Unconstitutional
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unconstitutional
adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution. The ultimate determination of constitutionality is the United States Supreme Court. Unconstitutional can also refer to violations of a state constitution. (See: constitution, supreme court)
UNCONSTITUTIONAL. That which is contrary to the constitution.
2. When an act of the legislature is repugnant or contrary to the
constitution, it is, ipso facto, void. 2 Pet. R. 522; 12 Wheat. 270; 3 Dall.
286; 4 Dall. 18.
3. The courts have the power, and it is their duty, when an act is
unconstitutional, to declare it to be so; but this will not be done except
in a clear case and, as an additional guard against error, the supreme court
of the United States refuses to take up a case involving constitutional
questions, when the court is not full. 9 Pet. 85. Vide 6 Cranch, 128; 1
Binn. 419; 5 Binn. 355; 2 Penna 184; 3 S. & R. 169; 7 Pick. 466; 13 Pick.
60; 2 Yeates, 493; 1 Virg. Cas. 20; 1 Blackf. 206 6 Rand. 245 1 Murph. 58;
Harper, 385 1 Breese, 209 Pr. Dee. 64, 89; 1 Rep. Cons. Ct. 267 1 Car. Law
Repos. 246 4 Munr. 43; 5 Hayw. 271; 1 Cowen, 550; 1 South. 192; 2 South.
466; 7 N H. Rep. 65, 66; 1 Chip, 237, 257; 10 Conn. 522; 7 Gill & John. 7; 2
Litt. 90; 3 Desaus. 476.