Keith Mack
The US Constitution establishes the federal judiciary, with Article III, Section I stating that the judicial power of the United States shall be vested in one Supreme Court. This means that the Supreme Court has the final say over whether a law is protected by the Constitution or if a Constitutional right has been violated. The Supreme Court can hear cases on appeal that involve points of constitutional and/or federal law, including those involving state laws. For example, a state law that violates the constitutional right to due process can be challenged. When a party files a pleading that questions the constitutionality of a state statute, they must notify the state attorney general, who can then intervene.
| Characteristics | Values |
|---|---|
| Grounds for challenging constitutionality of state laws | Violation of due process, conflict with federal statutes or treaties, violation of constitutional provisions, disproportionate burden on protected classes |
| Who can challenge state laws? | The Supreme Court, any party filing a pleading, written motion, or other paper drawing into question the constitutionality of a state statute |
| What is required to challenge state laws? | Notice and certification of constitutional challenge, professional assistance from a seasoned constitutional lawyer, filing a complaint in federal court, clearly identifying the statute and explaining why it infringes on constitutional rights |
| What is the role of the Supreme Court? | The Supreme Court has original jurisdiction over certain cases and appellate jurisdiction over almost any other case involving a point of constitutional and/or federal law; it plays a crucial role in ensuring each branch of government recognizes its limits and protects civil rights and liberties |
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What You'll Learn
- State laws may be deemed unconstitutional if they infringe on the First Amendment's protection of free speech
- State laws may conflict with federal statutes or treaties, thus being void
- State laws may violate due process, such as denying a taxpayer the opportunity to be heard
- State laws may disproportionately burden a protected class, violating the Fourteenth Amendment's equal protection clause
- State laws may be deemed unconstitutional if they violate civil rights and liberties
State laws may be deemed unconstitutional if they infringe on the First Amendment's protection of free speech
State laws in the United States may be deemed unconstitutional if they infringe on the First Amendment's protection of free speech. The First Amendment to the US Constitution guarantees several protections with respect to freedom of expression and speech. These include the freedom to speak freely without government restraint and to seek, receive, and impart information and ideas. If a state law were to infringe on these protections, it could be challenged on constitutional grounds.
The US Constitution establishes the federal government as superior to state governments in certain respects, and the Supreme Court has the final authority to determine the limits of federal power. State laws can be deemed unconstitutional if they conflict with federal statutes, treaties, or the Constitution itself. This is known as "preemption," and it occurs when a state law contradicts or interferes with federal law. For example, a Maryland statute requiring importers to obtain a license to resell imported articles conflicted with the federal government's power to regulate foreign commerce and was thus unconstitutional.
State laws may also be deemed unconstitutional if they violate individual rights and freedoms protected by the Constitution. This includes protections provided by the First Amendment, such as freedom of speech, freedom of religion, freedom of assembly, and freedom of the press. For instance, a Louisiana law that established a rebuttable presumption of guilt for certain purchasers of sugar violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Similarly, an Alabama law that prevented individuals accused of fraud from testifying about their uncommunicated motives was deemed an invalid peonage law, prohibited by the Thirteenth Amendment.
The Department of Justice (DOJ) plays a crucial role in upholding the Constitution and ensuring state laws comply with it. When a state law is challenged as unconstitutional, the DOJ, through the Attorney General, has the statutory right to intervene in the litigation. The DOJ can argue on behalf of the federal government, asserting its supremacy in areas where state laws may infringe on federal authority or violate individual rights protected by the Constitution, including those guaranteed by the First Amendment.
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State laws may conflict with federal statutes or treaties, thus being void
State laws in the United States may be challenged if they conflict with federal statutes or treaties, and are thus void under the Supremacy Clause. The Supreme Court has the jurisdiction to hear cases involving treaties, federal law, and constitutional law.
The Supreme Court has ruled that an Act of Congress that goes against the Constitution cannot stand, and has established its authority to strike down state laws that violate the Constitution. This is an essential role in ensuring that each branch of government recognizes its own power limits.
For example, a Maryland statute that required an importer to obtain a license before reselling imported articles conflicted with federal power to regulate foreign commerce and the constitutional provision prohibiting states from levying import duties. The Court ruled that the Maryland statute was in violation of federal power and the Constitution.
Another example is a Tennessee tax law that applied a levy to out-of-state products but exempted domestic products, which was deemed to impose an invalid burden on interstate commerce. This state law was held to be preempted by federal law and was therefore void.
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State laws may violate due process, such as denying a taxpayer the opportunity to be heard
The Fourteenth Amendment Due Process Clause states that no state shall make or enforce any law that abridges the privileges or immunities of US citizens, nor shall any state deprive any person of life, liberty, or property without due process. Due process requires, at a minimum: 1) notice; 2) an opportunity to be heard; and 3) an impartial tribunal.
In the case of Darnell & Son Co. v. City of Memphis (1908), a Georgia statutory assessment procedure that did not allow a taxpayer to be heard regarding the valuation of property that he believed was not taxable, and only allowed him to challenge the assessment for fraud and corruption, was deemed a violation of due process.
