Gavin Howe
There have been several instances of laws being passed that are plainly unconstitutional. This can occur at both the state and federal levels in the United States. For example, a Missouri act imposed a license fee on out-of-state merchandise peddlers but exempted those selling in-state goods, which was deemed an unconstitutional burden on interstate commerce. Similarly, an Illinois statute requiring a railroad to run an unnecessary service to Cairo was held to obstruct interstate commerce and the passage of US mails. At the federal level, the Subversive Activities Control Act of 1950, which made it a crime for members of Communist organizations to obtain or use a passport, was deemed to violate due process under the Fifth Amendment. In each of these cases, the laws were either struck down or deemed unconstitutional by the Supreme Court, demonstrating the importance of judicial review in upholding the Constitution.
| Characteristics | Values |
|---|---|
| Conflict with national supremacy | A Maryland law imposing a tax on notes issued by a branch of the Bank of the United States was held unconstitutional |
| Violation of Contracts Clause | A New Hampshire law that altered a charter granted to a private corporation by the British Crown prior to the Revolution |
| Violation of due process | A Nebraska statute that compelled a railroad to permit a third party to erect a grain elevator on its right of way |
| Unconstitutional burden on interstate commerce | A Missouri act that required payment of a license fee by peddlers of out-of-state merchandise, but exempted in-state peddlers |
| Conflict with federal 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 for each passenger |
| Unconstitutional taking of property | Section 207 of the Indian Land Consolidation Act, as amended in 1984, restricts a property owner's right to pass on property to their heirs |
| Repudiation of the pledge implicit in the power to borrow money | Abrogation of the gold clause in government obligations |
| Violation of due process and self-incrimination | Subversive Activities Control Act of 1950, which made it a crime for members of Communist organizations to obtain or use passports |
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State law vs federal law
Federal laws apply to everyone in the United States and cover areas such as immigration, bankruptcy, the postal service, intellectual property, and the military. These laws are enacted by Congress and are supreme over state laws, as outlined in the Supremacy Clause of the U.S. Constitution (Article VI). This clause ensures that laws made in furtherance of the Constitution are the "supreme law of the land," giving federal laws priority over state constitutions and laws.
State laws, on the other hand, apply to people living or working in a specific state or territory. Each state has its own system of laws and courts, handling various matters, including family law, divorce, child custody, and guardianships. While federal and state laws may overlap in certain areas, such as when federal funds are offered to states for general welfare programs, some topics are predominantly governed by state law.
Despite the supremacy of federal law, states retain significant legislative power, and their laws can occasionally conflict with or be deemed unconstitutional in relation to federal law. For example, a Missouri act imposing a license fee on peddlers of merchandise produced outside the state was held to be an unconstitutional burden on interstate commerce. Similarly, a New York act requiring vessel owners to post a bond for each passenger was deemed to contravene Congress's power to regulate foreign commerce.
In such cases, the U.S. Supreme Court plays a crucial role in interpreting the Constitution and ensuring the primacy of federal law. The Court has held various state laws unconstitutional, including those that violate the Contracts Clause (Article I, § 10) or infringe on due process rights. For instance, in Dartmouth College v. Woodward, the Court found that a New Hampshire law altering a charter granted by the British Crown violated the Contracts Clause.
While the federal government and its laws take precedence, the U.S. Constitution establishes a federal system where power is shared between the federal and state governments, each with its own court system. This system allows for a dynamic interplay between federal and state laws, with the Supreme Court providing checks and balances to maintain the supremacy of the Constitution.
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Taxation laws
One notable case is McCulloch v. Maryland (1819), where the Court found that Congress had the authority to establish a national bank based on its Spending and Taxing powers, as well as the Necessary and Proper Clause. The Supremacy Clause also played a role, as it establishes federal law as supreme over state laws, thereby prohibiting states from enacting contradictory legislation. This case set a precedent for interpreting the constitutionality of taxation laws.
Another significant case is Pollock v. Farmers' Loan and Trust Co. (1895), which addressed the constitutionality of the Wilson-Gorman Tariff, an income tax law. The Supreme Court ruled that the tax was unconstitutional under Article I, Section 9 of the Constitution, as it imposed a direct tax on property owners without apportionment among the states. This decision led to the drafting and ratification of the 16th Amendment, which granted Congress the power to impose income taxes without regard to apportionment.
Despite the 16th Amendment, some continue to challenge the constitutionality of federal income tax laws, often citing the Fifth Amendment's protection against unlawful seizure of property. However, courts have consistently upheld the 16th Amendment and rejected these arguments as frivolous.
In addition to federal income tax disputes, other taxation laws have faced constitutional challenges. For example, state laws imposing taxes on interstate commerce have been held unconstitutional due to their obstruction of interstate commerce and violation of the Commerce Clause. Similarly, laws regulating the sale of alcoholic beverages exclusively at state dispensaries have been deemed unconstitutional for discriminating against interstate commerce.
In conclusion, while the United States Constitution and Supreme Court rulings provide a framework for assessing the constitutionality of taxation laws, disputes and interpretations can vary. It is essential to recognize that the interpretation and application of constitutional principles in taxation laws are complex and subject to ongoing legal debate and evolution.
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Interstate commerce
The Commerce Clause is a provision in the US Constitution that grants Congress the power "to Regulate Commerce with foreign Nations, and among the several States". This clause has been interpreted broadly by the courts, and it has been used to justify the regulation of intrastate and interstate commerce, as well as economic matters.
