Omar Bennett
The constitution is a set of instructions outlining the organizations, authorities, and limitations on government activities. Only a governmental entity can violate the constitution, or an individual acting on behalf of a governmental entity. The Supreme Court holds laws and regulations unconstitutional every year, and while we hear news accounts of these, we rarely hear about those responsible for their creation. The harms from a violation of the constitution are difficult to quantify, and the media often fails to expose the situation. For example, when the courts found that the segregated structure of the public sector in many southern states violated the 14th Amendment, the media spotlighted the governments of those states, but when private businesses continued with segregation, media attention waned. In another instance, President Donald Trump was uncertain when asked if he needed to uphold the Constitution, prioritizing his deportation agenda over due process rights.
| Characteristics | Values |
|---|---|
| Violation of the First Amendment | Free speech |
| Violation of the Fourteenth Amendment | Equal protection under the law |
| Violation of due process rights | Right to a fair trial for migrants |
| Lack of accountability | Anonymous lawmakers |
| Unconstitutional laws | Federal laws contradicting the Constitution |
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What You'll Learn
- Only governmental entities can violate the constitution
- The Supreme Court can hold laws and regulations unconstitutional
- The US Constitution outlines limitations on government activities
- The government can violate the constitution and harm individuals
- The constitution is rendered useless if not followed
Only governmental entities can violate the constitution
The Constitution is a set of instructions outlining the organizations, authorities, and limitations on government activities. Only governmental entities can violate the Constitution, or indirectly, an individual exercising responsibility for that governmental entity. Private citizens cannot violate the Constitution.
The court's determination of an entity's governmental or private status guides its review of delegations of authority. Courts have applied different tests for private versus governmental entities in reviewing challenges under the "nondelegation doctrine." This doctrine limits Congress's authority to delegate its legislative power to other entities. In general, courts have upheld delegations of authority to governmental entities, while subjecting private entities to a higher level of scrutiny and limiting the types of services and functions that Congress can delegate to them.
Congressional delegations of power to government entities, including government-created corporations, may implicate other provisions of the Constitution. For example, case law has explored whether delegation of power to quasi-governmental actors violates the Due Process Clause of the Fifth Amendment.
The government can violate the Constitution in a manner that harms individuals, such as by violating the First Amendment, the Bill of Rights, the 14th Amendment, or other amendments. The harms from a violation of the Constitution are not easily quantifiable. For instance, how does one measure the harm from having one's speech limited or one's equal protection under the law violated?
Despite the serious consequences of violating the Constitution, those responsible are rarely held accountable. The Supreme Court often declares laws and regulations unconstitutional, but the public rarely learns the identities of those responsible for creating such laws.
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The Supreme Court can hold laws and regulations unconstitutional
The Supreme Court plays a pivotal role in interpreting and enforcing the Constitution, and it has the power to strike down laws and regulations that conflict with it. This power of judicial review ensures that the nation's laws adhere to the foundational principles enshrined in the Constitution.
The Supreme Court's authority to hold laws and regulations unconstitutional is a crucial check on the power of the legislative and executive branches, preventing them from overstepping their bounds and infringing on the rights guaranteed to the people. When a law or regulation is found to be at odds with the Constitution, the Court's decision renders that law or regulation null and void, effectively striking it down.
One notable example of the Supreme Court holding a law unconstitutional is the case of *Marbury v. Madison* in 1803. The Court ruled that an act of Congress was an attempt to expand its original jurisdiction, as established by the Constitution. This ruling set a precedent for the Court's power of judicial review and its ability to interpret the Constitution as the supreme law of the land.
Another instance is the case of *City of Boerne v. Flores* in 1997, where the Supreme Court found that the Religious Freedom Restoration Act (RFRA) was "out of proportion" and could not be justified as a preventive measure against unconstitutional behaviour. The Court's decision in this case reaffirmed the importance of the separation of powers between the federal and state governments.
Additionally, in *United States v. Jackson* (1968), the Supreme Court held that a provision of the Lindbergh Kidnaping Act, which imposed the death penalty only if recommended by a jury, was unconstitutional. The Court ruled that this provision penalised defendants who chose to exercise their Sixth Amendment right to a jury trial.
Through its power of judicial review, the Supreme Court acts as a guardian of the Constitution, ensuring that the laws of the nation align with its fundamental principles. When laws or regulations are found to be inconsistent with the Constitution, the Court's decisions send a strong message about the importance of upholding the rights and freedoms it guarantees.
