Keith Mack
A law can be declared unconstitutional if it conflicts with a provision of the State or Federal Constitution. In the United States, the Supreme Court has the power to declare a law unconstitutional. For example, in the case of United States v. Brown (1965), the Supreme Court held that a provision of the Labor-Management Reporting and Disclosure Act of 1959, which made it a crime for a member of the Communist Party to serve as an officer or employee of a labor union, was unconstitutional. State laws can also be held unconstitutional if they conflict with federal law or if they violate constitutional amendments.
| Characteristics | Values |
|---|---|
| Conflict with State or Federal Constitution | Louisiana law that went against the Due Process and Equal Protection Clauses of the Fourteenth Amendment |
| Conflict with Federal Statute or Treaty | State or local laws preempted by federal law |
| Violation of First Amendment Rights | Postal Services and Federal Employees Salary Act of 1962 authorizing the withholding of "communist political propaganda" |
| Violation of Fourteenth Amendment Rights | The Religious Freedom Restoration Act, which allowed determining the validity of laws burdening the free exercise of religion |
| Unconstitutional Condition | Wisconsin law that revoked the license of a foreign corporation that removed to a federal court |
| Bill of Attainder | Provision of Labor-Management Reporting and Disclosure Act of 1959 criminalizing members of the Communist Party serving in labor unions |
| Conflict with Public Interest | Federal prohibition on disclosure of illegally intercepted communication involving a threat of violence in a labor dispute |
| Article III Jurisdiction | Counterclaims by the estate during bankruptcy proceedings that fell outside public rights exceptions |
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What You'll Learn
Conflict with State or Federal Constitution
The judiciary has no power to declare a law unconstitutional unless it conflicts with a provision of the State or Federal Constitution. For instance, a Louisiana law that established a presumption of guilt for individuals systematically purchasing sugar in the state at a lower price than in other states was deemed unconstitutional as it violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
In the United States, the Supreme Court has held state laws to be unconstitutional in several cases, including when they conflict with the Federal Constitution. For example, in the case of Wisconsin v. Philadelphia & Reading Coal Co. (1916), a Wisconsin law that revoked the license of a foreign corporation for removing to a federal court was deemed to impose an unconstitutional condition. Similarly, in Detroit United Ry. v. Michigan (1916), the construction of acts that compelled a Detroit City Railway to extend its lines to suburban areas was found to be unconstitutional.
State laws can also be preempted by federal law, rendering them void if they conflict with a federal statute, treaty, or the Supremacy Clause. An example is the Religious Freedom Restoration Act, which was held to exceed congressional power under the Fourteenth Amendment. In the case of United States v. Brown (1965), a provision of the Labor-Management Reporting and Disclosure Act of 1959 was deemed unconstitutional as it prohibited members of the Communist Party from serving as officers or employees of labor unions.
Additionally, acts of Congress can be held unconstitutional if they conflict with the State Constitution. An example is the Postal Services and Federal Employees Salary Act of 1962, where the provision authorizing the Post Office Department to detain "communist political propaganda" was found to abridge First Amendment rights. In Bartnicki v. Vopper (2001), a federal prohibition on the disclosure of illegally intercepted electronic communication was deemed to violate the First Amendment as it involved a threat of violence in a labor dispute, which was a matter of public concern.
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Conflict with Federal Statute or Treaty
State or local laws can be deemed unconstitutional if they conflict with a federal statute or treaty, as per the Supremacy Clause. This is because they contravene a provision of the Constitution.
For example, a Louisiana law was deemed unconstitutional as it violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The law stated that any person systematically purchasing sugar in Louisiana at a price below that paid in any other state could be presumed to be a party to a monopoly or conspiracy in restraint of trade. This law was found to declare an individual presumptively guilty of a crime and exempt countless others paying the same price.
Another example is 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. This law was deemed to impose an unconstitutional condition.
In the case of Detroit United Ry. v. Michigan, the construction of acts of 1905 and 1907 compelled a Detroit City Railway to extend its lines to suburban areas annexed by Detroit only on the same terms as were contained in its initial franchise as authorized by the Detroit ordinance. This was found to be unconstitutional.
It is important to note that the judiciary has no power to declare a law unconstitutional unless it conflicts with some provision of the State or Federal Constitution.
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Violation of Due Process
Due process is primarily a concept found in the Fifth Amendment to the US Constitution, which states that no person shall be "deprived of life, liberty or property without due process of law" by the federal government. The Fourteenth Amendment, ratified in 1868, uses the same wording, known as the Due Process Clause, to extend this obligation to individual states.
