Cecily Zamora
The United States Constitution is the nation's fundamental law, codifying the core values of the American people. The federal courts are responsible for interpreting the Constitution's meaning, as well as the meaning of any laws passed by Congress. If a law passed by Congress conflicts with the Constitution, the Constitution takes precedence. This is known as the Supremacy Clause, which establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the supreme Law of the Land. This means that federal laws and treaties must be within the parameters of the Constitution and not violate constitutional limits on federal power, such as the Bill of Rights. For example, the Texas act of 1914, which stipulated that only those who had previously served as freight train conductors or brakemen could serve as railroad train conductors, was found to be arbitrary and a denial of equal protection of the laws. Similarly, in United States v. Harris (1883), a provision of the Revised Statutes of the District of Columbia was held invalid as it was not directed at state action proscribed by the Fourteenth Amendment.
| Characteristics | Values |
|---|---|
| Conflict with the Supremacy Clause | Federal laws and treaties take priority over state laws and constitutions. |
| Violation of Due Process | Procedural due process is required for the enforcement of law. |
| Violation of Equal Protection | Laws should not deprive individuals of equal protection. |
| Violation of Fundamental Rights | The Bill of Rights protects freedom of religion, speech, equal treatment, and due process of law. |
| Violation of Constitutional Limits on Federal Power | Federal statutes and treaties must not violate constitutional limits, such as the Tenth Amendment. |
| Inconsistent with Constitutional Amendments | Laws must not conflict with Constitutional Amendments, such as Article V. |
| Arbitrariness | Laws should not be arbitrary or vague, as this violates due process. |
| Impairment of Contracts | Laws should not impair the obligation of contracts. |
| Denial of Judicial Review | The denial of the opportunity for judicial review may violate due process. |
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What You'll Learn
State laws and the constitution
The U.S. Constitution is the nation's fundamental law, codifying the core values of the American people. The federal courts are responsible for interpreting the Constitution's meaning, as well as the meaning of any laws passed by Congress. If a law passed by Congress conflicts with the Constitution, the Constitution takes precedence.
The Supremacy Clause of the U.S. Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, are the "supreme Law of the Land". This means that they take priority over any conflicting state laws. Federal statutes and treaties must be within the parameters of the Constitution and must not violate constitutional limits on federal power, such as the Bill of Rights.
The Fourteenth Amendment's Due Process Clause has been interpreted to apply to legislative acts, which means that it places limits on the actions of both state and national governments. This has been used to challenge state laws on the grounds that they violate due process. For example, in Oklahoma Gin Co. v. Oklahoma (1920), an Oklahoma law that compelled litigants to disobey an order and invite serious penalties for each day of refusal pending the completion of a judicial appeal was found to violate due process.
State laws can also be found to be unconstitutional under the Supremacy Clause if they conflict with federal law or are an obstacle to the accomplishment of Congress's full purposes and objectives. For example, in Carondelet Canal Co. v. Louisiana (1914), a Louisiana law repealing a prior act and sequestering certain property was found to impair an obligation of contract.
Additionally, state laws that deny equal protection under the law have been found to be unconstitutional. For instance, in a 1914 case, a Texas act stipulating that only those who had previously served as freight train conductors or brakemen could serve as railroad train conductors was found to deny equal protection of the laws.
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Acts of Congress and the constitution
An act of Congress is a statute enacted by the United States Congress. Acts of Congress are designated as either public laws, relating to the general public, or private laws, relating to specific institutions or individuals. For a bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president, be left unsigned for ten days while Congress is in session, or receive a congressional override from two-thirds of both houses if vetoed by the president.
In the United States Constitution, if the president does not return a bill or resolution to Congress with objections before the time limit expires, the bill automatically becomes an act. However, if Congress is adjourned, the bill dies and cannot be reconsidered. If the president rejects a bill while Congress is in session, a two-thirds vote of both houses of Congress is needed for reconsideration.
Through the process of judicial review, an act of Congress that violates the Constitution may be declared unconstitutional by the courts. This declaration does not remove the act from the Statutes at Large or the United States Code but prevents its enforcement. The act is then marked with annotations in annotated codes and legal databases to indicate that it is no longer good law.
Several Acts of Congress have been held unconstitutional in whole or in part by the Supreme Court of the United States. For example, in United States v. Harris (1883), a section providing punishment for conspiracy to deprive individuals of equal protection of the laws was held invalid as it was not directed at state action proscribed by the Fourteenth Amendment. In Dickerson v. United States (2000), the Supreme Court held that a section of the Omnibus Crime Control and Safe Streets Act of 1968, which attempted to redefine a constitutional protection concerning the voluntariness of custodial interrogations, was invalid.
Other examples include the Provision of Higher Education Facilities Act of 1963, which effectively removed restrictions against the religious use of facilities constructed with federal funds after 20 years. This was held to violate the Establishment Clause of the First Amendment as the removal of the restriction would constitute a substantial governmental contribution to religion. The Metropolitan Washington Airports Act of 1986, which transferred operating control of two Washington, D.C., area airports from the Federal Government to a regional airports authority, was also held to violate separation of powers principles.
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The Supremacy Clause
The Supreme Court has played a pivotal role in interpreting and enforcing the Supremacy Clause. In a series of early 20th-century decisions, the Court laid the groundwork for the doctrine of field preemption, which asserts that federal legislation in certain areas implicitly prevents states from adopting conflicting laws on the same subject. This doctrine reinforces the sharp division between federal and state powers.
Overall, the Supremacy Clause is a cornerstone of the US federal political structure, ensuring the primacy of the Constitution and federal law over state laws and providing a framework for managing the dynamic between federal and state authorities.
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The Fourteenth Amendment
One of the most significant and frequently litigated phrases in the amendment is "equal protection of the laws." This clause has been central to numerous landmark cases, including Brown v. Board of Education, which challenged racial discrimination, Roe v. Wade on reproductive rights, Bush v. Gore involving election recounts, Reed v. Reed addressing gender discrimination, and University of California v. Bakke on racial quotas in education.
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The Fifth Amendment
> No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The Takings Clause is another important component of the Fifth Amendment. It allows the federal government to take private property only for public use and only if it provides "just compensation". In Lynch v. United States (1934), the Supreme Court held that an act repealing war risk insurance was invalid as it abrogated an outstanding contract of insurance, which was a vested right protected by the Fifth Amendment.
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Frequently asked questions
The U.S. Constitution is the nation's fundamental law. It codifies the core values of the people. Courts have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress.
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.
Alexander Hamilton noted in The Federalist #78 that the federal courts "were designed to be an intermediate body between the people and their legislature" in order to ensure that the people's representatives acted only within the authority given to Congress under the Constitution.
