The principle that a statute repugnant to the Constitution is null and void is a fundamental concept of constitutional law, particularly in systems like the United States that operate under the principle of judicial review. This principle is often referred to as constitutional supremacy.
Here's a breakdown of what that means:
Constitutional Supremacy: The Constitution is the supreme law of the land. Any law, whether enacted by a legislature (like Congress or a state legislature) or created by an administrative agency, that conflicts with the Constitution is invalid.
Judicial Review: The power of judicial review, most famously established in the U.S. case Marbury v. Madison (1803), allows courts to determine whether a law is constitutional. If a court finds a law to be unconstitutional, the court can declare it null and void, meaning it has no legal effect.
Repugnancy: This refers to the conflict between the statute and the Constitution. A statute is repugnant if it violates a specific provision of the Constitution, such as infringing on a protected right (e.g., freedom of speech), exceeding the powers granted to the government, or violating the separation of powers.
Null and Void: This means the statute is of no force or effect from the moment it was enacted (or from the moment the Constitution was adopted, if the statute predates the Constitution). It's as if the law never existed. It cannot be enforced, and any actions taken under the law are also invalid.
Key Considerations:
Presumption of Constitutionality: Courts generally start with the presumption that a statute is constitutional. The burden of proof is on the party challenging the law to demonstrate its unconstitutionality.
Narrow Interpretation: Courts will often try to interpret a statute in a way that avoids constitutional problems. This might involve reading the statute narrowly or limiting its application.
Severability: If only part of a statute is found to be unconstitutional, the court may strike down only that part, leaving the rest of the statute intact if the remaining provisions can still function independently. This is known as severability.
Standing: To challenge the constitutionality of a statute in court, a person must have "standing," meaning they must have suffered a direct and concrete injury as a result of the law.
Examples:
A law that prohibits people from criticizing the government would likely be found unconstitutional as a violation of the First Amendment's guarantee of freedom of speech.
A state law that discriminates against people based on their race would likely be found unconstitutional as a violation of the Fourteenth Amendment's equal protection clause.
A federal law that attempts to regulate an area that is exclusively reserved to the states under the Tenth Amendment could be found unconstitutional as exceeding the powers delegated to the federal government.
The principle that a statute repugnant to the Constitution is null and void is a cornerstone of constitutionalism, ensuring that government power is limited and that individual rights are protected.
The U.S. Constitution addresses the issue of statutes being null and void through the Supremacy Clause found in Article VI, Clause 2. This clause establishes that:
The Constitution itself, along with federal laws made pursuant to it and treaties made under its authority, constitute the "supreme Law of the Land."
Judges in every state are bound by the Constitution and federal laws, regardless of any conflicting state constitution or law.
Consequently, if a statute—whether federal or state—is repugnant or in conflict with the Constitution, it is considered invalid or "null and void" because it cannot supersede the supreme law established by the Constitution.
This principle means that:
No law that conflicts with the Constitution can have legal effect.The power of judicial review, established by the Supreme Court in Marbury v. Madison (not in the text but a foundational case), allows courts to invalidate any statute that violates constitutional provisions.
The Constitution’s supremacy ensures that all government action, including statutes, must conform to its requirements; otherwise, those statutes are void.
In summary, while the Constitution does not explicitly say "statutes repugnant to the Constitution are null and void" in those exact words, through the Supremacy Clause it makes clear that the Constitution overrides conflicting laws, thereby rendering unconstitutional statutes invalid and without legal force.