Gavin Howe
The Supreme Court is the highest judicial body in the United States, with the power to review and rule on the constitutionality of state laws. This power of judicial review allows the Supreme Court to determine whether a state law is consistent with the U.S. Constitution, and if found inconsistent or in violation of federal law, the Court can declare the state law unconstitutional. This process involves examining whether a state court's ruling on the constitutionality of a state statute was accurate. For example, in Indiana ex rel. Anderson v. Brand, the Supreme Court reversed a state court decision that ruled a Teacher Tenure Act did not constitute a contract, as it had to determine whether the state's ruling undermined the contracts clause in the Constitution. The Supreme Court's authority to review state laws is essential to ensuring that federal rights are protected and that state laws do not infringe upon areas under federal jurisdiction.
| Characteristics | Values |
|---|---|
| Can the Supreme Court rule a state law unconstitutional? | Yes |
| What happens if the Supreme Court does something unconstitutional? | Law enforcement officers can refuse to enforce the ruling and fall back on their oath to uphold the constitution. |
| Can a constitutional amendment be a remedy? | Yes, but it would need to be very clearly worded. |
| Can SCOTUS determine a constitutional amendment to be unconstitutional? | No, because amendments, once ratified, are part of the constitution. |
| Can Congress establish a new SCOTUS and assign jurisdiction to that court? | No, that would be unconstitutional. |
| Can the Supreme Court review state law? | Yes |
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What You'll Learn
State laws deemed unconstitutional by the Supreme Court
The US Supreme Court can deem state laws unconstitutional. Here are some examples of state laws that were deemed unconstitutional by the Supreme Court:
Western Union Tel. Co. v. Brown (1914)
A Kansas statute empowering a Kansas court to award against a litigant attorney's fees attributable to the presentation before the United States Supreme Court of an appeal in a mandamus proceeding was deemed inoperative. This ruling was made under the principle of national supremacy, as a state court cannot be empowered by state law to assess fees for services rendered in a federal court.
Ralls County Court v. United States (1881)
A Texas tax collected on private telegraph messages sent out of the state was deemed an invalid burden on foreign and interstate commerce.
Dartmouth College v. Woodward (1819)
A Maryland law imposing a tax on notes issued by a branch of the Bank of the United States was held to be unconstitutional under the principle of national supremacy.
Farmers' and Mechanics' Bank v. Smith (1821)
A New Hampshire law that altered a charter granted to a private eleemosynary corporation by the British Crown prior to the Revolution was deemed to have violated the Contracts Clause.
Frontiero v. Richardson (1973)
Federal statutes providing that spouses of female members of the Armed Forces must be dependent in fact in order to qualify for certain benefits were deemed an invalid sex classification under the equal protection principles of the Fifth Amendment's Due Process Clause.
Stern v. Marshall (2011)
The Court held that a counterclaim of tortious interference with a gift, although made during a bankruptcy proceeding, was a state common law claim that did not fall under any of the public rights exceptions allowing for the exercise of Article III jurisdiction.
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Local laws deemed unconstitutional by the Supreme Court
The US Supreme Court can deem state laws unconstitutional. There are three separate lists of Supreme Court decisions in this regard: Part I lists cases holding state constitutional or statutory provisions unconstitutional, Part II lists cases holding local laws unconstitutional, and Part III lists cases holding that state or local laws are preempted by federal law.
Western Union Tel. Co. v. Brown (1914)
A Kansas statute empowering a Kansas court to award against a litigant attorney's fees attributable to the presentation before the United States Supreme Court of an appeal in a mandamus proceeding was deemed inoperative, consistently with the principle of national supremacy.
Ralls County Court v. United States (1881)
A Texas tax collected on private telegraph messages sent out of the state was ruled to impose an invalid burden on foreign and interstate commerce.
City of Parkersburg v. Brown (1882)
A West Virginia law authorizing a city to issue its bonds to aid manufacturers was voided because it sanctioned an expenditure of public funds for a private purpose contrary to due process.
New York v. Compagnie Gen. Transatlantique (1882)
A New York law imposing a tax on every alien arriving from a foreign country and holding the vessel liable for the tax payment was deemed an invalid regulation of foreign commerce.
Dartmouth College v. Woodward (1819)
A Maryland law imposing a tax on notes issued by a branch of the Bank of the United States was held to be unconstitutional under the principle of national supremacy.
City of Boerne v. Flores (1997)
The Religious Freedom Restoration Act (RFRA) was deemed "so far out of proportion to a supposed remedial or preventive object that it cannot be understood as responsive to, or designed to prevent, unconstitutional behavior."
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State laws deemed unconstitutional due to federal preemption
The US Constitution gives the Supreme Court the power to review state court decisions involving issues arising under the Constitution and laws of the United States. The Court can rule a state law unconstitutional if it contradicts federal law or the Constitution. This is known as federal preemption.
