Cameron Miranda
The Marbury v. Madison case of 1803 was the first time the Supreme Court deemed a law unconstitutional. The case established the right of the courts to determine the constitutionality of the actions of the other two branches of government. It also established the principle of judicial review, which was not previously defined in the Constitution. The decision in this case set a precedent for the Supreme Court to have the final say on what constitutes the supreme law of the land.
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What You'll Learn
- The Civil Rights Act of 1875 was deemed unconstitutional
- Louisiana's sugar monopoly law violated the Fourteenth Amendment
- The Postal Services Act of 1962 breached First Amendment rights
- The Labor-Management Reporting Act of 1959 was a bill of attainder
- The Balanced Budget Act of 1985 violated the separation of powers
The Civil Rights Act of 1875 was deemed unconstitutional
The Civil Rights Act of 1875 was a landmark piece of legislation in the United States, guaranteeing African Americans equal rights in public accommodations, public transportation, and jury service. The Act was passed by Congress and signed into law by President Ulysses S. Grant on March 1, 1875.
The Civil Rights Act of 1875 was introduced by Senator Charles Sumner of Massachusetts in 1870 as an amendment to a general amnesty bill for former Confederates. Sumner, a dominant Radical Republican in the Senate, had made securing civil rights his life's work. Unfortunately, he did not live to see the bill's passage, as he died in 1874. The Act was passed shortly after his death and was seen as a memorial to him.
The Act was designed to "protect all citizens in their civil and legal rights" and affirmed the "equality of all men before the law." It prohibited racial discrimination in public places and facilities, such as restaurants, inns, public transportation, and theatres. It also made it a crime for anyone to facilitate the denial of such accommodations or services on the basis of colour, race, or "previous condition of servitude."
However, the Act was not effectively enforced. President Grant favoured different measures to suppress election-related violence against African Americans and Republicans in the South. His administration did not enforce the law, and many federal judges called it unconstitutional before the Supreme Court officially declared it so in 1883. The Supreme Court held that while the Equal Protection Clause within the Fourteenth Amendment prohibits discrimination by state and local governments, it does not give the federal government the power to prohibit discrimination by private individuals and organizations.
Despite the Act being deemed unconstitutional, it was not forgotten. Provisions of the Civil Rights Act of 1875 were later re-adopted in the Civil Rights Acts of 1964 and 1968, which relied on the Commerce Clause of the Constitution rather than the Equal Protection Clause as the source of Congress's power to regulate private actors.
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Louisiana's sugar monopoly law violated the Fourteenth Amendment
In 1916, the Supreme Court of the United States ruled that Louisiana's sugar monopoly law, Act No. 10 of the Extra Session of the General Assembly of Louisiana for 1915, was unconstitutional under the equal protection and due process provisions of the Fourteenth Amendment. The case was titled McFarland v. American Sugar Refining Co. and was decided on April 24, 1916.
The sugar monopoly law in question related to the business of refining sugar and established a rebuttable presumption that any person or entity systematically paying a lower price for sugar in Louisiana than in any other state was a party to a monopoly or conspiracy in restraint of trade. This meant that if a refiner was found to be paying a lower price for sugar in Louisiana than in other states, they would be presumed to be engaging in anticompetitive behaviour.
The specific provision of the law that was challenged in the case was Section 7, which stated that:
> "any person engaged in the business of refining sugar within this state who shall systematically pay in Louisiana a less price for sugar than he pays in any other state shall be prima facie presumed to be a party to a monopoly or combination or conspiracy in restraint of trade and commerce, and upon conviction thereof shall be subject to a fine of five hundred dollars a day for the period during which he is adjudged to have done so."
The law also stipulated that, in addition to the fine, the refiner's license to do business in the state would be revoked, and any foreign corporation would be ousted from the state and its property sold. If irreparable injury to the public interest was demonstrated, the court could appoint a receiver at any stage of the proceedings.
The Supreme Court held that the classification created by the law was so arbitrary that it was beyond possible justice and that the presumptions created had no foundation except on intent to destroy. The Court affirmed that while the legislature has the power to establish presumptions and shift the burden of proof, there must be a rational connection between the fact proved and the ultimate fact presumed. In this case, the Court found that the Louisiana sugar monopoly law went beyond the legislature's authority by effectively declaring individuals or entities guilty, or presumptively guilty, of a crime without a proper legal basis.
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The Postal Services Act of 1962 breached First Amendment rights
The Postal Services and Federal Employees Salary Act of 1962, also known as the Postal Service Salary Act, was deemed unconstitutional by the Supreme Court in 1965 in the case of Lamont v. Postmaster General.
