Anaya Nolan
The concept of constitutionality refers to the extent to which a law, procedure, or act complies with the constitution. A law is deemed unconstitutional when it directly violates the constitution. Depending on the legal system, a statute may be declared unconstitutional by any court or only by a special constitutional court. In some countries, the legislature can create any law without provision for courts to declare it unconstitutional. For example, in the United States, the Supreme Court has held certain acts of Congress, state laws, and local laws as unconstitutional in whole or in part, such as in the case of United States v. Constantine in 1935.
| Characteristics | Values |
|---|---|
| A law can be deemed unconstitutional if it directly violates the constitution | A New York law that deprived a utility company of its property without due process was deemed unconstitutional |
| A law can be deemed unconstitutional if it imposes an unconstitutional condition | An Oklahoma law that prohibited foreign corporations from invoking the diversity of citizenship jurisdiction of federal courts was deemed unconstitutional |
| A law can be deemed unconstitutional if it violates the Export Clause | A federal tax on insurance premiums paid to foreign insurers not subject to federal income tax was deemed unconstitutional |
| A law can be deemed unconstitutional if it violates the Due Process Clause of the Fifth Amendment | A District of Columbia law that required welfare recipients to have resided in the district for at least one year was deemed unconstitutional |
| A law can be deemed unconstitutional if it violates the Establishment Clause of the First Amendment | The Higher Education Facilities Act of 1963, which removed restrictions against the religious use of facilities constructed with federal funds, was deemed unconstitutional |
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What You'll Learn
Legislative acts or laws conflicting with the constitution
The U.S. Constitution is the nation's fundamental law, and courts are tasked with interpreting its meaning and the meaning of any laws passed by Congress. Alexander Hamilton noted that federal courts "were designed to be an intermediate body between the people and their legislature" to ensure that the people's representatives act within the authority given to Congress under the Constitution.
When a legislative act or law conflicts with the Constitution, the Constitution takes precedence, and the courts play a crucial role in maintaining the rule of law. Here are some examples of legislative acts or laws that conflicted with the Constitution:
New York State Law
A New York law required a public utility to perform its service in a manner that would have required the utility to rebuild its entire plant at a cost with no return under the fixed rates. This was deemed to have unconstitutionally deprived the utility of its property without due process.
Kentucky Constitutional Provision
A Kentucky constitutional provision required carriers to deliver their cars to connecting carriers without providing adequate protection for their return or compensation for their use. This was ruled as an invalid taking of property without due process of law.
Arkansas Statute
An 1855 Arkansas statute repealed an 1851 grant of a tax exemption for swamp lands, impacting a contract with holders of such tax exemptions. This was ruled as impairing the obligation of contracts.
Ohio Constitution
The Ohio Constitution required that a proposed constitutional amendment be referred to the voters, which was inconsistent with Article V of the Federal Constitution.
Arkansas Legislature Act
The two-cent passenger rate fixed by an act of the Arkansas legislature was deemed confiscatory, depriving the railroad of its property without due process.
Oklahoma Income Tax Law
An Oklahoma income tax law was ruled to be unenforceable regarding the net income derived from sales of oil and gas leases of restricted Indian lands. The lessee was considered an instrumentality of the United States in fulfilling its duties to Native Americans.
Oklahoma Law
An Oklahoma law prohibited foreign corporations from invoking the diversity of citizenship jurisdiction of federal courts, imposing an unconstitutional condition.
These examples demonstrate instances where legislative acts or laws were found to conflict with the Constitution, and the courts played a crucial role in interpreting and upholding the Constitution's supremacy.
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Constitutionality and the type of legal system
The concept of constitutionality is integral to the functioning of a legal system, and it is a major focus of legal studies and research. Constitutional law is a body of rules, doctrines, and practices that govern the operation of political communities, with the modern state being the most important political community. The essential nature of constitutional law is that it is "basic" and supreme with respect to all other laws of the legal system.
The US Constitution, for example, operates within a system of "checks and balances", with the legislative, executive, and judicial branches formally separate but often requiring cooperation. The US Supreme Court, the highest court in the country, has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws. The US Constitution and its Bill of Rights confer a higher status on rules that define the organisation of government and limit its powers.
In the UK, the common law system emphasises judicial precedent, with consequential court rulings, especially by higher courts, being a source of law. In contrast, civil law jurisdictions, such as those in continental Europe, place less emphasis on judicial review, and only the parliament or legislature has the power to effect law. Civil law judiciaries are inquisitorial, while common law judiciaries are adversarial and establish the courts as independent from the legislature and law enforcement.
The doctrine of the rule of law, first established by British legal theorist A.V. Dicey, dictates that government must be conducted according to law, with three essential elements: the supremacy of regular law over arbitrary power, equality before the law, and the general ideal of the rights of private persons. This doctrine is a key aspect of constitutionality within a legal system.
