Search results
Results From The WOW.Com Content Network
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 ...
Under the theory of nullification, such a declaration by a state is final and binding, and cannot be overruled by the courts. On the other hand, when a state files a lawsuit in court challenging the constitutionality of a federal statute, the decision on constitutionality is made by the courts and ultimately can be decided by the Supreme Court ...
The first case in which the Supreme Court struck down a state statute as unconstitutional was Fletcher v. Peck, 10 U.S. (6 Cranch) 87 (1810). [61] In a few cases, state courts took the position that their judgments were final and were not subject to review by the Supreme Court.
National Foreign Trade Council, 530 U.S. 363 (2000), that even when a state law is not in direct conflict with a federal law, the state law could still be found unconstitutional under the Supremacy Clause if the "state law is an obstacle to the accomplishment and execution of Congress's full purposes and objectives". [30]
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 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 ...
In Sheetz, the Supreme Court made clear there's no legislative exception to the "unconstitutional conditions" doctrine—which requires that the conditions local governments place on the approval ...
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 ...