Federal preemption occurs when a higher authority of law displaces the law of a lower authority when the two are in conflict. This is derived from the Supremacy Clause, which establishes that federal law is superior to state law. The Supreme Court has the final say in matters involving federal law interpretation and can overrule state court decisions.
- A Texas tax on private telegraph messages sent out of the state, which was deemed an invalid burden on foreign and interstate commerce.
- A Missouri law that deprived a county of the taxing power to meet interest payments on previously issued bonds, which impaired the obligation of contract.
- A West Virginia law authorizing a city to issue bonds to aid manufacturers was void because it sanctioned an expenditure of public funds for a private purpose, contrary to due process.
- A New York law imposing a tax on every alien arriving from a foreign country, which was deemed an invalid regulation of foreign commerce.
- A Kansas statute empowering a Kansas court to award attorney's fees attributable to an appeal in a mandamus proceeding before the US Supreme Court was deemed inconsistent with the principle of national supremacy.
In these cases, the Supreme Court ruled that the state laws in question were preempted by federal law or conflicted with the Constitution, and therefore, were unconstitutional.
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Supreme Court's unconstitutional power grabs
The US Supreme Court has been accused of making "unconstitutional power grabs" in its rulings. The Supreme Court has the power to rule a state law unconstitutional, and it has done so on several occasions. For example, in Ralls County Court v. United States (1881), the Court held that a Missouri law that deprived a county of taxing power was unconstitutional.
Despite the actual structure of the Constitution and its amendments, critics argue that the Supreme Court has exceeded its constitutional authority. The word "unconstitutional" does not appear in the Constitution, and the power to interpret what is or is not constitutional was not explicitly granted to the Court. Nevertheless, the Court has given itself the authority to revoke acts of Congress and declare presidential actions unconstitutional.
In recent years, the Supreme Court has been accused of making several "power grabs". One example is the 2024 ruling in Loper Bright, where the Court gave itself the power to veto acts of Congress, decide who becomes president, and determine the extent of the president's powers. This ruling has been described as the biggest judicial power grab since 1803, when the Court declared itself the sole interpreter of the Constitution in Marbury v. Madison.
Another example of a power grab is the Supreme Court's ruling in Trump v. U.S., which granted the president immunity from prosecution for official acts and effectively gave the president the power of a monarch. This ruling has been criticized for undoing restrictions on presidential abuse of power and for providing a roadmap for future lawbreaking presidents.
The Supreme Court's rulings have also been criticized for weakening legal guardrails against presidential abuse and for emboldening Trump and his administration in their attempts to expand presidential power. The Court's conservative justices have been particularly accused of advancing the Court's power and prioritizing it over the legislative and judicial branches.
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Supreme Court's review of state laws
The US Supreme Court can review state laws and determine whether they are unconstitutional. This is typically in cases where a federal right is impacted by the resolution of a state law. For example, in Indiana ex rel. Anderson v. Brand, the Supreme Court had to reverse a state court decision that ruled a Teacher Tenure Act did not constitute a contract. The Supreme Court had to decide whether the state court's decision undermined the contracts clause, i.e., whether rescinding the act constituted an unconstitutional impairment of contracts.
In another case, Standard Oil Co. of California v. Johnson, California passed a law levying taxes on gasoline sales except for sales to a department of the government. The California courts determined that the Army PX Exchange (which runs gas stations on Army bases) was not a government department. The Supreme Court reviewed the state law to decide whether a federal right was impacted by the state court's resolution.
State laws can be deemed unconstitutional if they contravene the Constitution or conflict with a federal statute, treaty, or the Supremacy Clause. For example, a Texas tax on private telegraph messages sent out of the state was deemed an invalid burden on foreign and interstate commerce. In another case, a Kansas statute that allowed a Kansas court to award attorney's fees attributable to an appeal in a mandamus proceeding before the US Supreme Court was deemed inoperative as it was inconsistent with the principle of national supremacy.
While the Supreme Court can review state laws and determine their constitutionality, it is worth noting that there have been criticisms of the Court's authority, with some arguing that it relies on unconstitutional power grabs.
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Frequently asked questions
Yes, the Supreme Court can and does rule state laws unconstitutional.
In theory, law enforcement could refuse to enforce the ruling and Congress could impeach the Justices. However, in practice, impeachment is unlikely due to the high bar of 67 votes being required in the Senate.
In Ralls County Court v. United States (1881), the Supreme Court ruled that a Missouri law that deprived a county of taxing power impaired the obligation of contract. In another case, the Court found that a Texas tax on private telegraph messages sent out of the state was an unconstitutional burden on interstate commerce.
No, because amendments, once ratified, become part of the Constitution.
Yes, a federal court can review a state law if it undermines a federal right or conflicts with a federal statute, treaty, or the Constitution.
