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The list would be too long for this format. The US Supreme Court has declared a total of 1,315 laws (as of 2002, the most recent year for which statistics are available; the database may be updated in 2012) unconstitutional using the process of judicial review.

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

1789-2002 State Statutes held unconstitutional......................................935

1789-2002 City Ordinances held unconstitutional....................................222

1789-2002 State and City laws preempted by Federal Laws.......................224

Total State, Local and Federal Laws Declared Unconstitutional................1,315

Total State and Local Law Preempted by Federal Laws..............................224

Total Laws Overturned, all governments..............................................1,539

You can find a list of federal laws held unconstitutional by the Supreme Court; state and local laws held unconstitutional or preempted by federal laws; and Supreme Court decisions overruled by subsequent decision, at the end of the congressional publication The Constitution of the United States of America: Analysis and Interpretation(popularly known as the Constitution Annotated, or CONAN).

This publication is prepared by the Congressional Research Service and issued as a U.S. Senate document every 10 years and is updated by a cumulative supplement every two years. The latest edition and supplement are available online to the general public at the Government Printing Office's Federal Digital System (FDsys) Web site: (See Related Links, below. It will be listed in the "Featured Collections" menu on the right.) Your congressman has access to a more frequently updated version of the Constitution Annotated in XML format, but this version is not currently available to the public.

Here is a table of the total numbers for each category taken from the June 2002 edition and the 2010 cumulative supplement:

1789 - 2002

Acts of Congress held unconstitutional.......................................158

State laws held unconstitutional...................................................935

Ordinances held unconstitutional.................................................122

State and local laws held preempted by federal laws…...............224

Supreme Court decisions overruled by subsequent decision.......220

1789 - 2010

Acts of Congress held unconstitutional........................................165

State Laws held unconstitutional..................................................948

Ordinances held unconstitutional..................................................124

State and local laws held preempted by federal laws....................234

Supreme Court decisions overruled by subsequent decision........233

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Q: How many laws has the US Supreme Court declared unconstitutional?
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Related questions

What can the state do to laws they think are unconstitutional?

They can appeal to the United States Supreme Court to have the law be declared unconstitutional by the Supreme Court's right to judicial review.


The Supreme Court declared this type of veto unconstitutional?

The Supreme Court declared the line item veto unconstitutional for federal laws. The line item veto is used by governors of 43 states, however.


How many laws has the US Supreme Court declared unconstitutional in the 19th century?

I am not sure


The Kentucky and Virgina Resolutions declared that?

States declare laws unconstitutional, not the Supreme Court.


Can laws be declared unconstitutional?

Yes. As stated in the Constitution, the Supreme Court can reject any law passed by Congress if it is deemed unconstitutional.


How did Andrew Jackson respond to the supreme court decision that declared georgias Indian removal laws unconstitutional?

He ignored the court’s ruling


How did Andrew Jackson respond to the Supreme Court decision that declared Georgia's Indian removal laws unconstitutional?

He ignored the court's ruling.


Does the Supreme Court determine if laws are unconstitutional?

Yes, the Supreme Court can determine that a federal or state law is unconstitutional.


How did Andrew Jackson respond to the Supreme Court decision that declared Georgia Indian removal laws unconstitutional?

He ignored the Court's ruling (Apex)


Why did treatment of Cherokee get worse after the supreme court declared georgias Indian removal laws to be unconstitutional?

The federal government did not enforce the court's decision.


Why did treatment of Cherokee get worse after the Supreme Court declared Georgias Indians removal laws to be unconstitutional?

The federal government did not enforce the court's decision.


Why did treatment of Cherokee get worse after the Supreme Court declared Georgia's Indian removal laws to be unconstitutional?

The federal government did not enforce the Court's decisions.


Who can declare laws unconstitutional?

supreme court


What happens to a law the US Supreme Court overturns?

It is nullified and can no longer be applied. Congress sometimes rewrites laws the Court has declared unconstitutional and passes them in a form more acceptable to the Supreme Court.


What can the US Supreme Court do if a law is unconstitutional?

If a law is challenged in court or is relevant to a case appealed to the US Supreme Court, and the US Supreme Court declares the law unconstitutional, it will be nullified, or overturned. Unconstitutional laws are unenforceable.


Can the United State Supreme Court declare laws enacted by state legislatures unconstitutional?

Can the U.S Supreme Court declare laws enacted by state legislatures unconstitutional?


How did Andrew Jackson respond to the supreme courts decision which declared georgics Indian removal laws unconstitutional?

He ignored the court's ruling.


What is one way the supreme court can check the senate?

the supreme court can declare laws unconstitutional


What is one way the the supreme court can check the senate?

the supreme court can declare laws unconstitutional


What one way the Supreme Court can check the Senate?

the supreme court can declare laws unconstitutional


What is one way the Supreme Court check the Senate?

the supreme court can declare laws unconstitutional


What is the check that the SCOTUS has on the other two branches of government?

When Congress passes laws, they go through a period of judicial review where the Supreme Court can declare the law as unconstitutional and have it not pass. The Supreme Court can also declared executive orders unconstitutional as well.


What is the process to have a law declared unconstitutional?

Judicial Review; It is the process of the supreme court to declare laws null and void if they pose conflict to the constitution.


Why did treatment of Cherokee get a worse after the supreme court declared Georgia's Indian removal laws to be unconstitutional?

The federal government


How does The Supreme Court checks Congress?

By accepting, reviewing, and ruling court cases the Supreme Court can deem laws unconstitutional.