Cecily Zamora
In the United States, the power to overturn unconstitutional laws lies with the judiciary, specifically the Supreme Court. Judicial review is the legal process by which courts evaluate whether a statute, treaty, or administrative regulation contradicts or violates existing laws, state constitutions, or the US Constitution. While the US Constitution does not explicitly outline the power of judicial review, it has been inferred from its structure, provisions, and history. The Supreme Court first asserted its authority to strike down laws as unconstitutional in the landmark case of Marbury v. Madison in 1803. Since then, the Court has played a crucial role in interpreting and safeguarding the Constitution, holding hundreds of Acts of Congress and state laws unconstitutional in whole or in part. This power of judicial review ensures that laws at the federal, state, and local levels adhere to constitutional principles and protects the rights and liberties of the American people.
| Characteristics | Values |
|---|---|
| Who can overturn unconstitutional laws | The Supreme Court |
| First Supreme Court case where the Court asserted its authority to strike down a law as unconstitutional | Marbury v. Madison |
| Year of the first Supreme Court case where the Court asserted its authority to strike down a law as unconstitutional | 1803 |
| Number of Acts of the U.S. Congress held unconstitutional by the Supreme Court as of 2014 | 176 |
| Number of laws held unconstitutional in whole or in part by the Supreme Court during 1960-2019 | 483 |
| Reason for overturning laws | Violation of the First Amendment |
| Reason for overturning laws | Violation of the Fourteenth Amendment |
| Reason for overturning laws | Violation of the Contracts Clause (Art. I, § 10) |
| Reason for overturning laws | Violation of the principle of national supremacy (Art. VI) |
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What You'll Learn
The Supreme Court's power to overturn
The Supreme Court is the highest court in the United States, and it plays a crucial role in the country's constitutional system of government. The Court's power of judicial review allows it to declare a Legislative or Executive act in violation of the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803, where the Court decided that an Act of Congress could not take precedence over the Constitution.
The Supreme Court has the authority to strike down laws that violate the Constitution, ensuring that the federal government, as well as state and local governments, operate within the boundaries set by the Constitution. This power of judicial review allows the Court to act as a check on the other branches of government, ensuring that they do not exceed their constitutional authority.
In addition to interpreting the Constitution, the Supreme Court also has the power to review federal statutes and determine their constitutionality. This means that the Court can overturn federal laws that it finds to be in violation of the Constitution. The Court has done this on several occasions, such as in the case of City of Boerne v. Flores, where it held that the Religious Freedom Restoration Act exceeded congressional power under the Fourteenth Amendment.
When it comes to overturning Supreme Court decisions, the process is even more challenging. Congress can attempt to override a Supreme Court interpretation of the Constitution by proposing an amendment with a two-thirds majority in both houses, which then must be ratified by three-quarters of the states. However, this is a difficult task that has not been successfully accomplished in over 30 years. Alternatively, Congress can sometimes achieve its goals without amending the Constitution by enacting statutes that extend constitutional principles through its enumerated powers, such as the power to regulate commerce and enforce Reconstruction Amendments.
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Federal statutes and unconstitutionality
In the United States, the Supreme Court has the power to overturn federal statutes deemed unconstitutional. The Supreme Court has the final say in matters involving federal law and constitutional interpretation, and it can overrule decisions by state courts. This power of judicial review allows the Supreme Court to invalidate a statute for violating the Constitution.
The Supremacy Clause of the US Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made under it, and treaties made under its authority are the "supreme Law of the Land". This means they take priority over conflicting state laws. Federal statutes and treaties must be within the bounds of the Constitution and not violate constitutional limits on federal power, such as the Bill of Rights.
State laws held to be preempted by federal law are void not because they violate the Constitution but because they conflict with a federal statute, treaty, or the Supremacy Clause. For example, in California v. ARC America Corp. (1989), the Supreme Court ruled that if Congress intends to act in an area, it triggers the Supremacy Clause, nullifying state action. Similarly, in Crosby v. National Foreign Trade Council (2000), the Court found that a state law could be unconstitutional under the Supremacy Clause if it hinders Congress's objectives, even without directly conflicting with federal law.
Congress cannot pass laws contrary to the Constitution, and the Judicial system interprets the Constitution. In Marbury v. Madison (1803), the Supreme Court cited the Supremacy Clause to deem Section 13 of the Judiciary Act of 1789 unconstitutional as it enlarged the Court's original jurisdiction beyond what the Constitution allowed. The Supreme Court has also ruled on the constitutionality of state laws, such as in United States v. Peters (1809), where a Pennsylvania statute was found to have no legal foundation as it attempted to annul the judgment of a federal court.
