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  1. ...for obvious/egregious transgressions? Let's say the government passes a law that results in people dying. These people's relatives can of course sue, and the Courts can find in their favor, if the law is unconstitutional. Should the Constitution also contain a set of penalties (jail time, death penalty), which would result in the legislators behind certain unconstitutional laws (not all, mind you, just select cases where criminal intent can be demonstrated) being charged with a crime based on it? P.S. This came up because of the threats the DOJ made against state legislators passing laws instructing state employees to participate in the trade of marijuana. As far as I can tell, the federal government does have the power to prosecute state legislators if they, in their official capacity, violate federal law - a power, I think, is proper (though they clearly shouldn't have the power to prosecute anyone, legislator or regular citizen, over pot). Why should legislators be immune to federal laws, after all? Which begs the question, who should hold members of Congress accountable for their actions as legislators, if not the highest courts as prescribed by the Constitution?