Understanding Unconstitutional Laws and the Role of the Supreme Court

Unconstitutional laws are a significant challenge to the integrity of the legal system in the United States. While the idea of filing a lawsuit to nullify an unconstitutional law seems appealing, the reality is more complex and often discouraging. This article aims to clarify the process and implications of challenging unconstitutional laws, providing insights into how courts, particularly the Supreme Court, handle such cases.

The Constitution as the Supreme Law of the Land

At its core, the Constitution is the supreme law of the land, as defined by the supremacy clause. Any law that contradicts the Constitution is deemed null and void, and thus not a valid law. This means that whenever a law violates constitutional principles, it cannot hold legal standing and is automatically invalidated.

For instance, the Affordable Care Act (ACA), colloquially known as 'Obamacare,' initially attempted to compel Americans to purchase health insurance. This was a clear violation of the Constitution, as Congress does not have the power to compel such actions. However, the Supreme Court narrowly ruled that the penalty for not purchasing health insurance was recharacterized as a tax, thereby permitting the law's continuation.

Challenging Unconstitutional Laws

Individuals or organizations can challenge unconstitutional laws if they are directly harmed by them. If a person is fined or penalized by an unconstitutional provision, they can legally contest the validity of the law. This process often requires going through the court system, including the Supreme Court.

For example, in the case of the ACA, a person could have challenged the fine they were penalized with. The case might have made its way up to the Supreme Court, where the court would ultimately determine whether the law was constitutional or not. However, this process is not straightforward, and there are several hurdles that need to be overcome.

The Challenges of Challenging Unconstitutional Laws

One of the main challenges in challenging unconstitutional laws is the requirement of legal standing. Legal standing refers to the right of an individual or organization to bring a lawsuit. Not everyone has standing to challenge a law, and determining who does can be complex.

For instance, the entire Department of Education is often cited as an unconstitutional entity, as Congress does not have the constitutional authority to establish such a department. However, there is no one with legal standing to challenge the funding laws that created the Department of Education. Therefore, the department continues to function without any challenge to its constitutionality.

Aloha to the Legislative and Executive Branches

The actions of Congress and the President can often be unconstitutional, but there is no routine process for reviewing such laws. Most unconstitutional laws remain on the books indefinitely due to the lack of a feasible way to challenge them. The President's actions, such as unilateral forgiveness of student loans, can be problematic if the legal standing of the individuals affected is unclear.

For example, when President Biden decided to forgive billions of dollars in student loans, it was done on a discretionary basis. However, few individuals had the legal standing to contest this action. Congress's subsequent attempt to fund it further complicates the issue, as it appears to endorse unconstitutional actions.

Conclusion

In conclusion, while there is a theoretical framework to challenge unconstitutional laws, the practical challenges are significant. The Supreme Court plays a crucial role in interpreting the Constitution and declaring laws unconstitutional, but this process is not routine and can be lengthy. The situation is often discouraging, given the constant constitutional violations by legislative and executive branches, but voting out those in power remains one of the most effective means of promoting constitutional governance.

God bless the USA! As we navigate the complex and ever-evolving landscape of constitutional law, it is important to remain informed and engaged in our democratic processes.