Keith Mack
The US Constitution, written by a group of Founding Fathers at the Constitutional Convention in 1787, is the supreme law of the land and the source of all government powers. It also provides limitations on the government to protect the rights of US citizens. The US Constitution has three branches: the executive, legislative, and judicial. The judicial branch interprets laws and can declare state laws unconstitutional. For example, a Louisiana law that established a presumption of guilt for individuals purchasing sugar below market price was deemed to have violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
| Characteristics | Values |
|---|---|
| Branch of government that can declare a state law unconstitutional | Judicial branch |
| Branch of government that can declare Executive Orders | Executive branch |
| Branch of government that can interpret laws | Judicial branch |
| Branch of government that nominates Supreme Court justices | President |
| Branch of government that confirms President’s nominations for judicial positions | Senate in the legislative branch |
| Branch of government that can impeach judges | Congress |
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What You'll Learn
Supreme Court decisions
In the United States, the Supreme Court has the power to declare state laws unconstitutional. This is done through a process of evaluation by Supreme Court justices, who are nominated by the President and confirmed by the Senate.
There are three categories of Supreme Court decisions regarding state laws: the first involves holding state constitutional or statutory provisions unconstitutional; the second deals with local laws deemed unconstitutional; and the third addresses cases where federal law takes precedence over state or local laws.
The Supreme Court has ruled on numerous cases where state laws were found to be unconstitutional. For example, in the case of Dartmouth College v. Woodward (1819), a New Hampshire law that altered a charter granted by the British Crown to a private corporation before the American Revolution was deemed a violation of the Contracts Clause. Similarly, in Farmers' and Mechanics' Bank v. Smith (1821), a Pennsylvania insolvency law that discharged a debtor's obligations from before the law's enactment was also considered a breach of the Contracts Clause.
In another instance, a Louisiana law was challenged for violating both the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The law presumed an individual guilty of a crime if they purchased sugar at a lower price in Louisiana than in another state, indicating participation in a monopoly or conspiracy. The Supreme Court found this law unconstitutional as it declared individuals presumptively guilty while exempting others paying the same price.
The Supreme Court has also addressed acts of Congress that were deemed unconstitutional. In City of Boerne v. Flores (1997), the Court ruled that Congress's power under Section 5 to enforce the Fourteenth Amendment did not extend to defining the substance of the Amendment's restrictions.
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State laws vs federal laws
The United States Constitution establishes a federal system of government, with power shared between the federal government and the state governments. Federal laws apply throughout the United States, in every state, and cover areas such as anti-discrimination and civil rights, immigration, bankruptcy, the postal service, intellectual property, and the military.
State laws, on the other hand, apply only to people who live or work in a particular state, commonwealth, or territory. Each of the 50 states has its own system of laws and courts, which generally handle matters such as family law (divorce, child custody, guardianships), and state criminal and civil laws.
In some cases, federal and state laws may overlap. This often occurs when Congress spends money to create programs for the general welfare, and a state accepts federal funds to participate, thereby involving some element of federal law.
When there is a conflict between federal and state laws, the Supremacy Clause of the U.S. Constitution (Article VI) states that federal laws take precedence and are the "supreme law of the land." This means that a state law that contradicts a federal law is invalid, and the federal law will prevail.
The Supreme Court has the power to declare a state law unconstitutional if it violates the U.S. Constitution or federal laws. For example, in the case of Maryland vs. The Bank of the United States, a Maryland law imposing a tax on notes issued by a branch of the Bank of the United States was held unconstitutional under the principle of national supremacy. In another case, a New Hampshire law that altered a charter granted by the British Crown was found to violate the Contracts Clause of the Constitution. These examples demonstrate how the judicial system upholds the supremacy of federal law over state law when conflicts arise.
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The Contracts Clause
During the New Deal Era, the Supreme Court began to depart from the strict interpretation of the Contracts Clause. In Home Building & Loan Association v. Blaisdell, the Supreme Court upheld a Minnesota law that temporarily restricted the ability of mortgage holders to foreclose, despite it arguably being the kind of contract modification that the Framers intended to prohibit. The Court held that this law was justified by the state's police power, and by the temporary nature of the modification and the emergency situation.