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The US Constitution outlines limitations on government activities
The Constitution specifically limits federal legislative power to the powers expressly mentioned in the document. This is to ensure that the federal government does not overstep its authority and violate the rights of citizens, as the British Parliament did before the American Revolution. The Constitution also grants the Supreme Court the authority to review the constitutionality of legislative acts and declare void any provisions that violate it.
Despite these measures, violations of the Constitution by the government do occur. For example, every year, the Supreme Court finds various laws and regulations unconstitutional, and individuals within government agencies make decisions that may violate the Constitution. When this happens, the media can play a crucial role in exposing unconstitutional actions, as seen in the case of segregation in southern states.
The harms caused by violations of the Constitution are not easily quantifiable. They can include limitations on free speech, violations of equal protection under the law, and the erosion of trust in those sworn to defend the Constitution.
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The government can violate the constitution and harm individuals
Furthermore, government leaders and agencies are rarely held accountable for constitutional violations. There is a lack of restitution for those harmed by unconstitutional programs, and rules are not always changed promptly when unconstitutionality is identified. Congressmen, heads of agencies, and commissioners are not typically held responsible for introducing, voting for, or implementing laws or rules later deemed unconstitutional. While individuals whose constitutional rights have been violated can sue for money damages under 28 U.S.C.§ 1983, there are challenges in recovering damages from government entities and officials. States, for example, are protected by sovereign immunity and cannot be sued for damages, only for injunctive relief to prohibit future violations.
Moreover, certain government officials, such as judges, legislators, and prosecutors, are entirely immune from damages, even if their conduct is improper. This leaves some injured citizens without legal recourse. Most other government officials have only partial or qualified immunity, meaning they may be held liable for damages in some cases but not all. Additionally, the injured party must prove that the violated right was "clearly established" by the courts before the official's action, which can be challenging.
In conclusion, while the government can violate the constitution and harm individuals, accountability and restitution for these violations are often lacking. There are also difficulties in quantifying and legally redressing the harm caused by constitutional violations, especially when it comes to recovering damages from government entities and officials. These issues highlight the complex nature of upholding and enforcing constitutional rights, even in a litigious society.
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The constitution is rendered useless if not followed
The constitution is a set of instructions outlining the organizations, authorities, and limitations on government activities. It is the responsibility of the government to uphold and follow the constitution. If the government fails to do so, the constitution is rendered useless.
The government can violate the constitution in ways that harm its citizens, such as by violating the First Amendment, the Bill of Rights, the 14th Amendment, or other amendments. For example, the Supreme Court has held various laws and regulations unconstitutional, many of them in violation of the First Amendment. However, there is often a lack of accountability for those responsible for creating these unconstitutional laws.
Additionally, individuals who manage government agencies make decisions about whether to engage in activities that may be deemed unconstitutional. The harm caused by these violations is not easily quantifiable, such as the harm from limited speech or the violation of equal protection under the law.
In the past, media exposure played a role in addressing unconstitutional actions. For instance, when the segregated structure of the public sector in southern states was found to violate the 14th Amendment, the media spotlighted the responsible government leaders. Similarly, when private businesses continued segregation after it was deemed unconstitutional, media exposure helped to address the issue.
However, in recent times, there appears to be a lack of commitment to upholding the constitution. For example, during his presidency, Donald Trump was uncertain about whether he needed to uphold the Constitution, prioritizing his deportation agenda over due process rights.
If the government fails to uphold and follow the constitution, it undermines the very foundation of the nation and the rights and freedoms it guarantees. The constitution is rendered useless if not followed, and the consequences can be detrimental to the citizens the constitution aims to protect.
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Frequently asked questions
Only a governmental entity can violate the constitution, or an individual exercising responsibility for that entity. If the government violates the constitution, it can harm citizens by violating the First Amendment, the Bill of Rights, the 14th Amendment, and other amendments. The courts can hold the government accountable for these violations, and media exposure can also play a role in addressing unconstitutional actions.
Private citizens cannot violate the constitution as it outlines the organizations, authorities, and limitations on government activities. However, citizens can be indirectly affected and harmed by constitutional violations committed by the government.
Endangering the public, violating free speech, and limiting equal protection under the law are potential examples of government actions that may violate the constitution. Additionally, in the context of immigration, undermining due process rights and deporting migrants without proper hearings can be considered unconstitutional.
Media exposure can bring attention to constitutional violations and hold government leaders accountable. For example, media coverage of segregation in the public sector and private businesses highlighted unconstitutional practices and led to negative associations with certain states and individuals.