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State laws and unconstitutionality
State laws in the United States can be held unconstitutional in whole or in part by the Supreme Court. There are three separate lists of Supreme Court decisions:
- Part I lists cases holding state constitutional or statutory provisions unconstitutional.
- Part II lists cases holding local laws unconstitutional.
- Part III lists cases holding that state or local laws are preempted by federal law.
State laws held to be preempted by federal law are void not because they contravene any provision of the Constitution but because they conflict with a federal statute, treaty, or the Supremacy Clause. For example, 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 held unconstitutional as it could not oust the federal court of jurisdiction.
Other examples of state laws held unconstitutional include:
- A Georgia statute annulling the conveyance of public lands authorized by a prior enactment, which violated the Contracts Clause (Fletcher v. Peck, 1810).
- A New Hampshire law that altered a charter granted to a private corporation by the British Crown prior to the Revolution, which also violated the Contracts Clause (Dartmouth College v. Woodward, 1819).
- A Pennsylvania insolvency law that purported to discharge a debtor from obligations contracted prior to its passage, which again violated the Contracts Clause (Farmers' and Mechanics' Bank v. Smith, 1821).
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Judicial review
In the United States, the Supreme Court has the power to overturn unconstitutional laws. This power was first asserted in the landmark case of Marbury v. Madison in 1803, where the Supreme Court struck down a law as unconstitutional for the first time. Since then, the Supreme Court has held numerous Acts of Congress and state laws unconstitutional, either in whole or in part.
For example, in United States v. Brown (1965), the Supreme Court held that a provision of the Labor-Management Reporting and Disclosure Act of 1959, which made it a crime for a member of the Communist Party to serve as an officer or employee of a labor union, was unconstitutional as it was a bill of attainder. In another case, City of Boerne v. Flores (1997), the Supreme Court found that the Religious Freedom Restoration Act exceeded congressional power under Section 5 of the Fourteenth Amendment.
The standard for judicial review is stringent, and a suspicion or possibility of unconstitutionality is not enough to strike down a statute. Instead, there must be an "irreconcilable variance" with the Constitution, as Alexander Hamilton explained in Federalist 78. This principle was widely accepted during the framing of the Constitution, and it has guided courts in their judicial review process.
While the Supreme Court has the final say in determining the constitutionality of laws, lower courts also play a role in judicial review. They can examine if a statute, treaty, or administrative regulation contradicts or violates existing laws or state constitutions and make decisions accordingly.
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Congress and unconstitutional laws
Congress is responsible for enacting laws, but it is the role of the Supreme Court to review and interpret the constitutionality of these laws. The Supreme Court can hold Acts of Congress unconstitutional in whole or in part.
For example, in the case of City of Boerne v. Flores, 521 U.S. 507 (1997), the Supreme Court ruled that the Religious Freedom Restoration Act exceeded congressional power under Section 5 of the Fourteenth Amendment. The Act directed the use of the compelling interest test to determine the validity of laws 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.
In another instance, the Supreme Court held that a provision of the Labor-Management Reporting and Disclosure Act of 1959 was unconstitutional. The provision made it a crime for a member of the Communist Party to serve as an officer or employee of a labor union, with the exception of clerical or custodial positions. The Court found that this provision was a bill of attainder, which is prohibited by the Constitution.
Additionally, in Bartnicki v. Vopper, 532 U.S. 514 (2001), the Supreme Court ruled that a federal prohibition on the disclosure of illegally intercepted electronic communications violated 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 balanced the government's interest in protecting private communication with the public's interest in matters of public concern, ultimately ruling in favor of the latter.
These examples demonstrate the role of the Supreme Court in reviewing and interpreting the constitutionality of laws enacted by Congress, and its power to overturn Acts of Congress that are deemed unconstitutional.
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Frequently asked questions
The Supreme Court can overturn unconstitutional laws.
Judicial review.
The standard of review should be "irreconcilable variance" with the Constitution.
In 1803, the Supreme Court asserted its authority to strike down a law as unconstitutional in Marbury v. Madison.
In Bartnicki v. Vopper (2001), the Supreme Court held that a federal prohibition on the disclosure of illegally intercepted communications violated the First Amendment.
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