Cameron Miranda
The concept of judicial review and the power of state courts to declare laws unconstitutional is a highly debated topic in the United States. While the text of the Constitution does not explicitly refer to the power of judicial review, several comments made by delegates during the Constitutional Convention indicate a belief that federal courts would have this power. In practice, state laws have been deemed unconstitutional by the Supreme Court on the basis of violating the US Constitution or being preempted by federal law.
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What You'll Learn
State laws and the violation of the Constitution
The US Constitution gives federal judges the power of judicial review, which allows them to declare state laws unconstitutional. This power acts as a check on the legislature, protecting against the excessive exercise of state laws that violate the Constitution. For example, a Louisiana law that established a presumption of guilt for individuals systematically purchasing sugar at a lower price in Louisiana than in other states was held to violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
During the Constitutional Convention, delegates such as James Madison and George Mason indicated their belief that federal judges would have the power to declare laws unconstitutional. Madison stated that a law violating the Constitution "would be considered by the Judges as null & void." Additionally, scholars have found that twenty-five or twenty-six of the Convention delegates made comments indicating support for judicial review, with only three to six delegates opposed.
The power of judicial review is not unlimited, however. As George Mason clarified, federal judges can only strike down laws that are plainly unconstitutional. The judiciary has no power to declare a law unconstitutional unless it conflicts with a provision of the State or Federal Constitution.
In some states, judges have set aside laws that they deemed to be against the Constitution. These actions by state judges indicate that they believe they have the authority to review the constitutionality of state laws and, if necessary, render them void.
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State laws and violation of civil rights and liberties
State laws in the US can be deemed unconstitutional by the Supreme Court. There are three separate lists of Supreme Court decisions: Part I lists cases holding state constitutional or statutory provisions as unconstitutional; Part II lists cases holding local laws as unconstitutional; and Part III lists cases where state or local laws are preempted by federal law.
State laws that are deemed unconstitutional often involve violations of civil rights and liberties. For example, a Louisiana law that established a presumption of guilt for those purchasing sugar at a price lower than in other states was deemed to have violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. This law was discriminatory and deprived individuals of their civil liberties.
In another instance, a Wisconsin law that revoked the licenses of foreign corporations that removed to a federal court was found to be imposing an unconstitutional condition. This law restricted the rights of foreign corporations to seek legal recourse in federal courts, which is a fundamental right guaranteed by the US Constitution.
When it comes to civil rights and liberties, government officials and employees are expected not to violate the rights of individuals with whom they interact. Section 1983 (42 U.S.C. Section 1983) is a federal law that allows citizens to sue state or local government officials for violations of rights granted by the US Constitution or federal laws. This law provides access to state or federal courts and allows for monetary damages and injunctions to be awarded to prevailing plaintiffs.
Additionally, federal civil rights statutes make it unlawful for governmental authorities or their agents to engage in practices that deprive individuals of their rights, privileges, or immunities secured by the US Constitution or federal laws. This includes law enforcement officers, juvenile justice administrators, and employees of government agencies.
Federal disability rights laws also provide protection against discrimination, segregation, and exclusion for people with disabilities, ensuring their civil rights are upheld.
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State laws and violation of the Contracts Clause
State laws can be held unconstitutional if they violate the Contracts Clause. The Contracts Clause, or the Obligation of Contracts Clause, is a provision in the US Constitution that prohibits states from enacting legislation that impairs the obligation of contracts. This means that states cannot pass laws that modify existing contracts or relieve individuals or entities of their contractual obligations. The Contracts Clause also prohibits states from issuing their own money, granting titles of nobility, or entering into treaties, alliances, or confederations.
The Supreme Court has played a significant role in interpreting the Contracts Clause and determining whether state laws violate it. During the 1800s, the Supreme Court frequently relied on the Contracts Clause to strike down state laws that interfered with existing contract rights. For example, in *Fletcher v. Peck* (1810), the Court interpreted the Contracts Clause to prohibit a state from breaching its own contracts by rescinding a land grant. In *Sturges* (1842), the Court held that a bankruptcy law that allowed insolvent debtors to discharge their debts by surrendering their property violated the Contracts Clause.
The level of protection provided by the Contracts Clause has evolved over time. After the Civil War, statutes were held invalid as bills of attainder and ex post facto laws when they excluded former Confederates from certain professions by requiring loyalty oaths. However, during the New Deal Era, the Supreme Court began to depart from strict interpretation, upholding a Minnesota law that temporarily restricted mortgage holders' foreclosure abilities to prevent mass foreclosures during the Great Depression.
