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The first time the Court declared a federal law unconstitutional was in Chief Justice John Marshall's opinion for Marbury v. Madison, 5 US 137 (1803), in which he asserted Section 13 of the Judiciary Act of 1789 was unconstitutional because it extended to the Supreme Court an act of original jurisdiction not explicitly granted by the Constitution.
Unconstitutional and Preempted Laws 1789-2002*
According to the GPO (Government Printing Office Database):
1789-2002 Acts of Congress Held as Unconstitutional..............................158
* It appears these statistics are only updated every ten years; therefore, the number shown is out-of-date and should only be used as a general guide.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoThe US Supreme Court found 158 Acts of Congress unconstitutional, in whole or in part, between the years 1789 and 2002, the most recent year for which data is available. A list of specific cases would be too large for this format; however, you can retrieve a .pdf document containing the requested information from the Government Printing Office (GPO).
See Related Links, below, to access the correct search page. The requested report should be at the top of the database list.
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What branch of gov can declare an act of congress to be unconstitutional?
The federal Judicial Branch, consisting of the US District Courts, the US Court of International Trade, the US Court of Appeals Circuit Courts and the US Supreme Court can declare acts of Congress unconstitutional, but only if the act has already been signed into law and is relevant to a case before the court.The US Supreme Court is head of the Judicial Branch and is the ultimate authority on constitutionality.
Were The Intolerable Acts of 1774 unconstitutional?
Under the Constitution of the United Kingdom, the Intolerable (Coercive) Acts of 1774 were not unconstitutional. In fact, it is clearly stipulated in the Constitution of the United Kingdom that "No Act of Parliament can be unconstitutional, for the law of the land knows not the word or the idea." The Intolerable Acts also cannot have been considered unconstitutional under the United States Constitution as it was not yet established at the time.
What were the aliens and sedition acts?
Passed by the U.S. Congress in 1798, these laws purportedly were to protect the country from enemy aliens (residents of countries inimical to the U.S.). These acts later expired or were repealed and held to have been unconstitutional. You may see the Related Link for more information.
An act of congress which has been signed by the president or passed over his veto?
Laws are acts that are signed by the president of passed by Congress over his veto.
Why did people say Andrew Jackson was a king?
Because he viewed his office as President in a new way, as the premier representative of the people and so he used his veto power in new way-- to veto any act of Congress which he felt was detrimental to the interest of the common people. He vetoed 12 acts of Congress in his 8 years-- the 6 earlier presidents had only vetoed acts seemed to be unconstitutional and a total of 6 vetoes had been cast. He was also criticized for having advisers in his "kitchen cabinet" that were not formally approved by Congress to be in his official cabinet.
What was Andrew Johnson impreached for?
He was impeached for ignoring the Tenure of Office Act of 1867, which he believed to be unconstitutional. It had been passed by Congress over President Johnson's veto.
Good acts and bad acts of man?
One of the most worst acts ever passed is the education act of going to school. That is the worst act that has ever been passed by congress or the white House
Can congress pass laws regarding marriage?
Yes they can, and they have. Some have been declared unconstitutional by the Supreme Court after being passed. In general, federal law supersedes state law.
Did the Vietnam era draft violate the 13th amendment against involuntary servitude?
No. The draft law has never been successfully challenged, and no court has ever ruled that the Vietnam-era draft was unconstitutional.
Is euthanasia unconstitutional?
In the United States, state-sponsored involuntary euthanasia (more commonly called the death penalty) has been ruled constitutional provided the person does not experience pain during the administration.
Has the state constitution of Colorado been amended to prohibit same-sex marriage in that state?
Yes, in 2006. It now states that marriage is only between a man and a woman. That amendment has since been ruled unconstitutional by state and federal courts.
Which branch of the federal government has the power to declare the law unconstitutional?
Judicial :)
