I'll also add, it punishes citizens with jail time or fines for not following unconstitutional laws until they are invalidated...which takes a long time, at least in the United States.
So the desired chilling effect occurs regardless. In fact, the goverment can (and does, sigh) play the game like this:
1. Pass an unconstitutional law and enforce it.
2. Wait years for the inevitable legal challenge to make its way to the Supreme Court, at which time it is invalidated.
3. Change the law slightly (minor variations in wording are sufficient), pass it, and enforce the law.
4. Go back to step 2.
The government can do this as long as it wants, without any problems (i.e. there's no fine for passing unconstitutional laws, and those who vote for them don't lose office, etc.).
So the desired chilling effect occurs regardless. In fact, the goverment can (and does, sigh) play the game like this:
1. Pass an unconstitutional law and enforce it.
2. Wait years for the inevitable legal challenge to make its way to the Supreme Court, at which time it is invalidated.
3. Change the law slightly (minor variations in wording are sufficient), pass it, and enforce the law.
4. Go back to step 2.
The government can do this as long as it wants, without any problems (i.e. there's no fine for passing unconstitutional laws, and those who vote for them don't lose office, etc.).