The Law Vs Constitution: Validity And Supremacy

can a law go against the constitution

The U.S. Constitution is the nation's supreme law, and any statute passed by legislators must be in agreement with it to be valid. This means that a law cannot violate the Constitution and that any laws that are repugnant to the Constitution are null and void. The federal courts were designed to ensure that the people's representatives act within the authority given to Congress under the Constitution and play an integral role in interpreting the Constitution's meaning, as well as the meaning of any laws passed by Congress.

Characteristics Values
Country United States
Constitution The U.S. Constitution is the supreme law of the land
Law Any law passed by Congress that conflicts with the Constitution is void
Courts The federal courts are an intermediate body between the people and their legislature
Courts The courts interpret the Constitution and the laws passed by Congress
Courts The courts hear the grievances voiced by minority groups or those who hold minority opinions
Equality before the law When the majority infringes upon the rights of a minority, the Court may hear both sides of the controversy
Bill of Rights Freedom of religion, speech, equal treatment, and due process of law are core values
Examples of state laws held unconstitutional A Texas law deprived railroads of due process and equal protection of the law
A Nebraska statute imposed unreasonably low freight rates, amounting to a deprivation of property without due process of law

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The US Constitution is the supreme law

The US Constitution is the nation's fundamental law, codifying the core values of the American people. It is the responsibility of the federal courts to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress. The federal courts act as an "intermediate body" between the people and their legislature, ensuring that the representatives act within the authority granted to them by the Constitution.

The Bill of Rights, for example, was passed to protect certain concepts deemed integral to the American way of life, such as freedom of religion, speech, equal treatment, and due process of law. These rights are so important that they cannot be infringed upon by the majority, even if a majority decision is made. The Court may hear both sides of the controversy to ensure that the rights of minorities are protected.

There have been several instances where state laws have been deemed unconstitutional. For example, a Texas law requiring railroads to pay court costs and attorneys' fees to litigants successfully prosecuting claims against them was found to deprive the railroads of due process and equal protection of the law. Similarly, a Missouri act that issued certificates payable in discharge of taxes or debts owed to the state was found to violate the constitutional prohibition against the emission of "bills of credit" by states. These laws, though passed by state legislators, were deemed invalid as they contradicted the US Constitution, the supreme law of the land.

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Federal courts interpret the Constitution

The U.S. Constitution is the nation's fundamental law, and federal courts have the responsibility to interpret its meaning, as well as the meaning of any laws passed by Congress. Alexander Hamilton noted in The Federalist #78 that federal courts were designed to be an "intermediate body between the people and their legislature" to ensure that the people's representatives acted only within the authority given to Congress under the Constitution.

Article III, Section I of the Constitution establishes the federal judiciary, including the Supreme Court and inferior courts as ordained and established by Congress. The Supreme Court, as the highest court in the land, is the court of last resort for those seeking justice. It has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors, and appellate jurisdiction on almost any other case involving constitutional or federal law. The Court's power of judicial review, established in Marbury v. Madison (1803), allows it to declare a Legislative or Executive act in violation of the Constitution and ensures that each branch of government recognizes its own limits.

The Supreme Court has the final say on when a right is protected by or violated under the Constitution. For example, before the passage of the Fourteenth Amendment in 1869, the Bill of Rights only applied to the federal government. After the Amendment, the Supreme Court ruled that most of its provisions were applicable to the states as well, thus expanding the scope of Constitutional rights.

The federal courts play a crucial role in maintaining the rule of law, particularly when hearing grievances from minority groups or those with minority opinions. The courts ensure that all persons, institutions, and entities are held accountable to laws that are consistent with the Constitution and international human rights principles.

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The Bill of Rights protects core values

The United States Constitution is the nation's fundamental law, codifying the core values of the people. It is impossible for a law that violates the Constitution to be valid. The Bill of Rights, comprising the first ten amendments to the Constitution, was added because the Constitution lacked limits on government power. The amendments were written by James Madison as a solution to restrict government power and protect individual liberties.

