An agreement based on an unconstitutional law is void and unenforceable

When the legislature enacts unconstitutional legislation it is the responsibility of the rest of us to bring it to the judiciary for a ruling. If the court finds ERMA unconstitutional, then the agreement the State entered into in federal court (agreeing to comply with an unconstitutional law) would be void and unenforceable. NY’ s Court of Appeals recently affirmed the finding that an agreement entered into by the Governor was without constitutional authority, “thereby rendering it void and unenforceable.” Saratoga v Pataki

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