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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 ...
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
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 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.
A Texas judge ruled Wednesday that a new law eroding the power of the state's Democratic-led cities to impose local regulations on everything from tenant evictions to employee sick leave is ...
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]
Rockland County joins other local governments challenging the constitutionality of a state law moving local elections to even-numbered years.
A frequently cited example of the deference afforded to the powers of state and local government may be found in Exxon Corp. v. Maryland, 437 U.S. 117 (1978), where the State of Maryland barred producers of petroleum products from operating retail service stations in the state. "The fact that the burden of a state regulation falls on some ...