Definition Edit

Unconstitutional means that a law or regulation is not in accord with the principles set forth in the constitution of a nation or a state.

U.S. Constitution Edit

If a law is found to be unconstitutional, the court will declares it void in whole or in part. The portion of the law that is declared void is considered to be struck down, or the entire statute is considered to be struck from the statute books.

To challenge the constitutionality of a statute, a plaintiff "must show that the alleged unconstitutional feature of the statute injures him."[1]

References Edit

  1. United States v. Herrera, 584 F.3d 1137, 1148 (2d Cir. 1978) (full-text); see also Pacific Capital Bank N.A. v. Connecticut, 542 F.2d 341, 350 (2d Cir. 2008) (full-text).

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