Keith Mack
In constitutional law, constitutionality is the condition of acting in accordance with an applicable constitution. When two laws contradict each other, one or both may be deemed unconstitutional and void in whole or in part. This determination is typically made by a supreme court or constitutional court, which examines whether a law or government action violates the constitution. For example, in the United States, state laws that conflict with federal statutes are deemed void under the Supremacy Clause. Similarly, acts of Congress that violate the Constitution, such as infringing on First Amendment rights or impairing the obligation of contracts, have been ruled unconstitutional by the Supreme Court.
| Characteristics | Values |
|---|---|
| When two laws are in conflict | The law passed by the superior legislature will take precedence |
| When a law is in conflict with the constitution | The law is declared unconstitutional and void in whole or in part |
| Who decides if a law is unconstitutional | The Supreme Court or a special constitutional court |
| When a state law is preempted by federal law | The state law is void |
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What You'll Learn
- A court may declare a law unconstitutional
- A law may be unconstitutional if it conflicts with federal law
- A law may be unconstitutional if it impairs the obligation of contract
- A law may be unconstitutional if it violates individual rights
- A law may be unconstitutional if it violates the First Amendment
A court may declare a law unconstitutional
The determination of whether a law is unconstitutional is made by a court with the authority to rule on the validity of a statute. In some countries, any court may declare a law unconstitutional, while in others, only special constitutional courts have this power. The Supreme Court or Constitutional Court often serves as the final legal arbiter to render an opinion on the constitutionality of a law or government action.
When a law is found to be unconstitutional, it is typically declared void in whole or in part. This means that the conflicting portions of the law are invalidated, while the remaining portions may still be upheld. In the US, for instance, Acts of Congress have been held unconstitutional in whole or in part by the Supreme Court. An example is the case of *Bartnicki v. Vopper* (2001), where a federal prohibition on the disclosure of illegally intercepted electronic communications was deemed to violate the First Amendment.
Additionally, it is important to note that not all countries have a mechanism for challenging laws as unconstitutional. In some nations, the legislature can create any law for any purpose, and there is no provision for judicial review of its constitutionality.
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A law may be unconstitutional if it conflicts with federal law
A law may be deemed unconstitutional if it conflicts with federal law. This is because national constitutions typically apply only to government actions, and only governments can violate the constitution of a nation. In many jurisdictions, the final arbiter on whether a law is constitutional is the supreme court or constitutional court.
In the US, for example, state or local laws that are preempted by federal law are considered void, not because they contravene any provision of the Constitution, but because they conflict with a federal statute, treaty, or the Supremacy Clause. For instance, in the case of United States v. Peters (1809), a Pennsylvania statute prohibiting the execution of any process issued to enforce a certain sentence of a federal court was deemed unconstitutional.
Another example is the Religious Freedom Restoration Act, which was found to exceed congressional power under Section 5 of the Fourteenth Amendment in the case of City of Boerne v. Flores (1997). The act directed the use of the compelling interest test to determine the validity of laws of general applicability that substantially burden the free exercise of religion. However, the court found that Congress's power under Section 5 does not extend to defining the substance of the Amendment's restrictions, which the act appeared to do.
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A law may be unconstitutional if it impairs the obligation of contract
The Contract Clause of the US Constitution states that no state may pass a "Law impairing the Obligation of Contracts". This means that a law may be deemed unconstitutional if it impairs the obligation of a contract. This clause applies to statutes, constitutional provisions, municipal ordinances, or administrative regulations with the force and operation of a statute.
The protection of contracts against impairment assumes the existence of a stable government that upholds contractual relations and maintains peace and order in society. This principle has been progressively recognized in court decisions. The term "contracts" in the Contract Clause refers to an agreement between two parties. It does not protect vested rights that are not based on such an agreement.
The Contract Clause does not prevent the state from exercising powers that promote the common good, even if it affects previously made contracts between individuals. However, the state may reserve the right to amend, alter, or repeal corporate charters, and such reservations become part of the contract, with the obligation not being impaired by the exercise of this right.