In Bi-Metallic Investment Co. v. State Board of Equalization (1915), the Supreme Court held that while the Constitution does not require "due process" for establishing laws, the provision applies when the state acts against individuals "in each case upon individual grounds". In this case, the taxpayer had a right to a hearing and to support his allegations with arguments and proof.
State laws that violate an individual's due process rights, such as denying a taxpayer the opportunity to be heard, can be challenged by the Department of Justice (DOJ) on constitutional grounds. Rule 5.1 of the Federal Rules of Civil Procedure requires that a party filing a pleading, written motion, or other paper questioning the constitutionality of a federal or state statute must serve notice to the US Attorney General or state attorney general. The court must then certify the constitutional challenge to the appropriate attorney general, who has the right to intervene.
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State laws may disproportionately burden a protected class, violating the Fourteenth Amendment's equal protection clause
The Fourteenth Amendment, which came into effect in 1868, was intended to prevent states from discriminating against African Americans. The Equal Protection Clause, which is part of the first section of the Fourteenth Amendment, states that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that individuals in similar situations be treated equally by the law.
Despite its original purpose, the Equal Protection Clause has been interpreted broadly and has evolved significantly since its inception. For example, in Plessy v. Ferguson (1896), the Court ruled that "separate but equal" facilities for blacks and whites did not violate the Equal Protection Clause. However, in later years, the Court would struggle to articulate the duality of the Fourteenth Amendment, acknowledging its original purpose of addressing discrimination against African Americans while also recognizing that systemic and intergenerational racial discrimination remained pervasive.
The Equal Protection Clause has been applied in various contexts, including voting rights, education, and employment. In Nixon v. Herndon (1927), the Supreme Court ruled that the Fourteenth Amendment prohibited the denial of the vote based on race. In Baker v. Carr (1962), the Court found that malapportionment of districts in Tennessee violated the Equal Protection Clause, as it resulted in unequal representation. In the context of education, the Court has addressed racial segregation in schools, ruling that de jure racial segregation caused by "intentionally segregative school board actions" must be treated as if mandated by statute.
The Equal Protection Clause has also been invoked in employment contexts, such as in Regents of the University of California v. Bakke (1978). In this case, the Court found that race-conscious measures designed to address the effects of discrimination were presumptively unconstitutional, equating them with invidious discrimination. However, the Court also recognized the compelling governmental interest in diversity, which was based on the First Amendment's protection of academic freedom.
Additionally, the Equal Protection Clause has been used to scrutinize laws that are ostensibly neutral but have a disproportionately adverse effect on racial minorities or other protected groups. In Washington v. Davis, the Court held that to prove harm based on the disproportionate impact of a facially neutral law, there must be evidence of intent or motive to discriminate.
In summary, the Equal Protection Clause of the Fourteenth Amendment was intended to address state-sanctioned discrimination against African Americans and has since been applied in various contexts, including voting rights, education, and employment. While the original purpose of the Amendment has been debated and interpreted in different ways, it continues to serve as a crucial tool in challenging state laws that disproportionately burden protected classes.
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State laws may be deemed unconstitutional if they violate civil rights and liberties
One example of a state law being deemed unconstitutional due to a violation of civil rights is Brown v. Board of Education. In this case, the law was found to disproportionately burden a protected class, which is grounds for a constitutional challenge. Another example is a Georgia statutory assessment procedure that did not allow a taxpayer to be heard regarding the valuation of property that he believed was not taxable. This was deemed to have violated due process and was therefore unconstitutional.
State laws can also be deemed unconstitutional if they conflict with a federal statute, treaty, or the Supremacy Clause. For instance, a Maryland statute that required an importer to obtain a license to resell imported articles conflicted with the federal power to regulate foreign commerce and was therefore unconstitutional. Similarly, a Minnesota railroad rate statute imposed excessive penalties that deterred affected parties from testing its validity in the courts, thus denying the railroad equal protection of the laws.
Any individual who believes their rights are being infringed upon by a state law can initiate a constitutional challenge. This typically requires the assistance of a seasoned constitutional lawyer and starts with filing a complaint in federal court. The individual must clearly identify the statute being challenged and explain how it infringes on their constitutional rights. Demonstrating personal harm, or "standing," is critical to the case, as courts generally mandate that plaintiffs must be personally affected by the law in question.
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Frequently asked questions
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, which includes cases involving constitutional and federal law. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, and the Court has since established its authority to strike down state laws found to be in violation of the Constitution.
Some examples include a Georgia statutory assessment procedure that denied taxpayers the opportunity to be heard regarding the valuation of property, a Tennessee tax law that imposed an invalid burden on interstate commerce by exempting domestic products while taxing like products from out-of-state, and a Maryland statute that conflicted with federal power to regulate foreign commerce.
Initiating a constitutional challenge typically requires the assistance of a seasoned constitutional lawyer. The process begins by filing a complaint in federal court, clearly identifying the statute and explaining how it infringes upon your constitutional rights. Demonstrating personal harm, or "standing," is critical, as courts generally mandate that plaintiffs are personally affected by the law in question.
