[rainsford]

I would agree that the legislative and executive branches do have some responsibility to write and sign laws they actually believe are constitutional. Just punting that to the courts does seem like a cop out.

I was talking more about laws that have already been written and signed since we were talking about the actions of the FEC in the context of McCain-Feingold. Absent extreme cases (like death camps or something), I don't think the FEC or its employees would have any legal right (or responsibility) to decide for themselves that McCain-Feingold was unconstitutional. Giving them that power and responsibility is the can of worms I was talking about.