There have been several cases where laws have been deemed unconstitutional due to their impairment of contractual obligations. For example, in Detroit United Ry. v. Michigan (1916), a Wisconsin law that revoked the license of any foreign corporation that moved to a federal court was deemed to impose an unconstitutional condition. In another case, an 1851 Ohio law that levied a bank tax at a higher rate than specified in the bank's charter was deemed invalid as it impaired the obligation of contract.
In summary, a law that impairs the obligation of contract may be deemed unconstitutional under the Contract Clause. This clause protects agreements between parties while also allowing the state to exercise its powers for the promotion of the common good.
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A law may be unconstitutional if it violates individual rights
A law may be deemed unconstitutional if it violates the individual rights of citizens. The United States Constitution is founded on the principle of protecting the rights of its citizens, and any law that infringes upon these rights can be challenged and struck down.
One example of this is the case of Bartnicki v. Vopper (2001), where a federal prohibition on the disclosure of illegally intercepted electronic communication was found to violate the First Amendment rights of a talk show host and a community activist who had played no part in the illegal interception. The Court balanced the individual's right to privacy with the public's right to information and held that "privacy concerns give way when balanced against the interest in publishing matters of public importance."
Another instance is seen in the case of Stern v. Marshall (2011), where the Court held that a counterclaim of tortious interference with a gift during a bankruptcy proceeding was a state common-law claim that did not fall under any public rights exceptions allowing for the exercise of Article III jurisdiction. This upheld the individual's right to due process and property.
State laws can also be deemed unconstitutional if they violate the rights of citizens. For example, in the case of United States v. Peters (1809), a Pennsylvania statute prohibiting the execution of any process issued to enforce a federal court sentence was found to be without legal foundation as it attempted to annul the judgment of a US court and destroy rights acquired under it. Similarly, an Oklahoma grandfather clause in the 1910 constitution, which automatically enfranchised descendants of those entitled to vote as of 1866, was deemed unconstitutional as it violated the Fifteenth Amendment's protection against the discriminatory denial of the right to vote based on race.
In summary, laws at both the federal and state levels that infringe upon the rights guaranteed to citizens by the Constitution can be deemed unconstitutional and struck down by the Supreme Court. This system of checks and balances ensures that the rights of individuals are protected and upheld.
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A law may be unconstitutional if it violates the First Amendment
A law may be deemed unconstitutional if it violates the First Amendment. The First Amendment protects freedom of speech, freedom of religion, freedom of the press, the right to assemble, and the right to petition the government. If a law infringes on any of these rights, it may be considered unconstitutional.
In the case of Bartnicki v. Vopper (2001), a federal prohibition on the disclosure of illegally intercepted electronic communications was found to violate the First Amendment. The case involved a talk show host and a community activist who had lawfully obtained tapes of an illegally intercepted cellular phone conversation pertaining to a threat of violence in a labor dispute. The Court ruled that while the government has an important interest in protecting private communication, in this case, the disclosure was a matter of public concern and the First Amendment rights of the individuals took precedence.
Another example is the Postal Services and Federal Employees Salary Act of 1962, which authorized the Post Office Department to detain material determined to be "communist political propaganda" and only release it to the addressee upon request. In Lamont v. Postmaster General (1965), this provision was held to impose an affirmative obligation on the addressee that abridged their First Amendment rights.
The Religious Freedom Restoration Act (RFRA) is another example of legislation found to be unconstitutional due to its overreach in defining the substance of the Fourteenth Amendment's restrictions. In City of Boerne v. Flores (1997), the Court ruled that Congress's power under Section 5 of the Fourteenth Amendment to "enforce" the amendment by "appropriate legislation" does not extend to interpreting the substance of its restrictions. The RFRA was deemed to be "so far out of proportion" to its intended purpose that it could not be justified as a response to unconstitutional behavior.
Additionally, certain tax laws that require the registration of firearms with the Treasury Department have been found to violate the Fifth Amendment's privilege against self-incrimination. In Haynes v. United States (1968), the Court ruled that these provisions may not be used to prosecute individuals for failing to register or for possessing an unregistered firearm, as it infringes on their constitutional rights.
In summary, a law that infringes on the freedoms guaranteed by the First Amendment or other constitutional amendments may be deemed unconstitutional by the courts. The courts carefully weigh the government's interests against the protection of individual rights, often resulting in laws being struck down to uphold the Constitution.
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