Can government enact any law it wants?
No. In fact, there have been many laws enacted that have been determined to be unconstitutional. An unconstitutional law is not law – it is invalid, having no legal force or effect. In order to be a valid law, the law must be constitutionally compliant. One problem that currently exists is that the Ohio legislature can enact any law it chooses, and the law operates upon the people until someone challenges it and it is determined by the Supreme Court of Ohio to be unconstitutional. Another current problem is the principle of “tacit agreement” or “acquiescence by silence”, which means that once the people are noticed by government of some action, whether it is constitutional or not, the people are assumed to be in complete agreement with the action if they do not sufficiently object. This has resulted in the creation of many bad laws and abuse in government. There is no current self-regulating constitutional mandate for government to operate within the limits of our State constitution.
