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unusual facts about unconstitutional



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6th Amendment

Sixth Amendment of the Constitution of Ireland—ensured that certain adoption orders would not be found to be unconstitutional because they had not been made by a court.

Ackley, Iowa

The Iowa state constitution was amended in 1882, making the production and sale of alcoholic beverages illegal within the state (i.e. Iowa became a “dry state.”) The Supreme Court declared the amendment unconstitutional in 1883, but the Iowa legislature then passed another very strict prohibition law.

Article Six of the United States Constitution

In Martin v. Hunter's Lessee (1816), the Supreme Court confronted the Chief Justice of Virginia, Spencer Roane, who had previously declared a Supreme Court decision unconstitutional and refused to permit the state courts to abide by it.

Association of Christian Schools International

The National Center for Science Education noted, "One of the lawyers representing the plaintiffs is Wendell Bird, a former staff attorney for the Institute for Creation Research. As a special assistant attorney general for Louisiana, he defended the state's "equal time" law, which was ruled to be unconstitutional in Edwards v. Aguillard.

Barbara Brandriff Crabb

On April 15, 2010, Crabb ruled in a suit that the Freedom From Religion Foundation filed in 2008 against the Bush administration that the National Day of Prayer is unconstitutional.

Basic structure doctrine

On 31 July 1980, when Indira Gandhi was back in power, the Supreme Court declared sections 4 & 55 of the 42nd amendment as unconstitutional.

Benj. Franklin Savings and Loan

In 1996 the United States Supreme Court found that this and similar seizures were based on an unconstitutional provision of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA).

Board of Airport Commissioners of Los Angeles v. Jews for Jesus, Inc.

, 482 U.S. 569 (1987), is a case in which the United States Supreme Court held that an ordinance prohibiting all "First Amendment activities" in the Los Angeles International Airport was facially unconstitutional due to its overbreadth.

Bryant Bowles

In May 1954, the U.S. Supreme Court ruled that racially segregated public schools were unconstitutional.

Capital punishment in Louisiana

The Supreme Court, however, ruled it unconstitutional on 25 June 2008 in Kennedy v. Louisiana, saying "there is a distinction between intentional first-degree murder on the one hand and nonhomicide crimes against individual persons".

Caroline County, Virginia

Their case went to the Supreme Court of the United States, which in 1967 found anti-miscegenation statutes to be unconstitutional in Loving v. Virginia.

Chris Hedges

In May 2012, Judge Katherine B. Forrest of the Southern District of New York ruled that the counter-terrorism provision of the NDAA is unconstitutional.

Christine Comer

In mid 2008, Comer filed a suit in federal court in Austin, Texas, that stated that the policy she was terminated for contravening (which required employees to be neutral on the subject of creationism) was unconstitutional, as the Supreme Court of the United States has ruled that teaching creationism as science in public schools is illegal.

Civil Rights Act of 1875

The Supreme Court of the United States in a nearly unanimous decision declared the act unconstitutional in the Civil Rights Cases (1883) with Justice John Marshall Harlan providing the lone dissent.

Commissioner of Laws

According to Labour MP Owen Bonnici, the responsibilities of the post include working to remove conflicting, unconstitutional and human rights-breaching laws.

Committee of Sixty

The Committee of One Hundred still considered itself loyal to the British Crown, but was instead opposed to the laws of the Parliament of Great Britain which they considered unconstitutional because they had no representation in it.

Detroit Free Press v. Ashcroft

Believing this closure to be a violation to First Amendment rights to speech and press, The Detroit News, Detroit Free Press, Metro Times, Haddad, and Michigan Representative John Conyers filed a suit against John Ashcroft, Michael Creppy, and Immigration Judge Elizabeth Hacker (the Government) claiming that the Creppy Directive was unconstitutional.

Drew Edmondson

Following the 2002 federal appeals court decision declaring the Pledge of Allegiance unconstitutional, he joined several other state attorneys general in urging the U.S. Supreme Court to review the decision.

Firearm case law in the United States

In 2013, the Illinois Supreme Court in People v. Aguilar held that a total ban on carrying firearms outside the home violated the Second Amendment and was unconstitutional.

Fourth Amendment Protection Act

If enacted as law, they would prohibit the state governments from co-operating with the National Security Agency, whose mass surveillance efforts are seen as unconstitutional by the proposals' proponents.

Francis George

During his brief tenure, he led the Archdiocese's response to a tape recording by the Lane County jail of an inmate's sacramental confession; the Ninth Circuit Court of Appeals later ruled that the tape recording was an unconstitutional and illegal act.

German language in the United States

After teaching German, even in private schools, was forbidden in Ohio, Iowa and Nebraska there was a 1923 Supreme Court case (Meyer v. Nebraska) which ruled those laws unconstitutional.

Grover Rees, III

He wrote numerous law review articles, one of which declared the 1979 congressional vote to extend ratification of the Equal Rights Amendment for three additional years to be unconstitutional.

Harry M. Wurzbach

However, in United States v. Wurzbach, the United States Supreme Court ruled that Wurzbach had either not violated the law or, if he had, the law was unconstitutional.

Ina Rama

She was appointed in 2007, to replace Theodhori Sollaku, who had been removed from office through a procedure later ruled unconstitutional by the Constitutional Court of Albania.

