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An unconstitutional constitutional amendment is a concept in judicial review based on the idea that even a properly passed and properly ratified constitutional amendment, specifically one that is not explicitly prohibited by a constitution's text, can nevertheless be unconstitutional on substantive (as opposed to procedural) grounds—such as due to this amendment conflicting with some ...
In particular, the doctrine was expanded by three Supreme Court cases in the 1980s. [5] In those cases, the Court "reaffirmed" the diminution in value test originating in Mahon, created the unconstitutional conditions doctrine for exactions, and "held an interim regulation could be considered a temporary taking". [5]
The Constitution does not contain any clause expressly providing that the states have the power to declare federal laws unconstitutional. Supporters of nullification have argued that the states' power of nullification is inherent in the nature of the federal system. They have argued that before the Constitution was ratified, the states essentially were separate nation
Unconstitutional vagueness is a concept that is used to strike down certain laws and judicial actions in United States federal courts. It is derived from the due process doctrine found in the Fifth and Fourteenth Amendments to the United States Constitution. The doctrine prohibits criminal prosecution for laws where it is impossible to ...
The unconstitutional conditions doctrine forbids governments from “pressuring someone into forfeiting a constitutional right” by “coercively withholding benefits”. [8] Nollan and Dolan “involve a special application” of the unconstitutional conditions doctrine to the Fifth Amendment right to just compensation . [ 9 ]
The adequate and independent state ground doctrine states that when a litigant petitions the U.S. Supreme Court to review the judgment of a state court which rests upon both federal and non-federal (state) law, the U.S. Supreme Court does not have jurisdiction over the case if the state ground is (1) “adequate” to support the judgment, and ...
Moreover, this bill directly violates the doctrine against unconstitutional conditions. That doctrine prohibits the government from conditioning the receipt of a governmental benefit upon the non ...
The presumption of constitutionality is linked to the doctrine of constitutional avoidance (the doctrine that courts will not make rulings on constitutional issues if the case can be resolved on a non-constitutional basis) and the rule that courts will not interpret an ambiguous statute to be unconstitutional in the absence of clear ...