The Constitution: what makes a law null and void

  To determine when a law is considered null and void according to the Constitution of the United States, we need to examine several key principles embedded within the text of the Constitution as well as relevant historical court decisions.

Relevant Sections of the Constitution:

Article VI, Clause 2 (Supremacy Clause): This clause establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority constitute the "supreme Law of the Land." Any state law or federal law that is in conflict with the Constitution is therefore rendered invalid and effectively null and void.

Article III, Section 2: This outlines the judicial power of the courts, including the power of judicial review, which allows courts to determine the constitutionality of laws. If a law is deemed unconstitutional, it becomes null and void.

The Fifth Amendment (Due Process Clause): A law may be found null and void if it violates the due process rights that protect individuals from arbitrary denial of life, liberty, or property.

The Fourteenth Amendment, Section 1 (Equal Protection Clause): Laws that violate the equal protection rights of individuals or groups can be struck down as unconstitutional and therefore null and void.

Historical Information and Court Cases:

Marbury v. Madison (1803): This landmark case established the principle of judicial review, giving the courts the authority to declare a law unconstitutional and thus null and void. Chief Justice John Marshall stated that "a law repugnant to the Constitution is void," and it is the duty of the judiciary to uphold the Constitution and disregard any law that violates it.

McCulloch v. Maryland (1819): This case reinforced the Supremacy Clause by ruling that states cannot pass laws that interfere with federal law. The court held that when state and federal laws conflict, federal law prevails, making any state law that contradicts the Constitution or federal law null and void.

Brown v. Board of Education (1954): The Supreme Court ruled that state laws establishing racial segregation in public schools violated the Equal Protection Clause of the Fourteenth Amendment. This decision rendered all such segregation laws null and void.

Roe v. Wade (1973) (later overturned in Dobbs v. Jackson Women's Health Organization in 2022): In Roe, the Supreme Court declared that laws criminalizing abortion were unconstitutional because they violated a woman's right to privacy under the Due Process Clause of the Fourteenth Amendment, rendering those laws null and void. However, with Dobbs, the Court reversed this precedent, returning the authority to regulate abortion to the states.

Obergefell v. Hodges (2015): This case ruled that state laws banning same-sex marriage violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment, making such state laws null and void.

Summary:

A law is considered null and void primarily when it conflicts with the Constitution. The judiciary, particularly the Supreme Court, has the power to declare laws unconstitutional through judicial review, a principle established in Marbury v. Madison. Key constitutional provisions, such as the Supremacy Clause, Due Process, and Equal Protection, are often central to these determinations. Historical cases like McCulloch v. Maryland, Brown v. Board of Education, and Obergefell v. Hodges are prime examples of how laws can be invalidated when they violate constitutional principles.

Sources

1 The United States Supreme Court Edited by Christopher Tomlins

2 On the Constitution of the United States by Joseph Story

3 U.S. Constitution for Everyone by Mort Green

4 The Constitution of the United States of America as Amended. Unratified Amendments. Analytical Index by Henry Hyde

5 The Making of America by W. Cleon Skousen

In addition:

When considering what makes a law null and void under the Constitution of the United States, it's crucial to delve deeper into the interaction between constitutional principles and judicial interpretation.

1. The Role of Judicial Review:

The judiciary, particularly the Supreme Court, plays a pivotal role in determining the constitutionality of laws. The precedent for this power was established in the landmark case Marbury v. Madison (1803), where the Court asserted its authority to invalidate laws that conflict with the Constitution. Chief Justice John Marshall famously stated, "It is emphatically the province and duty of the Judicial Department to say what the law is." This case remains foundational in understanding how laws are rendered null and void through judicial review [1].

2. Supremacy Clause (Article VI, Clause 2):

The Supremacy Clause makes it clear that the Constitution is the highest legal authority in the U.S., and any law, whether state or federal, that contradicts the Constitution is automatically rendered invalid. This clause ensures that federal law takes precedence over conflicting state laws. For instance, in McCulloch v. Maryland (1819), the Court ruled that Maryland's attempt to tax a federal bank was unconstitutional, upholding the principle that state laws that conflict with federal law are null and void [2].

3. Constitutional Violations:

Several amendments and provisions within the Constitution provide specific protections that, if violated by a law, will result in that law being struck down. For example:

Due Process Clause (Fifth and Fourteenth Amendments): Laws that deprive individuals of life, liberty, or property without due process of law are unconstitutional. The ruling in Roe v. Wade (1973), which was later overturned in Dobbs v. Jackson Women’s Health Organization (2022), used the Due Process Clause to argue that a woman's right to privacy was infringed upon by state laws banning abortion, rendering those laws null and void.

Equal Protection Clause (Fourteenth Amendment): Laws that discriminate against certain groups are often invalidated under this clause. In Brown v. Board of Education (1954), laws permitting racial segregation in public schools were deemed unconstitutional, effectively nullifying the "separate but equal" doctrine established in Plessy v. Ferguson (1896) [3].

4. Historical Context and Court Decisions:

Throughout U.S. history, many laws have been rendered null and void when they were found to be unconstitutional:

Loving v. Virginia (1967): The Supreme Court invalidated state laws banning interracial marriage, holding that such laws violated the Equal Protection Clause of the Fourteenth Amendment [4].

Obergefell v. Hodges (2015): This case invalidated state laws prohibiting same-sex marriage, with the Court ruling that these laws violated both the Equal Protection and Due Process Clauses of the Fourteenth Amendment [5].

Conclusion:

A law is rendered null and void when it conflicts with the U.S. Constitution, as determined by the judicial system, particularly through the process of judicial review. The Supremacy Clause, along with specific constitutional protections like the Due Process and Equal Protection Clauses, form the legal foundation for invalidating unconstitutional laws. Historical cases like Marbury v. Madison, Brown v. Board of Education, and Obergefell v. Hodges illustrate how laws have been struck down when they fail to meet constitutional standards.

Sources

1 The United States Supreme Court Edited by Christopher Tomlins

2 On the Constitution of the United States by Joseph Story

3 U.S. Constitution for Everyone by Mort Green

4 The Constitution of the United States of America as Amended. Unratified Amendments. Analytical Index by Henry Hyde

5 The Making of America by W. Cleon Skousen