Cameron Miranda
When a law is found to be unconstitutional, it is typically because it violates one or more provisions of the constitution. In such cases, the law may be declared invalid or void, and it may no longer be enforceable. In the United States, for example, state or local laws that are found to be unconstitutional are often preempted by federal law, meaning they are overridden or superseded by federal statutes or treaties. This can occur when state laws conflict with the Constitution or federal laws, as seen in cases such as United States v. Peters (1809) and Almy v. California (1861). Similarly, acts of Congress can also be held unconstitutional if they violate the Constitution, as demonstrated in United States v. Brown (1965) and Bartnicki v. Vopper (2001). In these instances, the Supreme Court plays a crucial role in interpreting the Constitution and ensuring that laws at any level of government adhere to its provisions.
| Characteristics | Values |
|---|---|
| State or local laws conflicting with federal statute or treaty | Void |
| State law prohibiting execution of process issued to enforce federal court sentence | Unconstitutional |
| State law annulling judgment of US court | Unconstitutional |
| State law imposing tax on notes issued by US bank | Unconstitutional |
| State law altering charter of private corporation | Unconstitutional |
| State insolvency law discharging debtor from prior obligations | Unconstitutional |
| State tax on exports | Unconstitutional |
| State law authorizing redemption of mortgaged property | Unconstitutional |
| Federal prohibition on disclosure of illegally intercepted communication | Unconstitutional |
| Act authorizing detention of "communist propaganda" | Unconstitutional |
| Act requiring choice between two coercive regulatory techniques | Unconstitutional |
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What You'll Learn
Declare the law void
When a law is found to be unconstitutional, it is typically rendered void and unenforceable. This means that the law is treated as though it never existed and cannot be used to regulate behaviour or impose penalties. In the United States, for example, the Supreme Court has the power to review the constitutionality of laws and will declare them void if they violate the Constitution. This process is known as "striking down" a law and has been used in numerous cases to protect individual rights and maintain the separation of powers.
For instance, in United States v. Peters (1809), a Pennsylvania statute that conflicted with federal court jurisdiction was declared void by the Supreme Court. Similarly, in Dartmouth College v. Woodward (1819), a New Hampshire law that altered a charter granted by the British Crown was found to violate the Contracts Clause of the Constitution and was therefore declared void.
State laws that are found to be preempted by federal law are also considered void. This occurs when a state law conflicts with a federal statute, treaty, or the Supremacy Clause of the U.S. Constitution. For example, a Maryland oyster inspection tax from 1910 was found to impose an excessive burden on interstate commerce and was thus void.
In some cases, laws may be found to be unconstitutional due to a violation of individual rights. This includes situations where laws deprive individuals of property without due process or infringe on free speech protections. For instance, in Bartnicki v. Vopper (2001), the Supreme Court held that a federal prohibition on the disclosure of illegally intercepted electronic communications violated the First Amendment when the subject matter of the conversation was a matter of public concern.
Additionally, laws that create impermissibly coercive choices or violate the separation of powers may also be declared void. An example is New York v. United States (1992), where a portion of the Balanced Budget and Emergency Deficit Control Act was found to violate the constitutional separation of powers by giving the Comptroller General, a congressional appointee, a role in executing the laws.
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Amend the law
Amending a law typically begins with a bill being placed on the senate calendar. Amendments can be offered at two points: in committee or on the floor. Amendments are usually drafted well in advance of the bill being considered. Committees will schedule a hearing to amend and vote on a bill, which is known as a markup. All amendments must be submitted to the Committee Chair in advance, usually a few days prior to the hearing. The day before the hearing, the chair will post all the submitted amendments. Staff and sometimes members will then read and evaluate the amendments and their potential impact on the bill. The first amendment is typically the Manager's Amendment—the Manager of the Bill is its sponsor, or if the sponsor isn't on the committee, the first person from the sponsor's party on the committee to cosponsor the bill.
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Overturn previous convictions
When a law is found to be unconstitutional, previous convictions under that law can be challenged and potentially overturned. Here are some ways to approach overturning a conviction based on an unconstitutional law:
Direct Appeal
A direct appeal is the most common way to overturn a conviction. Within 30 days of sentencing (or 90 days if a motion for a new trial was filed), a lawyer can file a notice of appeal. They will prepare a legal brief arguing that there was an error in the trial that should lead to the conviction being overturned. The appeal will be decided by a panel of three judges who will consider if there was a violation of the law or constitution that could have impacted the guilty verdict.
Motion for a New Trial
A motion for a new trial must be filed within 30 days of sentencing, and is typically done by the lawyer who represented the defendant during the trial. This motion alleges that a specific type of error or misconduct occurred that warrants throwing out the verdict and starting anew. The grounds for granting a new trial are limited and include juror misconduct, incorrect jury instructions, or withholding of exculpatory evidence.
Writ of Habeas Corpus
A writ of habeas corpus can be filed after the direct appeal process is complete. This is often used to argue ineffective assistance of counsel, claiming that the trial lawyer failed to take necessary actions that a competent lawyer would have, thereby increasing the likelihood of a guilty verdict. It can also be used to challenge guilty pleas, which typically include a waiver of direct appeal.
