Prosecutorial discretion enables selective enforcement. Our drug laws are massively enforced; that doesn’t change their selectivity.
> an implicit status quo that could be changed any time
So is a history of enforcement!
>> an implicit status quo that could be changed any time
> So is a history of enforcement!
Are you really saying that history can be changed at any time?
While there will always be jurisprudence that attempts to advance precedent, a history of consistent enforcement cannot, in fact, be changed. People will always have vulnerability to novel interpretations and surprising re-interpretations of the law, but laws which sit on the books IGNORED can easily lead to essentially undefined behavior which I have no doubt you can understand the potential pernicious nature of...