The Supreme Court laid out a three-part test for whether a law conforms with the Contracts Clause in Energy Reserves Group v. Kansas Power & Light. First, the state regulation must not substantially impair a contractual relationship. Second, the state must have a significant and legitimate purpose behind the regulation. Third, the law must be reasonable and appropriate for its intended purpose.
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The President's role
The US president's role in declaring a state law unconstitutional is a complex and contentious issue, with various clauses and historical precedents influencing their powers. The key clause in this regard is the Faithful Execution Clause, commonly known as the Take Care Clause, which grants the president broad enforcement authority while also limiting their power.
The Take Care Clause, as interpreted by some, suggests that the president has a duty to uphold the Constitution and disregard laws they deem unconstitutional. This interpretation gives the president significant discretion to ignore laws they believe are unconstitutional, even if there are substantial counter-arguments. This interpretation stems from the clause's wording, which states that the president shall ""take care that the laws be faithfully executed," implying a degree of flexibility in interpretation.
Historical examples of presidents exercising this power include Thomas Jefferson's refusal to enforce the Sedition Act, and Barack Obama's handling of federal immigration laws. In the case of Jefferson, he argued that his duty to defend the Constitution barred him from executing measures that violated it. Similarly, Obama's use of executive action on immigration was defended by appealing to the Take Care Clause, suggesting that he had a duty to act when Congress failed to pass comprehensive immigration reform.
However, this interpretation of presidential power is not universally accepted. Some scholars argue that the president must enforce all congressional laws, regardless of their personal constitutional opinions. This view emphasizes the importance of checks and balances and prevents the president from acting unilaterally based on their interpretation of the Constitution.
Additionally, the Insurrection Act, enacted in 1792, grants the president the authority to deploy the military domestically under certain conditions, such as to suppress rebellion or enforce the law. This Act has been invoked in situations where state and local governments have been unable or unwilling to uphold federal law, effectively allowing the president to intervene in state affairs.
In summary, the president's role in declaring a state law unconstitutional involves navigating a complex web of constitutional clauses, historical precedents, and statutory powers. While they have some discretion to disregard laws they deem unconstitutional, this power is not absolute and is balanced by other constitutional considerations and checks on presidential power.
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Checks and balances
In the United States, the government is divided into three branches: the executive, legislative, and judicial branches. Each branch has its own unique role and responsibilities, and they work together to ensure a balance of power and protect the rights of citizens. This system of checks and balances is crucial for maintaining a fair and just government.
The executive branch, led by the President, is responsible for executing and enforcing the laws of the land. While the President can issue executive orders with the force of law, the judicial branch serves as a check on this power by interpreting laws and determining their constitutionality. In other words, the judicial branch can declare acts of the executive branch, including executive orders, unconstitutional.
The legislative branch, consisting of Congress, is responsible for creating and passing laws. While Congress can pass laws and regulations, the judicial branch can again act as a check by reviewing these laws and determining whether they align with the Constitution. The judicial branch, through the Supreme Court, can hold statutory provisions and state laws as unconstitutional, ensuring that the laws passed by the legislative branch do not violate the fundamental rights of citizens.
Additionally, the system of checks and balances extends beyond a single branch holding another accountable. There are also internal checks within each branch. For example, within the executive branch, the President nominates judges and justices, but these nominations are subject to confirmation by the Senate, which is part of the legislative branch. Similarly, Congress can impeach and remove judicial officers appointed by the President, demonstrating the intricate web of checks and balances across different branches.
The Founding Fathers established this system of checks and balances during the Constitutional Convention in 1787. Their goal was to create a government that balanced federal power with individual rights, and the Constitution they drafted remains the supreme law of the land today. This system ensures that no single branch of government holds absolute power and that the rights of citizens are protected through a careful distribution of powers and responsibilities.
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Frequently asked questions
The judicial branch can declare state laws unconstitutional.
In the case of *Dartmouth College v. Woodward* (1819), a New Hampshire law that altered a charter granted by the British Crown to a private corporation before the American Revolution was found to violate the Contracts Clause.
No, but the Supreme Court has held that acts of Congress are unconstitutional in whole or in part. For example, in *Bartnicki v. Vopper* (2001), the Court found that a federal prohibition on the disclosure of illegally intercepted electronic communications violated the First Amendment.
The Supreme Court, as part of the judicial branch, interprets laws and decides cases involving state laws being held unconstitutional. The President nominates Supreme Court justices, and the legislative branch, specifically the Senate, confirms these nominations.