The interpretation of the Commerce Clause has been a subject of intense political controversy, as it directly affects the balance of power between the federal government and the states. The Supreme Court has held that Congress has the authority to regulate local commerce as long as it is part of a larger interstate commercial scheme or has a "substantial economic effect" on interstate commerce. For example, in Daniel v. Paul (1969), the Court ruled that the federal government could regulate a recreational facility because three of the four items sold at its snack bar were purchased from outside the state. Similarly, in Heart of Atlanta Motel v. United States (1964), the Court ruled that Congress could regulate a business that served mostly interstate travellers.
However, there have also been instances where laws have been struck down as unconstitutional for burdening or discriminating against interstate commerce. For instance, in West Lynn Creamery Inc. v. Healy, the Supreme Court struck down a Massachusetts state tax on milk products because it impeded interstate commercial activity by discriminating against non-Massachusetts citizens and businesses. In another case, a Missouri act that required the payment of a license fee by peddlers of merchandise produced outside the state, but exempted those selling goods produced in the state, was held to impose an unconstitutional burden on interstate commerce.
The Interstate Commerce Act, passed in 1887, is a notable example of legislation that applied the Commerce Clause. This Act regulated railroad rates, limiting them to "reasonable and just" charges, forbidding rebates to high-volume users, and making it illegal to charge higher rates for shorter hauls. The Act was a response to public anger over unfair railroad rates, with small businesses and farmers protesting that the railroads charged them higher rates than larger corporations.
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Property rights
In the United States, laws that are deemed to be unconstitutional can be challenged and struck down through several mechanisms, including judicial review, constitutional interpretation, and enforcement of individual rights. The Supreme Court plays a crucial role in this process, as it has the power to declare laws unconstitutional and void if they violate the Constitution.
One example of a law being passed that infringed on property rights is the case of Missouri Pacific Ry. v. Nebraska (164 U. S. 403 (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. This law was challenged on the grounds that it violated the company's property rights and deprived them of due process. The Supreme Court agreed and held that the statute was unconstitutional, protecting the company's property rights.
Another illustration is the Central of Georgia Ry. v. Murphey (196 U. S. 194 (1905)) case. In this instance, an Illinois law was enacted after a mortgage was executed, stating that if a mortgagee did not obtain a deed within five years of the redemption period, they would lose their claim to the estate. This law was challenged as it impaired the obligation of the contract and deprived the mortgagee of their property rights without adhering to due process. The Court ruled in favor of the plaintiff, deeming the law void.
State laws that interfere with existing contracts or property rights are often challenged as unconstitutional. For instance, in Illinois Central R. R. v. Illinois (163 U. S. 142 (1896)), an Illinois statute requiring a railroad to operate a specific route was found to be an unconstitutional obstruction of interstate commerce and the passage of U.S. mails. Similarly, in McCracken v. Hayward (43 U. S. (2 How.) 608 (1844)), an Illinois mortgage moratorium statute applied retroactively diminished the remedies of the mortgage lender and impaired their contractual obligations, thus violating Article I, Section 10 of the Constitution.
In summary, laws that infringe on property rights, retroactively affect contracts, or deprive individuals or entities of their due process can be challenged and struck down as unconstitutional. The Supreme Court plays a pivotal role in interpreting and enforcing the Constitution, ensuring that the rights of citizens and entities are protected from unconstitutional laws.
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Due process
The passing of laws that are plainly unconstitutional can occur for several reasons, including political motives, legislative errors, or a lack of clarity in the constitution. In the United States, the concept of "due process" is a fundamental aspect of constitutional law, and violations of due process are often at the heart of legal challenges to such laws.
One way a law may violate due process is by depriving individuals of their property without just compensation or fair procedures. For example, in Missouri Pacific Ry. v. Nebraska (1896), a Nebraska statute that allowed a third party to erect a grain elevator on railroad property was found to violate due process and constitute a taking of property without due process. Similarly, in Seaboard Air Line Ry. (1916), a fixed passenger rate set by the Arkansas legislature was deemed confiscatory, depriving the railroad of its property without due process.
Another context in which due process violations often arise is when laws are overly vague or ambiguous, making it unclear what conduct is prohibited or permitted. This vagueness can lead to arbitrary enforcement and potentially criminalize innocent behaviour. Notable examples include Papachristou v. Jacksonville (1972) and Kolender v. Lawson (1983), where vagrancy laws that restricted "loafing" or "wandering" were struck down for granting police officers excessive discretion and failing to provide citizens with clear guidance on prohibited conduct.
Additionally, due process considerations extend to laws that infringe on fundamental rights and liberties, such as the right to travel interstate. In Shapiro v. Thompson (1969), a District of Columbia law requiring welfare recipients to have resided in the district for a year was found to violate the Due Process Clause of the Fifth Amendment by impermissibly classifying individuals based on their assertion of the right to travel interstate.
In conclusion, due process plays a critical role in ensuring that laws enacted by legislative bodies do not arbitrarily deprive individuals of their rights, property, or liberties. When laws are passed that are plainly unconstitutional, violating due process protections, the judicial system serves as a crucial check, striking down such laws and upholding the fundamental principles enshrined in the Constitution.
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Frequently asked questions
In Missouri Pacific Ry. v. Nebraska, 164 U.S. 403 (1896), a Nebraska statute that allowed a third party to erect a grain elevator on a railroad's right of way was deemed to deprive the railroad of property and violate due process.
In Perry v. United States, 294 U.S. 330 (1935), the Abrogation of the gold clause in government obligations was held to repudiate the pledge implicit in the power to borrow money (Article I, § 8, clause 2).
In Dartmouth College v. Woodward, 17 U. S. (4 Wheat. ) 518 (1819), a New Hampshire law altered a charter granted to a private corporation by the British Crown prior to the American Revolution, violating the Contracts Clause (Art. I, § 10).
The Supreme Court of the United States reviews and interprets laws to determine if they are unconstitutional. This process involves examining the law in question and deciding if it violates any provisions or principles outlined in the Constitution.
