Keith Mack
In the United States, the Supreme Court has the power to strike down laws as unconstitutional. This power was first asserted in 1803 in the case of Marbury v. Madison, which held that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of their sworn oath of office to uphold the Constitution. Since then, the Supreme Court has held numerous state laws and Acts of Congress unconstitutional, either in whole or in part, on various grounds, including violation of the First Amendment, infringement of state authority, and conflict with federal law. State courts have also played a role in judicial review, with notable cases including Commonwealth v. Caton (Virginia, 1782) and Rutgers v. Waddington (New York, 1784).
| Characteristics | Values |
|---|---|
| Court | Supreme Court |
| Year of Decision | 1803 |
| Case | Marbury v. Madison |
| Decision | To strike down an act of Congress as unconstitutional |
| Basis | Article VI of the Constitution |
| Number of Acts of the U.S. Congress held unconstitutional by the Supreme Court | 176 |
| Number of laws held unconstitutional in whole or in part by the Supreme Court (1960-2019) | 483 |
| State Laws | Alabama statute authorizing the redemption of mortgaged property |
| South Dakota law that made railroads liable for double damages | |
| Oklahoma law that prohibited foreign corporations from invoking the diversity of citizenship jurisdiction of federal courts | |
| Maryland oyster inspection tax of 1910 |
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What You'll Learn
State laws deemed unconstitutional
State laws in the United States deemed unconstitutional by the Supreme Court are categorized into three parts:
- Cases holding state constitutional or statutory provisions unconstitutional
- Cases holding local laws unconstitutional
- Cases holding that state or local laws are preempted by federal law
State laws held to be preempted by federal law are considered void not because they violate any provision of the Constitution but because they conflict with a federal statute or treaty, and through the operation of the Supremacy Clause.
- A Washington law that imposed excessive charges on oil products brought into the state, amounting to an invalid burden on interstate commerce.
- A Tennessee act that made the annual tax for the privilege of doing railway construction work dependent on whether the person taxed had their main office in the state, violating the Privilege and Immunities Clause of Article IV, § 2.
- A South Dakota law that made railroads liable for double damages in case of failure to pay a claim within 60 days, which was deemed arbitrary and deprived carriers of property without due process of law.
- An Alabama statute authorizing the redemption of mortgaged property within two years of a foreclosure decree by bona fide creditors of the mortgagor, which was deemed an unconstitutional impairment of the obligation of contracts under Article I, § 10.
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Federal review of state court decisions
The US Supreme Court has the authority to review state court decisions, particularly those involving the interpretation of federal law, the Constitution, or federal treaties. This power is derived from Section 25 of the Judiciary Act of 1789 and is currently authorized by 28 U.S.C. § 1257.
The Supreme Court's ability to review state court decisions is based on the partitioning of power between state and federal judicial systems and the limitations of their respective jurisdictions. When reviewing state court judgments, the Supreme Court must consider two interrelated questions: whether the judgment is based on a nonfederal ground, and whether that nonfederal ground is adequate to support the judgment.
In Michigan v. Long (1983), the Court established a presumption that when a state court decision appears to be based on federal law, and the adequacy and independence of any state law ground are unclear, it is assumed that the state court believed federal law required its decision. To avoid this presumption, the state court must explicitly state that federal law did not compel its decision and that state law was the determining factor.
The Supreme Court has reviewed and invalidated state laws that conflict with the US Constitution or federal statutes. For example, in Bank Tax Case (1865), the Supreme Court held that a New York law taxing banks' capital, including the value of their US securities, was invalid as it effectively taxed the securities of the US government. Similarly, in Bailey v. Drexel Furniture Co. (Child Labor Tax Case, 1922), the Supreme Court ruled that the Child Labor Tax Act exceeded the taxing power under Article I, § 8, clause 1, and infringed on state authority.
The Supreme Court has also reviewed state court decisions involving federal laws. In Bartnicki v. Vopper (2001), the Court held that a federal prohibition on disclosing illegally intercepted electronic communications violated the First Amendment when applied to individuals who played no part in the illegal interception but lawfully obtained the recordings. This decision balanced the government's interest in protecting private communications with the public's interest in matters of public importance.
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The Supreme Court's role in upholding the Constitution
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It plays a crucial role in upholding the Constitution and ensuring that the government operates within its constitutional limits. The Court has the power of judicial review, which allows it to examine the actions of the legislative and executive branches and determine their constitutionality. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted its authority to invalidate a statute that violates the Constitution.
One of the primary roles of the Supreme Court is to interpret the Constitution and determine when a right is protected by it or when a Constitutional right has been violated. This interpretation power gives the Court the ability to strike down laws or acts that are found to be unconstitutional. For example, the Court has ruled on cases involving the segregation of public schools, equal protection under the law, and the privacy rights of individuals. In doing so, the Court ensures that the government respects the civil rights and liberties guaranteed by the Constitution.
The Supreme Court also has original jurisdiction over a narrow range of cases, including those involving ambassadors, public ministers, and consuls, as well as cases in which a state is a party. It has appellate jurisdiction over almost all other cases that involve questions of constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases. The Court receives thousands of petitions for writs of certiorari each year but only grants a small fraction of them.
In addition to its judicial duties, the Supreme Court also has the responsibility of safeguarding the Constitution and the rights it guarantees. This includes protecting against the infringement of Constitutional rights by state laws or actions. Before the passage of the Fourteenth Amendment, the Bill of Rights only applied to the federal government. However, after the Amendment, the Supreme Court ruled that most of its provisions also applied to the states, thereby expanding its role in protecting Constitutional rights at the state level.
