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Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

What laws violate the U.S. constitution?

My family has been arguing this for several years, (I wish I could move away, but as long as mom holds control of my SSI, I can not go anywhere) and I have now decided to seek a outside point of view. Some say that there are none, because if they violate, they are dead, others say that it does not matter if they violate, because the constitution is a guide-line, not the supreme law, and a few say that the government would never try to pass laws that they know would have no power.

Can you name any laws (U.S laws only, federal, state, county...) that violate the U.S constitution, and how it/they violate?

You do not have to know the law numbers, just what they are and how they violate.

Thank you.

7 Answers

  • Favorite Answer

    The Constitution IS the Supreme Law of the land. Full stop. It is true that it's a living document, and as such, it can be changed, but ONLY through the procedures set out for Amendments.

    Until it is changed, it overrules all other law in the country, both State and Federal. If a law is held to be unconstitutional by the Supreme Court, then it is invalid on the face of it, and is unenforceable in so far as it's in violation. Laws are often only partially found in violation, which maintains the remainder of the law in force, but may strike down specific portions.

    So effectively, there are NO laws which have been found to be unconstitutional, because once they are, they lose the force of law. That does not mean that there are not laws out there which contravene the Constitution, just that none of them have been adjudicated as such.

    So the simple rule is that a law is constitutional and valid until the Supreme Court decides otherwise, and IMMEDIATELY invalid once they do so decide. That's their job, that's what they are for.

  • Anonymous
    1 decade ago

    The reason they call them "Ammendments to the Constitution" is becasue they "Ammend the constitution" Anyone who says the Constitution isn't a set of guidelines that governs what the Feds can and cannot do to us wasn't paying attentioin in American History.

    Its only "Supreme Law of the land" when communication breaks down between the government and its citizens and if thats the case then the Constitution is no longer valid.

  • ?
    Lv 5
    1 decade ago

    Since the constitution is considered a living document and open to interpretation it is difficult to say something is distinctly violating it. I'm sure you will get several extreme right and extreme left views in these responses pointing out specific bits and pieces that they believe violate the constitution but it is a guidebook not a set in stone series of rules that can never be changed.

    After all there is a process to amend it.

  • 6 years ago

    ACA (Obamacare) is a violation of the Constitution, it forces Americans to buy a product or be fined/taxed whichever they are calling it today.

  • 1 decade ago

    The Patriot Act.

    It gave the government to declare anyone who breaks a law or threatens the US a terrorist. It also gives them the right to hold a terrorist indefinately without trial.

    That means if you break a law and the government wants to, it can declare you a terrorist and send you to GB without a trial for the rest of your life.

    One of the Amendments (6th) gives us the right to a fair trial. The Patriot Act goes directly against that.

  • Anonymous
    1 decade ago

    The constitution is not a guideline, it is the supreme law of the land.

    Judges, Military Officers, FBI Agents, members of congress, etc, do you know who they swear to defend when they take their oath of office? THE CONSTITUTION!!!!

  • Anonymous
    1 decade ago

    the heathcare bill

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