Irving Peress

Dr. Peress invoked the Fifth Amendment dozens of times in his testimony, also stating that he had and would continue to oppose any group that sought a violent or unconstitutional overthrow of the U.S. government.

Jerry Behn

He called for voters to vote against retention for those Iowa Supreme Court justices who decided that Iowa's Defense of Marriage Act was unconstitutional in Varnum v. Brien.

Judiciary Act of 1789

A clause granting the Supreme Court the power to issue writs of mandamus outside its original jurisdiction was declared unconstitutional by Marbury v. Madison (1803) (5 U.S. 137), one of the seminal cases in American law.

LGBT rights in California

Perry v. Schwarzenegger decided that Proposition 8 was unconstitutional due to violations of the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution, but the United States Court of Appeals for the Ninth Circuit ordered a stay of the judgement pending appeal.

LGBT rights in Oklahoma

On January 14, 2014, U.S. District Court Judge Terence C. Kern ruled that Oklahoma's ban on same-sex marriage was unconstitutional.

LGBT rights in Puerto Rico

In 2003, the U.S. Supreme Court declared unconstitutional all state and territorial statutes penalizing consensual sodomy, including Puerto Rico's, in the case Lawrence v. Texas.

Lists of landmark court decisions

In 1948 the High Court of Australia found that the Chifley government's legislation to nationalise Australia's private banks was unconstitutional.

Music Under New York

In 1985, the MTA lifted the ban on subway performance in response to a case against Roger Manning in which the ban on performance was found to be unconstitutional.

Oklahoma Question 711

On January 14, 2014, Judge Terence C. Kern of the United States District Court for the Northern District of Oklahoma declared Question 711 unconstitutional.

Outright Libertarians

Even though the United States Supreme Court has ruled that sodomy laws are unconstitutional (see Lawrence v. Texas), Outright Libertarians seeks to have states repeal the laws from the books, such as the one in Utah.

Paul Berendt

Additionally, the state Democratic Party, along with the Republicans and Libertarians, sued and successfully overturned the state's former blanket primary election system after the United States Supreme Court found California's similar system unconstitutional in California Democratic Party v. Jones.

Pen register

It overturned Olmstead v. United States (1928) and held that warrantless wiretaps were unconstitutional searches, because there was a reasonable expectation that the communication would be private.

Quitman County, Mississippi

On July 24, 1969, federal judge William Keady found that Quitman County school officials were maintaining an unconstitutional de jure racially segregated school system, placing the school board under the supervision of United States District Court for the Northern District of Mississippi.

Ralph Nader presidential campaign, 2004

Secretary of State Bill Bradbury disqualified many of his signatures as fraudulent; the Marion County Circuit Court ruled that this action was unconstitutional as the criteria for Bradbury's disqualifications were based upon "unwritten rules" not found in electoral code, but the state Supreme Court ultimately reversed this ruling.

Robin Byrd

In 1978, the Eighth Circuit Court of Appeals struck as unconstitutional the FCC mandatory access regulations under which Byrd and Goldstein had challenged the cable provider's actions, but the U.S. Supreme Court disposed of the case on other grounds.

Sixth Amendment

Sixth Amendment of the Constitution of Ireland, ensured that certain adoption orders would not be found to be unconstitutional because they had not been made by a court

Smith v. Maryland

It overturned Olmstead v. United States and held that wiretaps were unconstitutional searches, because there was a reasonable expectation that the communication would be private.

Tallahassee Police Department

On April 30, 2010, Judge Richard Smoak ruled in favor of Brayshaw, striking down the 1972 Florida law, finding that the statute was "unconstitutional on its face".

Thomas Carmody

In 1913, he got involved in a controversy with zoo director William Temple Hornaday over the Federal Migratory Bird law which in Carmody's opinion was unconstitutional.

Timothy Tymkovich

On appeal, he contended that the felon-in-possession statute was unconstitutional in light of District of Columbia v. Heller, 128 S. Ct. 2783 (2008).

Treaty on the Creation of the USSR

On March 15, 1996, the State Duma of the Russian Federation expressed its legal position in relation to the decision of the Supreme Soviet of the RSFSR in "The denunciation of the Treaty establishing the Soviet Union" as the wrongful, unconstitutional act passed by a grave violation of the Constitution of the RSFSR, the norms of international law and then in force legislation.

United States v. Extreme Associates

On January 20, 2005, District Court Judge Gary L. Lancaster dropped the charges, agreeing with the defense that the federal anti-obscenity statutes were unconstitutional, as they violated a person's fundamental right to possess and view whatever they want in the privacy of their own home.

Utah Constitutional Amendment 3

On December 20, 2013, federal judge Robert J. Shelby of the U.S. District Court for Utah struck down Amendment 3 as unconstitutional under the Due Process and Equal Protection clauses of the U.S. Constitution.

Voter registration

The law was repealed just prior to the 2010 Federal election, when advocacy group GetUp! won a High Court decision deeming the changes unconstitutional.

William Acker

In 2008, Acker held the Fair and Accurate Credit Transactions Act unconstitutional for imposing disproportionate punitive damages on defendants who cause no harm.


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