Cecily Zamora
The US Constitution is the supreme law of the United States, and any law passed by the government that violates it is considered unconstitutional and is therefore invalid. The Supreme Court of the United States has the power to declare a law unconstitutional in whole or in part, and has done so on numerous occasions, such as in the case of New York v. United States (1992), where it was decided that Congress could not force a transfer from generators to state governments. This article will explore the topic of unconstitutional laws, including examples of where state laws have been deemed unconstitutional and the implications of such rulings.
| Characteristics | Values |
|---|---|
| Violation of the Contracts Clause | A New Hampshire law that altered a charter granted to a private eleemosynary corporation by the British Crown prior to the Revolution |
| Violation of the Contracts Clause | A Pennsylvania insolvency law that purported to discharge a debtor from obligations contracted before its passage |
| Violation of the First Amendment | Federal prohibition on disclosure of the contents of an illegally intercepted electronic communication |
| Violation of the constitutional separation of powers | The Balanced Budget and Emergency Deficit Control Act that authorizes the Comptroller General to determine the spending reductions to reach congressional targets |
| Violation of the Fourteenth Amendment | RFRA (Religious Freedom Restoration Act) that defines the substance of the Amendment's restrictions |
| Violation of the power to regulate foreign commerce | 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 |
| Unconstitutional taking of property without compensation | Section 207 of the Indian Land Consolidation Act that restricts a property owner’s right to pass on property to his heirs |
| Unconstitutional burden on interstate commerce | A Missouri act that required payment of a license fee by peddlers of merchandise produced outside the state |
| Unconstitutional obstruction of interstate commerce and of passage of United States mails | An Illinois statute that required a railroad to run its New Orleans train into Cairo and back to the mail line, despite adequate service to Cairo |
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What You'll Learn
State laws and taxation
State legislatures have a significant amount of power and can act as a check on the federal government. However, it is unclear whether state legislatures can pass laws that contradict Supreme Court decisions. While state legislatures can exceed a federally-imposed floor on protected rights, certain state laws have been deemed unconstitutional by the Supreme Court. For example, in United States v. Peters, a Pennsylvania statute was deemed unconstitutional as it prohibited the enforcement of a federal court sentence on the ground that the federal court lacked jurisdiction. Similarly, in Fletcher v. Peck, a Georgia statute that annulled the conveyance of public lands was deemed unconstitutional as it violated the Contracts Clause.
State taxation laws must also comply with the Due Process Clause and the Commerce Clause. In the case of Wynne, the Supreme Court held that Maryland's taxing scheme was unconstitutional under the dormant Commerce Clause as it did not provide full credit for taxes paid in other states, resulting in double taxation. This case demonstrates that while states have the authority to tax their residents' income, they must do so in a way that does not violate the Commerce Clause.
Additionally, under the principle of national supremacy, federal government instrumentalities are immunized from state taxation. For example, in a case involving the Bank of the United States, a Maryland law imposing a tax on notes issued by a branch of the bank was held unconstitutional. This case illustrates the limits of state taxation laws and their potential conflict with federal laws and interests.
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Interstate commerce
The Commerce Clause has been a source of controversy regarding the balance of power between the federal government and the states. The interpretation of the sixteen words of the Commerce Clause has had a direct impact on the lives of American citizens. The Commerce Clause grants Congress the power to regulate commerce "with foreign Nations, and among the several States, and with the Indian Tribes".
The Supreme Court has generally taken a broad interpretation of the Commerce Clause. In Gibbons v. Ogden (1824), the Supreme Court affirmed federal supremacy in regulating interstate commerce. In United States v. Darby (1941), the Supreme Court upheld the federal government's authority to regulate labour standards across states. This case established that Congress could prohibit the shipment of goods produced under conditions that did not comply with the Fair Labour Standards Act, which set minimum wage and maximum hour requirements.
In the 1990s, the Rehnquist Court treated these New Deal cases as the high-water mark of congressional power. In United States v. Lopez (1995), the Supreme Court attempted to curtail Congress's broad legislative mandate under the Commerce Clause by returning to a more conservative interpretation of the clause. The Court ruled that the law wasn't sufficiently connected to economic activity to be justified by the Commerce Clause. However, in Gonzales v. Raich (2005), the Supreme Court ruled that under the Commerce Clause, Congress may criminalize the production and use of homegrown cannabis, even if it did not involve transportation across state lines. The Court found that there could be an indirect effect on interstate commerce.
The Commerce Clause has also been invoked in cases involving civil rights, workplace safety, sanitary food, drug safety, and employee rights. The interpretation of the Commerce Clause is not just a matter of legal theory but of practical governance, influencing how Congress can legislate on matters such as healthcare, education, and internet commerce.
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Separation of powers
In the United States, the system of government is designed to prevent the passing of unconstitutional laws through the separation of powers. This system divides the government into three branches: the legislative, the executive, and the judiciary. Each branch has distinct and independent powers, which act as checks and balances on the others, preventing any one branch from having too much power and ensuring that laws are scrutinised and reviewed by multiple bodies.