The First Amendment protects the freedom of speech, freedom of assembly, and the right to petition the government. It also safeguards the freedom to exercise one's religion, or no religion, without government influence. The Second Amendment protects the right to keep and bear arms, and the Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes. The Fourth Amendment bars the government from unreasonable search and seizure without a warrant, and the Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, and the right against self-incrimination. The Sixth Amendment provides additional protections for the accused, such as the right to a speedy and public trial and an impartial jury.

The Seventh Amendment preserves the right to a jury trial in certain civil cases, while the Eighth Amendment prohibits excessive bail, fines, or cruel and unusual punishments. The Ninth Amendment states that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people. Finally, the Tenth Amendment reserves powers not delegated to the federal government to the states or the people.

The Bill of Rights was strongly influenced by documents such as the Virginia Declaration of Rights, the Magna Carta, and the English Bill of Rights. It is a pivotal event in the story of liberty, protecting the core values and rights of citizens from government overreach.

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State laws can be unconstitutional

The U.S. Constitution is the nation's supreme law, and any statute passed by the state legislature must be in agreement with it to be valid. State laws that violate the Constitution are deemed "null and void." This is because the Constitution is designed to protect the core values of the people, and the federal courts act as an "intermediate body between the people and their legislature."

The Constitution is also designed to protect the rights of minorities, and when a majority infringes upon the rights of a minority, the Court may hear both sides of the controversy. For example, the Bill of Rights was passed to protect concepts such as freedom of religion, speech, equal treatment, and due process of law.

State laws can be deemed unconstitutional if they conflict with a federal statute or treaty. For instance, a New York act of 1849 that required the owner of an ocean-going passenger vessel to post a bond of $300 for each passenger as surety against them becoming public charges was held unconstitutional as it contravened Congress's exclusive power to regulate foreign commerce. Similarly, a California law that imposed a tax on exports was void as it conflicted with Article I, § 10, cl. 2 of the Constitution.

State laws that impair the obligation of contracts have also been deemed unconstitutional. For example, in Farmers’ and Mechanics’ Bank v. Smith, the Supreme Court held that a Pennsylvania insolvency law violated the Contracts Clause (Art. I, § 10) by discharging a debtor from obligations contracted before the law's passage.

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Unconstitutional laws are null and void

The U.S. Constitution is the nation's fundamental law and the supreme law of the land. It codifies the core values of the American people, and any statute passed by legislators must be in agreement with it to be valid. This is supported by Alexander Hamilton's statement in The Federalist #78, which explains the need for an independent judiciary:

> "The federal courts were designed to be an intermediate body between the people and their legislature to ensure that the people's representatives acted only within the authority given to Congress under the Constitution."

The Constitution is clear that it ought to be preferred over any statute passed by Congress, and that the intention of the people is superior to that of their agents. This is further emphasised by the existence of the Bill of Rights, which protects concepts such as freedom of religion, speech, equal treatment, and due process of law. These rights are deemed so important that not even a majority should be allowed to change them without a Constitutional Amendment.

Therefore, it is established that any law that goes against the Constitution is null and void. This principle has been upheld in various court cases, such as Marbury vs. Madison (1803), where it was stated that "all laws which are repugnant to the Constitution are null and void". Another example is Miranda vs. Arizona, which affirmed that "where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them".

State laws are also subject to this principle, as demonstrated by several cases where state laws have been held unconstitutional. For instance, in Missouri, an act that authorised the issuance of certificates payable in discharge of taxes or debts to the state was found to violate the constitutional prohibition against the emission of "bills of credit" by states. Similarly, a Pennsylvania law that subjected a federal officer to county taxes was deemed to impose an invalid burden on a federal instrumentality.

Frequently asked questions

No. The U.S. Constitution is the nation's fundamental law and the supreme law of the land. Any law passed by Congress that conflicts with the Constitution is null and void.

The federal courts, which are designed to be an intermediate body between the people and their legislature, interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress. If a law contradicts the Constitution, the former is preferred to the latter, and the will of the people to the intention of their agents.

Yes, in the case of Houston & Texas Cent. Ry. v. Texas (1898), a Texas law that required railroads to pay court costs and attorneys' fees to litigants successfully prosecuting claims against them was held to deprive the railroads of due process and equal protection of the law.

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