The Act authorized the Post Office Department to detain any material deemed to be "communist political propaganda" and required that such material be forwarded to the addressee only if they requested it after being notified by the Department. If the addressee did not request the material, it was to be destroyed. This imposed an affirmative obligation on the addressee, which was deemed to abridge their First Amendment rights.
The Supreme Court ruled that the Act imposed unconstitutional limitations on the addressee's First Amendment rights, specifically the freedom to receive information. The Court observed that while Congress was not constitutionally required to operate a postal system, since it chose to do so, it must remain within constitutional bounds.
In striking down Section 305 of the Act, the Court addressed Congressional attempts to use its postal powers to influence other areas of law. The ruling clarified that the Postal Clause does not grant Congress expansive postal powers and that any laws or regulations regarding the postal system must adhere to constitutional protections, including the First Amendment.
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The Labor-Management Reporting Act of 1959 was a bill of attainder
The Labor-Management Reporting and Disclosure Act of 1959 was enacted following revelations of corruption and undemocratic practices in several unions, including the International Brotherhood of Teamsters and the United Mine Workers. The Act aimed to address these issues by requiring unions to hold secret elections for local union offices, which would be reviewed by the Department of Labor, and by providing union members with a Bill of Rights. This Bill of Rights guaranteed union members equal rights and privileges, including the right to a secret ballot on certain issues, freedom of speech, and the periodic election of officers.
However, one controversial aspect of the Act was its provision that made it a crime for a member of the Communist Party to serve as an officer or employee of a labor union. This provision was later challenged in the case of United States v. Brown (1965). The Supreme Court held that this provision was unconstitutional as it imposed criminal sanctions on individuals based on their political affiliation, constituting a bill of attainder.
In the context of the Labor-Management Reporting and Disclosure Act of 1959, a bill of attainder refers to a legislative act that imposes punishment on a specific individual or group without a judicial trial. In this case, the Act targeted members of the Communist Party by prohibiting them from holding certain positions within labor unions. This provision was found to violate the constitutional rights of those individuals by depriving them of their liberty or property without due process of law.
The Supreme Court's decision in United States v. Brown affirmed the principle that legislative bodies cannot enact bills of attainder to target specific individuals or groups. This ruling helped to uphold the separation of powers and protect the rights of citizens against arbitrary legislative action. The case also highlighted the importance of judicial review in ensuring that laws enacted by Congress are consistent with the Constitution and uphold the rights and liberties it guarantees.
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The Balanced Budget Act of 1985 violated the separation of powers
The first law to be declared unconstitutional in the United States was the Act of October 11, 1962, which was part of the Postal Services and Federal Employees Salary Act of 1962. This law allowed the Post Office Department to withhold "communist political propaganda" and only deliver it if the addressee requested it after being notified. The Supreme Court ruled that this imposed an "affirmative obligation" on the addressee, infringing on their First Amendment rights.
Now, onto the topic you've requested: "The Balanced Budget Act of 1985 violated the separation of powers."
The Balanced Budget and Emergency Deficit Control Act of 1985, also known as the Gramm-Rudman-Hollings amendment, was enacted by Congress to address the issue of rising budget deficits. The Act established "maximum deficit amounts" and mandated cuts to reduce governmental overspending. While this legislation was intended to curb deficit spending, it faced serious constitutional challenges.
One of the key issues with the Balanced Budget Act of 1985 was its violation of the separation of powers principle enshrined in the Constitution. The Act gave significant roles to the Director of the Congressional Budget Office and the Comptroller General, who are agents of Congress, in executing the law's provisions. This infringed upon the executive branch's exclusive authority to carry out such functions.
In July 1986, in the case of Bowsher v. Synar, the Supreme Court ruled that the provision of the Gramm-Rudman-Hollings Act that vested certain powers in the General Accounting Office (now the Government Accountability Office) violated the separation of powers doctrine. The Court held that it was unconstitutional for Congress to delegate executive powers to a congressional entity, reinforcing the fundamental principle of the separation of powers.
President Ronald Reagan, who signed the bill into law, acknowledged the constitutional concerns surrounding the Act. In his statement, Reagan expressed hope that the constitutional issues would be swiftly addressed while also recognising the importance of deficit reduction. The subsequent Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 rectified the constitutional issues by transferring sequester responsibilities to the Office of Management and Budget (OMB).
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Frequently asked questions
The Civil Rights Act of 1875 was the first law to be declared unconstitutional by the US Supreme Court in 1883.
The Act aimed to forbid discrimination in hotels, trains, and other public spaces.
The US Supreme Court ruled that the Act was not authorised by the 13th or 14th Amendments of the Constitution.
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