Is a law repugnant to the Constitution void?
Asked by: Ilene Morissette | Last update: February 28, 2026Score: 4.7/5 (40 votes)
Yes, a law that is repugnant (contradictory or inconsistent) to the U.S. Constitution is considered void, meaning it's invalid and has no legal force, a principle established by the landmark Supreme Court case Marbury v. Madison (1803) through judicial review. This means courts, and ultimately the judiciary, have the power to strike down legislative or executive actions that violate the Constitution, as it is the supreme law of the land.
What does a law repugnant to the Constitution is void mean?
“A Law repugnant to the Constitution is void.” With these words written by Chief Justice Marshall, the Supreme Court for the first time declared unconstitutional a law passed by Congress and signed by the President. Nothing stated in the Constitution gave the Court this specific power.
Can a law contradict the Constitution?
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.
What was the famous quote from Marbury v Madison?
Marbury v. Madison | Quotes
- Some point of time must be taken when the power of the Executive over an officer, not removable at his will, must cease. ...
- The value of a public office, not to be sold, is incapable of being ascertained. ...
- It is emphatically the duty of the Judicial Department to say what the law is.
What does repugnant mean in the Constitution?
Repugnancy means a contradiction between two laws which when applied to the same set of facts produce different results. It is used to describe inconsistency and incompatibility between the Central laws and State laws when applied in the concurrent field.
USH Headlines A Law Repugnant to the Constitution Is Void
Does any law supersede the Constitution?
The core message of the Supremacy Clause is simple: the Constitution and federal laws (of the types listed in the first part of the Clause) take priority over any conflicting rules of state law. This principle is so familiar that we often take it for granted.
What does repugnant mean in law?
In legal ethics, however, “repugnant” connotes “disgust-based morality.” Something is repugnant when condemned as repulsive or immoral.
What was Ruth Bader Ginsburg's most famous quote?
“Fight for the things that you care about. But do it in a way that will lead others to join you.”
Which two laws did the Supreme Court declare to be unconstitutional?
The Supreme Court declared two major New Deal laws unconstitutional: the National Industrial Recovery Act (NIRA) in 1935 and the Agricultural Adjustment Act (AAA) in 1936, striking down federal overreach in economic regulation, followed by rulings against state laws like minimum wage, leading to intense conflict with President Roosevelt.
What is Marshall McLuhan's most famous saying?
“The medium is the message.” “We shape our tools and thereafter our tools shape us.” “We look at the present through a rear-view mirror. We march backwards into the future.” Those are just a few of Marshall McLuhan's famous quotes.
Who can overrule the Constitution?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
What happens if a law does not follow the Constitution?
If the Supreme Court decides that the law does not follow the Constitution, then the law is no longer valid. These decisions affect everyone in the United States. The Supreme Court's decisions are final and all other laws must follow them.
Who can overturn a law that's unconstitutional?
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
What is the court obligated to do when a law contradicts the Constitution?
Federalist No. 78 says that the federal courts have the power "to pronounce legislative acts void, because contrary to the Constitution". Federalist No. 80 asserts that the final authority to interpret the Constitution and federal law lies in the federal courts, not the states, because of the need for uniformity.
What did John Marshall say about the Constitution?
Marshall reasoned that Congress could not give the Court powers that were not included in the Constitution, so the part of the Judiciary Act that gave the Court the ability to hear original suits seeking writs of mandamus was unconstitutional.
Can the Supreme Court declare laws unconstitutional?
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
Can Congress pass laws that violate the Constitution?
Congress does not have the power to pass laws that override the Constitution, such as by expanding the scope of the Supreme Court's original jurisdiction.
What is the most famous Court case ever?
There's no single "most famous" case, but top contenders include Dred Scott v. Sandford (slavery/Civil War), Brown v. Board of Education (desegregation), Roe v. Wade (abortion rights), Miranda v. Arizona (rights of the accused), and the O.J. Simpson trial (media spectacle/criminal law), each famous for profound societal impact or massive public attention, shaping American law and culture.
Did Ruth Bader Ginsburg support LGBTQ?
Yes, Ruth Bader Ginsburg was a strong supporter of LGBTQ+ rights, consistently voting for equality, joining landmark majority opinions like Obergefell v. Hodges (marriage equality) and Bostock v. Clayton County (employment discrimination), and even officiating same-sex weddings, viewing LGBTQ+ equality as a natural extension of her lifelong fight for gender equality.
What is the most famous quote in the whole world?
There's no single "most famous" quote, but top contenders include iconic lines like Neil Armstrong's "That's one small step for man, one giant leap for mankind", Shakespeare's "All the world's a stage," and famous advice like "If you can dream it, you can do it" (Walt Disney) or "The unexamined life is not worth living" (Socrates), often cited for their profound impact and widespread recognition.
Who was the notorious associate justice of the Supreme Court?
Joan Ruth Bader Ginsburg (/ˈbeɪdər ˈɡɪnzbɜːrɡ/ BAY- dər GHINZ-burg; née Bader; March 15, 1933 – September 18, 2020)was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020.
Is agathokakological a real word?
Yes, agathokakological is a real, albeit rare, English word meaning "composed of both good and evil," derived from Greek roots for "good" (agathos) and "bad" (kakos). Coined by Robert Southey in the 1830s, it's considered a "nonce word," used for special occasions, and is recognized in major dictionaries like Merriam-Webster.
What's a word that means "not allowed by law"?
illegal. prohibited by law or by official or accepted rules. adjective. excluded from use or mention. synonyms: forbidden, out, proscribed, taboo, tabu, verboten.
What is the rule of lenity in law?
The rule of lenity requires that ambiguous statutes must be interpreted in favor of criminal defendants if other standard interpretive tools cannot resolve the ambiguity. This longtime rule promotes the principle of due process and the separation of powers.