While the Supreme Court plays a vital role in upholding the Constitution, it has also faced criticism for allegedly giving the federal government too much power to interfere with state authority. Some argue that the Court has allowed the federal government to misuse the Commerce Clause by upholding legislation that has little to do with interstate commerce. Nonetheless, the Supreme Court remains a critical component of the constitutional system of government, providing a check on the powers of the legislative and executive branches and ensuring that the rights and liberties of the people are protected.
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Unconstitutionality as grounds to strike down federal statute
Unconstitutionality is the only ground for a federal court to strike down a federal statute in the United States. Justice Washington, speaking for the Marshall Court in 1829, stated that unless a statute is repugnant to the Constitution of the United States, a federal court has no authority to re-examine and reverse the judgement of a supreme court.
If a state statute conflicts with a valid federal statute, courts may strike down the state statute as an unlawful violation of the Supremacy Clause. However, a federal court may not strike down a statute unless there is a violation of federal law or of the federal Constitution. A mere suspicion or possibility of unconstitutionality is insufficient for American courts to strike down a statute.
The principle that federal statutes can only be struck down for unconstitutionality was a common view at the time of the framing of the Constitution. Alexander Hamilton explained in Federalist 78 that the standard of review should be an "irreconcilable variance" with the Constitution. Anti-federalists agreed that courts would be unable to strike down federal statutes unless there was a conflict with the Constitution.
While judges typically adhered to the principle that a statute could only be deemed unconstitutional in the case of a clear contradiction until the twentieth century, this presumption weakened during that century. For example, in United States v. Carolene Products Co. (1938), the Supreme Court suggested that statutes may be subjected to closer scrutiny in certain cases. Nevertheless, federal courts have not departed from the principle that courts may only strike down statutes for unconstitutionality.
In practice, this means that a court cannot strike down a statute, even if it is poorly drafted, irrational, or arises from corrupt motives, unless the flaw in the statute rises to the level of a clear constitutional violation.
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The impact of Supreme Court decisions on society
The United States Supreme Court is the highest judicial body in the country, and its decisions have a profound impact on society. The Court's rulings shape the nation's social, political, and economic landscape, often addressing contentious issues that divide public opinion. For example, the Supreme Court has weighed in on issues like same-sex marriage, abortion, healthcare, voting rights, and free speech. These decisions can change the course of history and have long-lasting effects on the lives of Americans.
One of the most significant powers of the Supreme Court is judicial review, which allows it to declare acts of Congress or the Executive Branch unconstitutional. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court asserted its authority to interpret the Constitution and strike down laws that violate it. This case set a precedent for the Court's ability to act as a check and balance on the other branches of government, ensuring that they do not overstep their constitutional boundaries.
The Supreme Court's decisions can have far-reaching consequences for individual rights and liberties. For instance, in Bartnicki v. Vopper (2001), the Court ruled in favor of free speech and press freedoms, holding that the disclosure of illegally intercepted communications about a matter of public concern was protected by the First Amendment. This decision balanced the government's interest in protecting private communications with the public's right to information.
In other cases, the Supreme Court's rulings can shape public policy and government action. For example, the Court has influenced economic policy-making, as seen in the Child Labor Tax Case (Bailey v. Drexel Furniture Co., 1922), where it struck down a tax on businesses employing children under 14, finding it exceeded congressional taxing power. Similarly, the Court's decisions on political gerrymandering and the census have had significant implications for democratic representation and the distribution of power across states.
The impact of Supreme Court decisions extends beyond the legal realm and into the daily lives of Americans. While the Court may seem distant from everyday concerns, its rulings can determine what health services individuals receive and how they are paid for. The Court's interpretations of the Constitution and federal law guide the actions of lower courts and administrative agencies, influencing how laws are implemented and enforced at the state and local levels.
In conclusion, the decisions of the Supreme Court are integral to the functioning of American society. They shape the understanding and application of the Constitution, protect individual rights, and guide policy-making at the federal, state, and local levels. While the Court's rulings can be complex and contentious, they are a critical component of the nation's democratic fabric, ensuring that the laws of the land align with the principles and values enshrined in the Constitution.
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Frequently asked questions
The Supreme Court has the jurisdiction to hear cases that involve a point of constitutional law. The Court's power of judicial review allows it to declare a Legislative or Executive act in violation of the Constitution.
Some examples of state laws that have been deemed unconstitutional include:
- A South Dakota law that made railroads liable for double damages if they failed to pay a claim within 60 days, which was deemed to deprive the carriers of property without due process of law.
- An Oklahoma law that prohibited foreign corporations from invoking the diversity of citizenship jurisdiction of federal courts, which was deemed to impose an unconstitutional condition.
- An 1863 New York law that taxed the securities of the United States, which was held invalid as it conflicted with federal law.
The Supreme Court's decisions have a profound impact on society, including students. For example, in the Tinker v. Des Moines Independent School District case (1969), the Court held that students could not be punished for wearing black armbands to school to protest the Vietnam War, asserting that "students do not shed their rights at the schoolhouse gate."
In 1803, Marbury v. Madison was the first case in which the Supreme Court asserted its authority to strike down a law as unconstitutional. The case arose when William Marbury filed a lawsuit seeking an order requiring the Secretary of State, James Madison, to deliver a commission appointing him as a justice of the peace. The Court held that an Act of Congress that is contrary to the Constitution could not stand.
