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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.
The Virginia court found unconstitutional the federal statute providing for Supreme Court review of state court judgments. This decision would have allowed each state's courts to decide for themselves whether federal actions were unconstitutional, effectively giving state courts the right to nullify federal law. In Martin v.
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 1995, the Court held that the Crime Control Act of 1990, which the Gun-Free School Zones Act was a part of, was unconstitutional because it was an "impermissible extension of congressional power under the Commerce Clause." [34] Lopez remains the central case regarding the authority of Congress under the commerce power. [35]
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 ...
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 ...
Writing for the Court, Justice Alito held that conditions imposed upon the issuance of a land-use permit must conform to the requirements of Nollan and, if applicable, Dolan even when the permit is denied for failure to comply with the conditions. The unconstitutional conditions doctrine forbids governments from “pressuring someone into ...
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 ...