The Due Process Clause does not govern how a state sets rules, but it does govern how those rules are applied to individuals. For example, in the case of Moore v. City of East Cleveland (1977), it was found that a due process violation did not arise from the unauthorised failure of state agents to follow established state procedure when the state provided an adequate post-deprivation remedy.
In the context of education, the Due Process Clause does not govern how a state sets the rules for student discipline in its high schools, but it does govern how the state applies those rules to individual students. In the case of U.S. v. Carolene Products Co. (1938), it was found that regulatory legislation affecting ordinary commercial transactions is not unconstitutional unless it is of such a character as to preclude the assumption that the law rests on a rational basis within the knowledge and experience of the legislature.
The Due Process Clause also applies to the right to a fair trial, including the right to a jury trial, and the right to an impartial tribunal. In Loving v. Virginia (1967), it was found that a pre-termination evidentiary hearing is necessary to provide a recipient of welfare benefits with procedural due process.
In the context of criminal law, the Due Process Clause requires that any confession by a suspect must be voluntary. In the case of Cruzan v. Director, Missouri Dept. of Health (1990), it was found that an undue burden exists, and therefore a provision of law is invalid, if its purpose or effect is to place substantial obstacles in the path of a woman seeking an abortion before the fetus attains viability.
In conclusion, a violation of due process occurs when an individual is deprived of life, liberty, or property without fair procedures being followed by the state. This includes situations where the state fails to follow its established procedures, denies the right to a fair trial, or interferes with certain fundamental liberties.
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Violation of Equal Protection Clause
The Equal Protection Clause, which is part of the first section of the Fourteenth Amendment to the United States Constitution, mandates that individuals in similar situations be treated equally by the law. The clause, which came into effect in 1868, was primarily intended to prevent states from discriminating against black people. It provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws".
The Equal Protection Clause has been used to strike down numerous statutes applying to corporations in the late 19th and early 20th centuries. Since the New Deal, however, such invalidations have been rare. The Supreme Court has also relied on the Equal Protection Clause to strike down voting laws that were found to be malapportioned, as well as laws prohibiting interracial marriages.
The Equal Protection Clause is crucial to the protection of civil rights. When an individual believes that either the federal or state government has violated their guaranteed equal rights, they can bring a lawsuit against that governmental body for relief.
A Louisiana law that established a rebuttable presumption that any person systematically purchasing sugar in Louisiana at a price below that which he paid in any other state was a party to a monopoly or conspiracy in restraint of trade, was found to have violated the Equal Protection Clause. The law declared an individual presumptively guilty of a crime and exempted countless others paying the same price.
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Violation of First Amendment Rights
The First Amendment of the United States Constitution protects the right to freedom of religion and expression from government interference. It prohibits laws that establish a national religion, impede religious practice, abridge freedom of speech, infringe upon freedom of the press, interfere with the right to peaceably assemble, or prohibit people from petitioning the government for a redress of grievances.
The Establishment Clause enforces the "separation of church and state," barring the government from establishing an official religion or favouring one religion over another. The Free Exercise Clause prohibits government interference in an individual's religious practice. The First Amendment also guarantees freedom of speech, encompassing both direct and symbolic expression. This includes the right to freedom of the press, allowing individuals to express themselves through publication and dissemination.
The right to assemble allows people to gather for peaceful and lawful purposes, including the implicit right to association and belief. However, it does not include a right to social association, and the government may prohibit associations with groups promoting illegal activities. The right to petition guarantees individuals the right to seek relief from the government for wrongs through litigation or other actions.
Despite the First Amendment protections, violations of these rights occur frequently. For example, individuals may face retaliation from the government for exercising their freedom of speech or religion. In one case, a police chief faced retaliation after reporting illegal race discrimination by the mayor to the Equal Employment Opportunity Commission. Additionally, the First Amendment only applies to governmental action, not private employers, private companies, or individuals, unless they act in concert with government actors.
To address violations of First Amendment rights, individuals can seek legal remedies through litigation. This may include pursuing money damages for emotional harm and punitive damages resulting from retaliation and trauma.
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Frequently asked questions
A law is deemed unconstitutional if it goes against or conflicts with the provisions of the State or Federal Constitution.
The judiciary has the power to declare a law unconstitutional.
In the case of United States v. Brown, 381 U.S. 437 (1965), a provision of the Labor-Management Reporting and Disclosure Act of 1959 was deemed unconstitutional. The provision made it illegal for a member of the Communist Party to serve as an officer or employee of a labor union, with the exception of clerical or custodial positions.
