Omar Bennett
The US Constitution is the supreme law of the United States, and any law or rule that violates it is considered unconstitutional. While private citizens cannot violate the Constitution, the government can and has violated it in the past, such as when former President Trump signed an executive order to end birthright citizenship, which a federal judge blocked, deeming it blatantly unconstitutional. State laws can also be deemed unconstitutional, such as the Maryland oyster inspection tax of 1910, which was voided as it imposed a burden on interstate commerce. When a violation of the Constitution occurs, there is often no offer of apology or compensation for those affected, and they may fear governmental retribution for raising constitutional arguments against the government.
| Characteristics | Values |
|---|---|
| State laws deemed unconstitutional | Maryland oyster inspection tax of 1910, Missouri constitutional provisions, Alabama taxes levied on vessels owned by citizens |
| Violation by government agencies | FCC, USAID |
| Violation by the President | Executive order ending birthright citizenship, firing inspectors general, Inauguration Day pardon of insurrectionists, freezing federal grants and loans |
| Violation of the First Amendment | Free speech, freedom of religion, freedom of assembly, freedom of the press, right to petition the government |
| Violation of other Amendments | 14th Amendment, Bill of Rights |
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What You'll Learn
State laws deemed unconstitutional
State laws in the US can be deemed unconstitutional in several ways. Firstly, they can be found to contravene provisions of the US Constitution, such as the First Amendment, the Fifth Amendment, or the Fourteenth Amendment. For example, a Washington law that imposed excessive inspection fees on oil products was deemed to impose an invalid burden on interstate commerce.
Secondly, state laws may be deemed unconstitutional if they conflict with federal statutes or treaties, through the operation of the Supremacy Clause. In such cases, the federal law takes precedence, and the state law is considered void. An example is a Missouri statute of limitations that conflicted with federal legislation regarding adverse possession.
Thirdly, state laws may violate specific constitutional principles, such as the Equal Protection Clause or the Due Process Clause. For instance, in Frontiero v. Richardson (1973), the Supreme Court held that federal statutes providing different qualification criteria for dependent benefits of spouses of female and male members of the Armed Forces violated equal protection principles under the Fifth Amendment.
In some cases, state laws may also be deemed unconstitutional if they violate specific clauses within the Constitution, such as the Full Faith and Credit Clause or the Privileges and Immunities Clause. For example, a Maryland law that exacted higher traders' license fees from nonresidents than residents violated the Privileges and Immunities Clause.
When state laws are deemed unconstitutional, it often falls to the courts to address the issue and provide remedies or guidance on how to rectify the situation. However, it is worth noting that individuals may fear governmental retribution for raising constitutional and legal arguments against the government.
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Supreme Court rulings
The Supreme Court plays a crucial role in interpreting and enforcing the US Constitution, and its rulings have a significant impact on ensuring that laws and actions comply with constitutional requirements. The Court has the power to declare laws and actions of the government unconstitutional, providing an essential check on governmental power.
One of the most well-known examples of the Supreme Court's rulings on constitutional matters is Marbury v. Madison in 1803, which established the principle of judicial review and the power of the Court to strike down laws that violate the Constitution. This case set a precedent for the Court's role in interpreting and enforcing the nation's founding document.
Over the years, the Supreme Court has ruled on numerous cases where state laws were found to be in violation of the Constitution. For instance, in 1910, the Court invalidated the Maryland oyster inspection tax, which burdened interstate commerce (a power reserved for the federal government under the Commerce Clause). In another case, a Missouri law that required clergymen to take an oath of loyalty to the United States as a prerequisite for practising was struck down as an unconstitutional bill of attainder and ex post facto law.
The Court has also addressed federal laws and actions that infringe on constitutional rights. For example, in the famous Brown v. Board of Education case, the Court ruled that racial segregation in public schools was unconstitutional, violating the Equal Protection Clause of the Fourteenth Amendment. Additionally, the Court has ruled on the constitutionality of government actions, such as in the case of Trump v. Hawaii, where the Court struck down Trump's travel ban as violating the Establishment Clause of the First Amendment.
While the Supreme Court is the final arbiter of constitutionality, the process of challenging unconstitutional laws or actions can be initiated by citizens or lower courts. If a law is found to violate the Constitution, it is typically struck down and rendered invalid, ensuring that the rights and freedoms guaranteed by the Constitution are protected and upheld.