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Acts of Congress deemed unconstitutional
While the concept of a constitutional law being used unconstitutionally may seem paradoxical, it is possible for this to occur when a law is applied in a way that infringes on the rights and freedoms outlined in a country's constitution. In the United States, for example, the Supreme Court has deemed certain Acts of Congress to be unconstitutional, either in whole or in part. Here are some examples of Acts of Congress that have been deemed unconstitutional:
Religious Freedom Restoration Act (RFRA)
In City of Boerne v. Flores (1997), the Supreme Court held that the RFRA exceeded congressional power under Section 5 of the Fourteenth Amendment. The RFRA directed the use of the compelling interest test to determine the validity of laws that substantially burden the free exercise of religion. However, the Court found that Congress's power under Section 5 does not extend to defining the substance of the Amendment's restrictions.
Low-Level Radioactive Waste Policy Amendments Act of 1985
In New York v. United States (1992), the Supreme Court ruled that the "take-title" incentives in this Act offended the principles of federalism embodied in the Tenth Amendment. These incentives required non-participating states to take title to waste or face liability for generators' damages, which was seen as coercive and beyond congressional power.
Labor-Management Reporting and Disclosure Act of 1959
In Frontiero v. Richardson (1973), a provision of this Act was held to be a bill of attainder and unconstitutional. The provision made it a crime for a member of the Communist Party to serve as an officer or employee of a labor union, except for clerical or custodial positions. This was found to violate the equal protection principles of the Fifth Amendment's Due Process Clause.
Narcotic Drugs Import and Export Act
In Leary v. United States (1969), the Supreme Court held that the presumption that a possessor of marijuana knew of its illegal importation into the United States was unconstitutional. This presumption was deemed to violate the Due Process Clause of the Fifth Amendment, as it was not shown that all marijuana in the United States was of foreign origin.
State Laws and Constitutional Provisions
In addition to Acts of Congress, certain state laws and constitutional provisions have also been deemed unconstitutional by the Supreme Court. For example, an Oklahoma income tax law was found to be unenforceable in Terral v. Burke Constr. Co. (1922) as it imposed a tax on income derived from the sale of oil and gas leases on restricted Indian lands. Similarly, a Kentucky constitutional provision requiring carriers to deliver their cars to connecting carriers without adequate protection or compensation was held to effect an invalid taking of property without due process of law in Louisville & Nashville R. R. v. Stock Yards Co. (1909).
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State laws and their constitutionality
State laws in the United States are occasionally deemed unconstitutional by the Supreme Court. For example, in the case of Louisville & Nashville R. R. v. Stock Yards Co., 212 U.S. 132 (1909), the Supreme Court ruled that a Kentucky constitutional provision requiring carriers to deliver their cars to other carriers without adequate protection or compensation effected an invalid taking of property without due process of law.
State laws can also be found to be unconstitutional if they impose burdens on interstate commerce or tax federal instrumentalities. For instance, the Maryland oyster inspection tax of 1910, which was levied on oysters from other states, was deemed to be unconstitutional as it imposed a burden on interstate commerce. Similarly, a Minnesota tax on bonds issued by a municipality in Oklahoma was found to be void as it taxed a federal instrumentality.
State laws that infringe on the rights of citizens, such as those guaranteed by the Bill of Attainder, can also be deemed unconstitutional. In the case of Missouri constitutional provisions, the Supreme Court ruled that requiring clergymen to take an oath that they had never been guilty of hostility to the United States was void as a bill of attainder and an ex post facto law.
State courts have the power to interpret their constitutions and can be more protective of individual rights than the federal Constitution. For example, the New Mexico Supreme Court established a state constitutional violation for partisan gerrymandering by adopting a test articulated by Justice Elena Kagan. The Supreme Court has expressed tolerance for state courts interpreting their constitutions more protectively, and a state constitutional decision based on an "adequate and independent state-law ground" is insulated from Supreme Court review.
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The role of courts in declaring laws unconstitutional
The role of the courts in declaring laws unconstitutional is an essential function in a democratic government. The Supreme Court, as the highest court in the land, is the final arbiter of constitutionality, and its power of judicial review allows it to strike down laws that violate the Constitution. This power is not explicitly mentioned in the Constitution but has been established through subsequent cases. The Court's authority extends to both Legislative and Executive acts, ensuring that they comply with the Constitution.
One of the critical roles of the Supreme Court is to protect civil rights and liberties. By reviewing and striking down unconstitutional laws, the Court ensures that the government's actions do not infringe upon the fundamental rights guaranteed to citizens. This includes safeguarding freedoms such as freedom of speech, freedom of religion, and due process of law. The Court's decisions have a profound impact on society, shaping the understanding and interpretation of constitutional rights.
State laws are also subject to the Court's scrutiny. In cases where state laws have been found to violate the Constitution, the Court has held them unconstitutional. For example, in Farmers Bank v. Minnesota (1914), the Court invalidated a Minnesota tax on bonds issued by an Oklahoma municipality, deeming it a tax on a federal instrumentality. Similarly, in Terral v. Burke Constr. Co. (1922), the Court ruled against an Arkansas law that revoked the license of a foreign corporation for resorting to federal courts, finding it imposed an unconstitutional condition.
Additionally, the Supreme Court's jurisdiction allows it to hear cases involving the interpretation of the Constitution and federal law. This includes disputes where the United States is a party, cases involving treaties, and admiralty cases. The Certiorari Act of 1925 grants the Court discretion in selecting which cases to hear, with the Court agreeing to review approximately 100-150 cases out of thousands of petitions received annually. This discretion allows the Court to focus on matters of significant constitutional or legal importance.
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