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The Constitution's Self-Executing Nature in Legal Proceedings
The Constitution is self-executing when used as a defense against state action, such as in a criminal trial where constitutional rights are invoked. However, when seeking affirmative relief, like suing the government for rights violations, a statute is required, as seen in Section 1983 for 14th Amendment cases. Chief Justice Savman-Shave's position in the Griffin's case of 1869 highlighted the need for legislation to seek affirmative relief under the 14th Amendment. Without proper legislation, legal proceedings are halted, as evidenced by the lack of indictments in insurrection cases due to the absence of relevant federal statutes.
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