What would happen if a law today conflicted with the Constitution?
Asked by: Lorenzo Breitenberg Jr. | Last update: December 8, 2025Score: 4.4/5 (47 votes)
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What happens when laws conflict with the Constitution?
The complex role of the Supreme Court in this system derives from its authority to invalidate legislation or executive actions which, in the Court's considered judgment, conflict with the Constitution.
What happens if a state law contradicts the Constitution?
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
What happens if a law violates the Constitution?
When a court declares a statute unconstitutional or enjoins its enforcement, the disapproved law is de scribed as having been “struck down” or rendered “void” — as if the judiciary holds a veto-like power to cancel or revoke a duly enacted statute.
What happens when an act of Congress conflicts with the Constitution?
Since Article VI of the Constitution establishes the Constitution as the Supreme Law of the Land, the Court held that an Act of Congress that is contrary to the Constitution could not stand.
What Happens If The Supreme Court Rules That A State Law Is In Conflict With A National Law?
What happens when legislative acts are contrary to the Constitution?
“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.
Can Congress pass a law that contradicts the Constitution?
Congress can pass any law it wants, but won't be enforceable if it contradicts a SCOTUS ruling on the Constitution But Congress can overrule SCOTUS when it interprets laws passed by Congress.
Can a law be passed that interferes with constitutional rights?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What happens if your constitutional rights are violated?
First any claims of constitutional-rights violations must be raised to the trial court and proved. If unsuccessful, the claims can be raised on appeal and a higher court will determine whether any of the defendant's rights were violated. Further appeals on constitutional grounds are possible.
What laws are forbidden by the Constitution?
No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State.
What if a state or local law conflicts with the Constitution?
When state law and federal law conflict, federal law displaces, or preempts, state law, due to the [wex:Supremacy Clause] of the Constitution. U.S. Const. art. VI., § 2.
Are state laws invalid when in conflict with the Constitution?
State or local laws held to be preempted by federal law are void not because they contravene any provision of the Constitution, but rather because they conflict with a federal statute or treaty, and through operation of the Supremacy Clause.
What is constitutional conflict?
In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this definition.
How does the Constitution affect our laws?
The Constitution assigned to Congress responsibility for organizing the executive and judicial branches, raising revenue, declaring war, and making all laws necessary for executing these powers.
Which is the most powerful Supreme Court in the world?
The Indian Supreme Court has been called “the most powerful court in the world” for its wide jurisdiction, its expansive understanding of its own powers, and the billion plus people under its authority.
What happens when a law violates the Constitution?
The law is in effect if it was passed. Even though it is a violation of the constitution is is enforceable until someone challenges it. Then it works it's way up the judiciary until it gets to the SCOTUS.
Is it a crime to violate the Constitution?
Aside from occasional public disapprobation, there is no penalty for violating the Constitution generally or the First Amendment in particular.
Can you sue the government for violating the Constitution?
Yes. California is one of eight states to enact a statute creating a private right of action for damages for violations of its constitution.
What happens if a law is passed that conflicts with the U.S. Constitution?
The Federalist # 78 states further that, if any law passed by Congress conflicts with the Constitution, "the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."
Can any law go against the Constitution?
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any ...
What if my constitutional rights are violated?
If you believe your constitutional rights have been violated, the best thing to do is to contact a lawyer. A lawyer can help you understand your rights and advise you on the best action. An experienced attorney can also help you determine if you have a valid legal claim and represent you in court if necessary.
What is the Court obligated to do when a law contradicts the Constitution?
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 3 things is Congress forbidden to do by the Constitution?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Does the Constitution say no one is above the law?
Another important idea is the “rule of law.” The rule of law means that everyone must obey the law and no one is above the law. This means that the government and its leaders must also obey the law. Our Constitution was written in 1787.