The Court has laid out a three-part test in *Energy Reserves Group v. Kansas Power & Light* to determine whether a law conforms with the Contracts Clause. Firstly, the state regulation must not significantly impair a contractual relationship. Secondly, the state must have a significant and legitimate purpose behind the regulation. Thirdly, the law must be reasonable and appropriate for its intended purpose.
State laws that violate the Contracts Clause can be held unconstitutional by the Supreme Court. This ensures that states do not interfere with contractual obligations and protects the rights of individuals and entities within the state.
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State laws and violation of the Fourteenth Amendment
The Fourteenth Amendment was adopted after the Civil War to protect individual rights from interference by the states. It prohibits states from depriving "any person of life, liberty, or property, without due process of law". The Due Process Clause of the Fourteenth Amendment is the source of an array of constitutional rights, including some of the most cherished and most controversial.
The Fourteenth Amendment guarantees citizens the privileges and immunities of citizenship. It also guarantees due process and equal protection under the law. For example, a state law requiring the filing of articles with a local official as a prerequisite for the validity of conveyances of local realty to corporations does not violate due process. Similarly, statutes requiring a foreign insurance company to maintain reserves computed by a specific percentage of premiums received in all states, or to consent to direct actions filed by injured persons in the host state, are valid.
The Fourteenth Amendment also allows states to impose significant regulations on businesses without violating due process. For instance, states can prohibit agreements to pool and fix prices, divide net earnings, and prevent competition in the purchase and sale of grain. States can also implement regulations designed to promote public safety, such as measures to reduce fire hazards. These include municipal ordinances that prohibit the storage of gasoline within 300 feet of any dwelling, require that gas storage tanks with a capacity of more than ten gallons be buried at least three feet underground, or prohibit washing and ironing in public laundries and wash houses within defined territorial limits from 10 p.m. to 6 a.m.
However, a Louisiana law that established a rebuttable presumption that any person systematically purchasing sugar in the state at a price below that paid in any other state was a party to a monopoly or conspiracy in restraint of trade violated both the Due Process and Equal Protection Clauses of the Fourteenth Amendment. This was because it declared an individual presumptively guilty of a crime and exempted countless others paying the same price.
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State laws and violation of due process
The concept of "due process" in the US legal system is derived from Clause 39 of the Magna Carta, which was first rendered into statute in 1354 during the reign of Edward III of England. This clause stated that:
> No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law.
The Fifth and Fourteenth Amendments to the US Constitution each contain a "Due Process Clause", which acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Due Process Clause requires that the government must follow fair procedures and operate within the law before depriving a citizen of life, liberty, or property.
State laws can be held unconstitutional if they violate the Due Process Clause. For example, in 1916, a Wisconsin law that revoked the license of any foreign corporation that removed to a federal court a suit instituted against it by a Wisconsin citizen was held to impose an unconstitutional condition. In another case, a Louisiana law that established a rebuttable presumption that any person systematically purchasing sugar in Louisiana at a price lower than that paid in any other state was a party to a monopoly or conspiracy in restraint of trade, was held to violate the Due Process Clause as it declared an individual presumptively guilty of a crime.
The Due Process Clause also applies to civil judgments and punitive damages. For instance, it is not a violation of due process for a state to bar actions relative to property after an interval of one year following the appointment of a receiver for the property, as long as reasonable notice is provided. Similarly, a state may allow punitive damages to be assessed in actions against employers for deaths caused by the negligence of their employees, as this does not deprive one of property without due process of law.
In summary, state laws can be held unconstitutional if they violate the Due Process Clause of the Fifth and Fourteenth Amendments to the US Constitution. This clause acts as a safeguard for citizens, ensuring that the government follows fair procedures and operates within the law before depriving citizens of their life, liberty, or property.
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Frequently asked questions
Yes, state courts can declare laws unconstitutional. This is known as judicial review, and it is a power that is believed to be given to federal courts by the Constitution.
If a law is deemed unconstitutional, it is considered void and will be set aside.
Judicial review is intended to provide a check on the legislature and protect against the excessive exercise of power.
Scholar Larry Kramer and Justice Iredell argue that any judge who enforces an unconstitutional law becomes complicit in the act and is considered a lawbreaker.