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Violation by the President
The US Constitution is the supreme law of the United States, and any laws or rules that conflict with it are unconstitutional and have no legal effect. While private citizens cannot violate the Constitution, the government and the President can and have violated it in the past.
The US Constitution outlines the powers and responsibilities of the President, and any actions taken outside of these boundaries are considered violations. For example, the President is the commander-in-chief of the armed forces, and while they have the power to make treaties, they must seek the advice and consent of the Senate. If the President were to make a treaty without the Senate's approval, this would be a violation of the Constitution.
Additionally, the President is responsible for enforcing the laws passed by Congress, and they must ensure that their actions do not violate the constitutional rights of citizens. For instance, the Fourth Amendment protects citizens against unreasonable searches and seizures, and the First Amendment guarantees freedom of speech and religion. If the President were to infringe upon these rights, they would be violating the Constitution.
In the case of a violation by the President, there are several mechanisms in place to hold them accountable. Congress can impeach the President, which is a formal accusation of misconduct, followed by a trial in the Senate. If convicted, the President can be removed from office and disqualified from holding any federal office in the future.
The Supreme Court also plays a crucial role in interpreting the Constitution and determining the legality of the President's actions. They can declare executive actions unconstitutional and block their implementation.
Public opinion and pressure can also be a significant factor in addressing presidential violations. The media and the public can expose and criticise unconstitutional actions, and this can influence political decisions and shape future elections.
While there are checks and balances in place to address violations by the President, it is important to recognise that the system relies on these mechanisms being utilised effectively. In some cases, political motivations or interpretations of the law can influence the response to a presidential violation, and there may be delays or disagreements in addressing the issue.
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Private citizen violations
As a private citizen, it is not possible to violate the US Constitution. However, private citizens can be complicit in constitutional violations, often alongside government officials. In such cases, they can be held accountable for their actions.
The US Constitution protects citizens from government officials violating their rights, but not from violations by private persons or entities. This is because the Constitution requires "state action", meaning government officials exercising their governmental power.
However, in recent years, the courts have held private entities to be state actors in some cases, even when the government played no role in the policies or actions of the private entity. For example, in Wickersham v. City of Columbia, a private veterans' organisation was deemed to be a state actor when it held an event at a municipal airport. In another case, a man was arrested by the NYPD and charged with minor offences after shouting about the Constitution during a concert. He sued the NYPD and Lincoln Center, claiming they had violated his First Amendment rights.
Private businesses have also been found to violate the Constitution. In the 1960s, the US Supreme Court ruled that private businesses that practised segregation were violating the Fourteenth Amendment, even if the government had not played a role in their policies.
When government agencies violate the Constitution, individuals within those agencies make conscious decisions about whether to engage in the unconstitutional activity. Unfortunately, accountability and restitution for constitutional violations are rare.
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Government accountability
The US Constitution is a document that establishes the country's fundamental laws and principles. It outlines the powers and responsibilities of the federal government, including the legislative, executive, and judicial branches. When a government action or policy is found to be in violation of the Constitution, it is deemed unconstitutional and can be struck down by the courts.
When the government violates the Constitution, it can have far-reaching consequences for the public. For instance, in the case of Trump's executive order purporting to end birthright citizenship, a federal judge blocked it as "blatantly unconstitutional". Additionally, the firing of inspectors general across the government without notice or rationale and the pardoning of the January 6 insurrectionists raised serious concerns about the rule of law and accountability.
In some cases, government agencies may also overstep their bounds and violate citizens' constitutional rights. For example, the FCC has been criticised for actions that infringed on free speech and equal employment opportunities. Unfortunately, victims of such constitutional abuses often suffer in silence, fearing governmental retribution for raising legal arguments against the state.
To uphold government accountability, various mechanisms are in place. The Supreme Court plays a crucial role in reviewing laws and regulations and determining their constitutionality. Congress, as the legislative branch, also has a responsibility to act as a check on the executive power and ensure adherence to the Constitution. Public opinion and a free press also play a vital role in holding the government accountable and bringing attention to unconstitutional actions.
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Frequently asked questions
If something goes against the US Constitution, it is deemed unconstitutional.
No, private citizens cannot violate the Constitution.
Yes, the government can violate the Constitution and has done so on several occasions.
When the government violates the Constitution, there is often no accountability or compensation for victims. Those affected may fear governmental retribution and choose to remain silent.
In such cases, media attention, public opinion, and litigation can play a role in addressing the violation. Federal courts and members of Congress should also step up to hold the government accountable.
