Courts don't go looking for unconstitutional laws—they wait for real cases where someone has been harmed and challenges the law in court.

The process:

1. Someone sues with standing: Plaintiffs must show they've been directly injured by the law or policy, not just that they disagree with it.
2. Court reviews the constitutional question: Judges analyze whether the law conflicts with specific constitutional provisions—First Amendment, Commerce Clause, Equal Protection, etc.
3. Court issues ruling: If the law is unconstitutional, the court strikes it down or blocks enforcement. The ruling can apply to just the plaintiffs or nationwide, depending on the injunction scope.

The real power is in interpretation. Courts decide what "free speech," "due process," and "equal protection" actually mean in practice. When the Supreme Court changes its interpretation, rights expand or contract overnight—Roe v. Wade protected abortion for 50 years until Dobbs v. Jackson overturned it in 2022.

Courts don't go looking for unconstitutional laws—they wait for real cases where someone has been harmed and challenges the law in court.

The process:

1. Someone sues with standing: Plaintiffs must show they've been directly injured by the law or policy, not just that they disagree with it.
2. Court reviews the constitutional question: Judges analyze whether the law conflicts with specific constitutional provisions—First Amendment, Commerce Clause, Equal Protection, etc.
3. Court issues ruling: If the law is unconstitutional, the court strikes it down or blocks enforcement. The ruling can apply to just the plaintiffs or nationwide, depending on the injunction scope.

The real power is in interpretation. Courts decide what "free speech," "due process," and "equal protection" actually mean in practice. When the Supreme Court changes its interpretation, rights expand or contract overnight—Roe v. Wade protected abortion for 50 years until Dobbs v. Jackson overturned it in 2022.