The legislative branch, comprising the two houses of Congress, is responsible for creating laws. However, it cannot pass laws that conflict with the Constitution, and its powers are limited by it. For example, in the case of New York v. United States (1992), the Supreme Court ruled that Congress could not force a transfer from generators to state governments as it would violate the separation of powers.
The executive branch, headed by the President, is responsible for enforcing the laws created by the legislative branch. It has some law-making power through executive orders, but these cannot conflict with existing laws or the Constitution.
The judiciary, made up of the federal court system, interprets the laws and ensures they are applied fairly and equally. The Supreme Court, as the highest court in the land, has the power to declare laws unconstitutional, as seen in cases such as City of Boerne v. Flores (1997), where the Court ruled that Congress could not define the substance of the Fourteenth Amendment's restrictions.
The separation of powers is a key feature of the US government, designed to prevent any one branch from having too much power and to protect the rights and liberties of citizens by ensuring laws are constitutional. This system, therefore, acts as a safeguard against the passing of unconstitutional laws.
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First Amendment rights
The First Amendment of the U.S. Constitution protects several fundamental freedoms, including freedom of religion, speech, and the press, as well as the right to assemble and petition the government. It acts as a safeguard against government interference in these areas.
The First Amendment right to freedom of speech is a cornerstone of democracy, protecting individuals' right to express themselves without fear of government censorship or retaliation. This freedom extends to a wide range of expressive activities, such as public speaking, writing, and peaceful protesting. However, it is not absolute, and some restrictions may be imposed in certain circumstances, such as when speech presents a clear and present danger or incites illegal activity.
The freedom of the press is another crucial First Amendment right. It ensures that journalists and media organizations can investigate and report on matters of public interest without government interference. This freedom enables the press to act as a watchdog, holding those in power accountable and providing the public with the information necessary to make informed decisions.
The right to assemble and petition the government is also protected by the First Amendment. This right allows individuals to gather peacefully for protests, rallies, and other forms of collective expression. It also guarantees their ability to petition the government directly with their grievances and seek redress, ensuring that their voices are heard in the political process.
In the case of Bartnicki v. Vopper (2001), the First Amendment rights of a talk show host and community activist were upheld by the Supreme Court. The Court ruled that a federal prohibition on disclosing illegally intercepted electronic communications violated their freedom of speech when the disclosed conversation involved a threat of violence in a labour dispute, which was deemed a matter of public concern.
In another instance, the Postal Services and Federal Employees Salary Act of 1962 was found to impose an obligation that infringed on First Amendment rights in Lamont v. Postmaster General (1965). The Act allowed the Post Office Department to detain material deemed "communist political propaganda" and only release it to the addressee upon request after notification.
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Property rights
In the United States, the Constitution acts as a safeguard against the government passing laws that violate property rights. The Supreme Court has the power to review state laws and determine their constitutionality, striking down those that infringe on the rights guaranteed by the Constitution.
One example of a law being struck down for violating property rights is Missouri Pacific Ry. v. Nebraska (1896). In this case, a Nebraska statute compelled a railroad company to allow a third party to build a grain elevator on its right-of-way. The Supreme Court held that this statute violated the railroad company's property rights and due process, and was therefore unconstitutional.
Similarly, in Trustees for Vincennes University v. Indiana (1853), the Supreme Court ruled against a state law that ordered the sale of federally reserved educational lands, finding that it impaired the contractual rights of the university. This case demonstrates that state laws cannot supersede prior federal agreements that protect property rights.
State laws that impose unreasonable burdens on interstate commerce have also been challenged on property rights grounds. For instance, a Missouri regulation requiring interstate trains to stop at a point where adequate accommodations already existed was deemed an invalid burden on interstate commerce.
Furthermore, laws that retroactively alter the terms of contracts, such as mortgage agreements, have been found to violate property rights. In Illinois Central R. R. v. Illinois (1896), the Supreme Court held that an Illinois statute granting a new right of redemption to defaulting borrowers impaired the obligation of contracts, thus infringing on the mortgage lender's property rights.
In conclusion, the Constitution of the United States protects citizens' property rights by providing a framework for challenging and overturning unconstitutional laws. The Supreme Court plays a crucial role in interpreting and enforcing these rights, ensuring that government actions do not unlawfully infringe on the property rights of individuals and businesses.
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Frequently asked questions
No, the government cannot pass an unconstitutional law. The Supreme Court of the United States has held Acts of Congress unconstitutional in whole or in part.
In 1993, the interim provisions of the Brady Handgun Violence Prevention Act were deemed unconstitutional. The Act required state and local law enforcement officers to conduct background checks on prospective handgun purchasers. This was inconsistent with the Constitution's allocation of power between the Federal and state governments.
Yes, state laws can also be deemed unconstitutional. For example, 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 to be unconstitutional. This was because it contravened Congress's exclusive power to regulate foreign commerce.
If an unconstitutional law is passed, it can be challenged in court and held invalid by the judiciary. The Supreme Court has the power to review the constitutionality of laws and can declare a law unconstitutional if it violates the Constitution.
