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Can declaring laws unconstitutional be a good thing? It can be seen as a way of ensuring that the government is following the Constitution, but it can also be seen as a way of subverting the will of the people.
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Introduction
The Constitution of the United States is the supreme law of the United States of America. The Constitution, originally comprising seven articles, delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: legislative, executive, and judicial. Article IV, Article V and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments and of the states in relationship to the federal government. Article VII establishes the procedure subsequently used by the thirteen States to ratify it.
The Constitution was signed on September 17, 1787 by delegates to the Constitutional Convention in Philadelphia, Pennsylvania. It went into effect on March 4, 1789 when the first Congress meeting under its provisions convened in New York City. Since then it has been amended twenty-seven times; particularly important amendments include those extending voting rights (fifteenth), outlawing slavery (thirteenth), establishing civil rights and liberties (fourteenth), as well as those providing for direct election of Senators (seventeenth), for voting rights regardless of race or previous condition of servitude (nineteenth), for prohibition (eighteenth) and for repeal of prohibition (twenty-first). In general, amendments expand individual civil rights and liberties and define citizenship privileges and immunities; most state constitutions have been similarly amended since 1787.
What is the Constitution?
The Constitution of the United States is the supreme law of the United States of America. This founding document, originally comprising seven articles, delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, executive, and judicial. Article IV, Article V and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, territorial governments and Indian tribes in relation to the federal government, as well as describing the limitations imposed upon all three governments. Article VII establishes mechanisms for ratification. In general, amendments to the Constitution entail a two-thirds majority vote in both houses of Congress (the Senate and House of Representatives), followed by ratification by three-fourths (currently 38) of state legislatures or conventions called for that purpose.
What are Unconstitutional Laws?
Unconstitutional laws are laws that go against the supreme law of the land, which is the Constitution. When a law is declared unconstitutional, it means that it is no longer valid and must be removed from the books.
Why are Unconstitutional Laws a Good Thing?
There are many reasons why unconstitutional laws can be a good thing. One reason is that they can help protect the rights of minority groups. Unconstitutional laws can also help to ensure that the government is following the rule of law. Finally, unconstitutional laws can help to ensure that the government is accountable to the people.
How do Unconstitutional Laws Help Us?
Unconstitutional laws are those that conflict with the Constitution. The Constitution is the supreme law of the land, and any other law that goes against it is null and void. So, technically speaking, all unconstitutional laws should be void. However, this is not always the case. Sometimes, these laws can actually help us by providing a check on government power.
Here’s an example: Suppose the government passes a law that makes it a crime to criticize the president. This law would be clearly unconstitutional, as it violates our First Amendment right to free speech. But by declaring this law unconstitutional, we are also sending a message to the government that they cannot infringe on our basic rights. This check on government power can help keep our government in line and prevent them from trampling on our rights.
Of course, there are also times when declaring a law unconstitutional can have negative consequences. For instance, if the Supreme Court were to declare the Affordable Care Act (Obamacare) unconstitutional, it would strip millions of people of their health insurance and potentially cause chaos in the insurance markets. So while declaring laws unconstitutional can sometimes be a good thing, it’s not always a positive development.
What are the Consequences of Unconstitutional Laws?
When the government declares a law unconstitutional, it means that the law in question violates one or more of the provisions of the Constitution. This can happen at either the federal or state level.
The Constitution is a living document, which means that it can be amended as needed. However, this process is not always easy or straightforward. In some cases, it may be necessary for the government to declare a law unconstitutional in order to protect the rights of its citizens.
There are both positive and negative consequences of declaring laws unconstitutional. On the one hand, it can lead to increased protection for individual rights. On the other hand, it can also lead to government gridlock and may make it more difficult to pass future laws.
It is important to weigh all of the potential consequences before taking any action. In some cases, declaring a law unconstitutional may be the best course of action. In others, it may be better to work within the existing system to make changes.
What are Some Examples of Unconstitutional Laws?
Many people believe that declaring laws unconstitutional is a bad thing, but there are actually some benefits to this process. For one, it helps to ensure that the rights of the people are protected. It also allows for a faster and more efficient way to get rid of bad laws.
Some examples of Unconstitutional laws include:
-Laws that discriminate against a certain group of people
-Laws that violate the rights of the people
-Laws that are unjust or unfair
Conclusion
In conclusion, while there are dangers associated with judicial review, it can also be a force for good. It allows the courts to strike down laws that violate the Constitution, and this can protect individual rights. It can also help to ensure that the government operates within the bounds established by the Constitution.
Further Reading
-Linda R. Monk, The Bill of Rights: A User’s Guide ( Simon & Schuster, 2005).
-Akhil Reed Amar, America’s Unwritten Constitution: The precedents and principles We Live By (Basic Books, 2012).
-Keith E. Whittington, Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review (Westview Press, 1999).
References
There are a few reference points that can be used to help illustrate whether or not declaring laws unconstitutional can be a good thing. The first is the fact that the very existence of the Supreme Court provides a check on the power of the legislature and executive branch. If the Court were not there to declare laws unconstitutional, then it would be left up to Congress or the President to determine whether or not a law was constitutional, which would allow them to pass unconstitutional laws without any check on their power. Additionally, declaring laws unconstitutional can help protect individual rights from being violated by the government. If the government knows that its laws could be struck down as unconstitutional, then it is less likely to pass laws that violate individual rights. Finally, declaring laws unconstitutional can also be seen as a way of preserving the rule of law by ensuring that laws are consistent with the Constitution. If laws were allowed to stand even if they violated the Constitution, then it would undermine the rule of law and give too much power to those in government.