Challenging the Constitutionality of the Law
If the conviction was based on a law that is later found to be unconstitutional, this can be grounds for appeal or a motion for a new trial. In the case of Lawrence v. Texas, for example, the Supreme Court ruled that laws criminalizing homosexual behavior were unconstitutional, and as a result, individuals convicted under those laws could no longer be imprisoned for their actions.
Extraordinary Cases and Collateral Attacks
In rare cases, a conviction that does not meet the standards of current law may be raised in a post-decision collateral attack. This could include situations with due process concerns that cast significant doubt on the validity of the conviction. However, even if the conviction is set aside, it does not pose a double jeopardy bar against a new prosecution for the same crime that meets the appropriate procedural standards.
It's important to note that the process of overturning convictions under unconstitutional laws can be complex, and the success of such efforts may depend on various factors, including the specific circumstances of the case, the jurisdiction, and the nature of the law in question.
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Challenge the law in court
Challenging a law in court can be a complex process, and it is recommended to seek professional assistance from a constitutional lawyer. The process starts with filing a complaint in federal court, where the plaintiff must clearly identify the statute being challenged and explain how it infringes on their constitutional rights. This is referred to as "standing", and it is mandated by the courts—plaintiffs must show that they are personally affected by the law and have suffered actual or imminent harm.
The next step is to gather solid evidence and expert testimony to support your argument. This can include constitutional provisions, court precedents, and legal scholars' opinions. It is crucial to identify the correct defendant, which is typically the government entity or official responsible for enforcing the statute. For example, if challenging a state law, the defendant could be the governor or state attorney general, while for a federal law, it could be a federal agency or official.
Once the case is filed, the court must certify the constitutional challenge to the appropriate attorney general, who then has the right to intervene. The attorney general has 60 days to intervene after the notice is filed or the court certifies the challenge, whichever is earlier. The court may reject the constitutional challenge at any time but cannot enter a final judgment holding the statute unconstitutional before the time set to intervene expires.
It is important to note that challenging a law as unconstitutional is a significant undertaking, and courts may dismiss cases that do not meet the criteria of "standing" and "ripeness". Plaintiffs must demonstrate personal harm and ensure that the harm is not hypothetical or speculative. If a law has not been enforced or its effects are unclear, the court may dismiss the case.
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Appeal to higher courts
When a law is found to be unconstitutional, one course of action is to appeal to higher courts. The Supreme Court, as the highest court in the United States, can hear cases on appeal that involve a point of constitutional or federal law. This is known as the Court's appellate jurisdiction, and it allows the Court to review cases and determine if a law violates the Constitution.
The Certiorari Act of 1925 gives the Supreme Court the discretion to decide whether or not to hear a case on appeal. A party can petition the Court to review its case by filing a writ of certiorari. The Supreme Court agrees to hear a small percentage of the thousands of cases it is asked to review each year.
The power of judicial review, held by the Supreme Court, enables it to declare a Legislative or Executive act in violation of the Constitution. This power allows the Court to strike down laws that are found to be unconstitutional and protect civil rights and liberties. The Court's decisions have a significant impact on society, ensuring that the changing views of the majority do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law.
The Supreme Court's authority to review and strike down laws that violate the Constitution is well-established. In subsequent cases after the Judiciary Act of 1789, the Court affirmed its power to issue writs of mandamus and established its authority to strike down state laws that are in violation of the Constitution. The Court's interpretation of Article VI of the Constitution, which establishes the Constitution as the supreme law of the land, further solidified its role in upholding the Constitution's supremacy.
Appealing to higher courts, specifically the Supreme Court, is a crucial mechanism for addressing laws found to be unconstitutional. Through its appellate jurisdiction and power of judicial review, the Court plays a vital role in safeguarding constitutional rights and ensuring that all branches of government operate within their designated powers.
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Frequently asked questions
State laws that are deemed unconstitutional are considered void. This is often due to a conflict with a federal statute or treaty, as per the Supremacy Clause.
Yes, in the case of *United States v. Peters* (1809), a Pennsylvania statute that prohibited the execution of any process issued to enforce a federal court's sentence was found to be unconstitutional as it attempted to annul the judgment of a US court.
The Supreme Court of the United States can hold Acts of Congress, or parts of them, to be unconstitutional. For example, in *Lamont v. Postmaster General* (1965), a provision of the Postal Services and Federal Employees Salary Act of 1962 was deemed to abridge First Amendment rights.
In such cases, state laws are typically preempted by federal law and are deemed void. This is due to the Supremacy Clause, which establishes federal law as supreme over state law in cases of conflict.
A law that impairs the obligation of contracts is often deemed unconstitutional. For example, in *Farmers' and Mechanics' Bank v. Smith* (1821), a Pennsylvania insolvency law that purported to discharge a debtor from prior obligations was found to violate the Contracts Clause.
