unconstitutional laws

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§ 504: Federal law making it illegal for a member of the Communist Party to serve as an officer or employee of a labor union. 1978): Missouri statute, implementing a state constitutional provision, providing for the excusal of any women requesting exemption from jury service. A federal tax on insurance premiums paid to foreign insurers not subject to the federal income tax violates the Export Clause, Art. New York v. United States, 505 U.S. 144 (1992). Concurring: Chase, C.J., Nelson, Swayne, Davis, Strong, Clifford, Field Dissenting: Miller, Bradley, 13. McKinney's N.Y.Laws, 1952 (Supp.1963), State Law, §§ 120—124: New York statute that failed to apportion legislative districts sufficiently on a population basis. Concurring: Brennan, Douglas, White, Marshall

§ 2C:44-3(e) (West Supp. 5, to the extent that the tax applies to goods loaded for export at United States ports. N.Y. . Section of the District of Columbia Code granting the same right of appeal, in criminal cases, to the United States or the District of Columbia as to the defendant, but providing that a verdict was not to be set aside for error found in rulings during trial, held an attempt to take an advisory opinion, contrary to Article III, § 2. Article I, Section 8, Clause 3 and Clause 18. Ga. Code Ann. 26 U.S.C. 278, Section 16A: A Massachusetts statute requiring that, under all circumstances, the press and public must be excluded from trials regarding certain sexual offenses that involved a victim under the age of 18. The Alicia, 74 U.S. (7 Wall.) Provision of Narcotic Drugs Import and Export Act creating a presumption that possessor of marijuana knew of its illegal importation into the United States held, in absence of showing that all marijuana in United States was of foreign origin and that domestic users could know that their marijuana was more likely than not of foreign origin, unconstitutional under the Due Process Clause of the Fifth Amendment. 1972-1973): New York statute providing that only United States citizens may hold permanent positions in competitive civil service. Act of March 3, 1873 (ch. 766, § 5). Justices concurring: Breyer, O’Connor, Souter Justices concurring: Roberts, C.J., Scalia, Thomas, Kennedy, Alito Justices dissenting: Stevens, Breyer, Ginsburg, Sotomayor, 177. 5, §§ 45–48 (as adopted in 1962, amend. Ann. Alabama and Arkansas laws requiring juveniles in some circumstances to be sentenced to life-without-parole terms. Tennessee Wine and Spirits Retailers Association v. Thomas.

Tex. (a) § 4 of the Lever Act, providing in part “that it is hereby made unlawful for any person willfully . Stat. produced or withdrawn from storage in excess of the amount permitted . Ann. Act of April 26, 1996 (Pub. 195, the National Industrial Recovery Act).

Thanks for visiting! Colo. Rev. . §§ 14:30, 14:42, 14:44, 14:113 (1974): Louisiana statute making the death penalty mandatory upon conviction of first-degree murder. (1968): Ohio statute authorizing the mayor to sit as judge at trials for traffic offenses. Kraft General Foods, Inc. v. Iowa Department Of Revenue And Finance. (a) Title I, except § 9. North Dakota Communications Act provision banning noncommercial educational stations receiving grants from the Corporation for Public Broadcasting from engaging in editorializing violates the First Amendment. United States v. Evans, 213 U.S. 297 (1909). (b) § 9(c). 393 (1857). Mo. L. 85–921, § 1, 72 Stat.

Ann. or bring . 1: A New Jersey law reapportioning the state's congressional districts, resulting in population deviations of less than one percent amongst the various districts. N.Y. Tax Law § 210.13(a)(2): A New York law that allows corporations a tax credit for receipts from products shipped from an in-state place of business. Louisville Bank v. Radford, 295 U.S. 555 (1935). New York Educ. Ann. 1851)), A federal prohibition on disclosure of the contents of an illegally intercepted electronic communication violates the First Amendment as applied to a talk show host and a community activist who had played no part in the illegal interception, and who had lawfully obtained tapes of the illegally intercepted cellular phone conversation. Agency for International Development v. Alliance for Open Society International, Inc., 22 U.S.C. . Wisconsin Art. § 131C-16.1(3) (1986); N.C. Gen. Stat. for such year from the sale . 1446); Act of October 12, 1979 (101(c), 93 Stat. Transfer clauses for school desegregation plans in two Tennessee localities allowed students to request transfer for good cause. § 1209.5 (West 1982): A California law governing the payment of child support presumes that a parent is financially capable of paying support, shifting to the defendant the burden of proving inability to comply with a payment order in a criminal contempt proceeding.
777, 18 U. S. C. § 700). . VII, § 3: Amendment of Oregon Constitution that prohibited judicial review of the size of a jury's punitive damages award unless there was no evidence to support the verdict. Stat. §§ 1(1)–(2): Florida reapportinment plan where "senate districts ranged from 15.09% overrepresented to 10.56% underrepresented with the ratio between the largest and smallest district being 1.30 to 1 and by which the house districts ranged from 18.28% overrepresented to 15.27% underrepresented with a radio of 1.41:1 between the largest and smallest districts, without adequate explanation as to reasons for the large deviations". http://catdir.loc.gov/catdir/toc/ecip067/2006001699.html. § 158.178: Kentucky statute requiring a copy of the Ten Commandments, purchased with private contributions, to be posted on the wall of each public classroom in the state.

Acts 1960, No.

Code of 1954, § 7302). 64). exact excessive prices for any necessaries” and fixing a penalty, held invalid to support an indictment, on the reasoning of the Cohen Grocery case. 91, Acts of Alabama, Special Session, 1962, p. 121 and Proposed Constitutional Amendment No. Federal Food, Drug, and Cosmetic Act of 1938, § 301(f), prohibiting the refusal to permit entry or inspection of premises by federal officers held void for vagueness and to violate the Due Process Clause of the Fifth Amendment. Penal Code § 415: California statute prohibited offensive conduct intended to disturb the peace. Boumediene v. Bush, 553 U.S. 723 (2008). § 3101.01 (Lexis 2008); Tenn. Const. 42 U.S.C. Borough of Oradell, New Jersey Ordinance No. Code r.436.1011(7)(b) (2003): Michigan statute allowing in-state wineries, but not out-of-state wineries, to apply for licenses to directly ship wine to Michigan consumers. No. Rev. 46, §§ 10-2, 10-5 (1989): Illinois election laws that prohibited new political parties in a particular district from using the name of a party already established in another district, notwithstanding any authorization from the established party, and that disqualified all candidates of a new political party in all districts if the party failed to obtain 25,000 signatures in each district in which it offered candidates. Advertising, Publishing and Communications Law; Criminal Law and Procedure. 2519, 25 U. S. C. § 2206). § 16-952(A), (B), and (C)(4)–(5) (West 2006 and Supp. Article 37 of the Declaration of Rights of the Maryland Constitution: A Maryland statute that required a person seeking public office to declare their belief in the existence of God. . Pa. Cons. F.S.A. § 211B.11 (2017): Minnesota statute stating that political insignia may not be worn at polling places.

Justices concurring: Stevens, Blackmun, O’Connor, Scalia, Kennedy, Souter Justices dissenting: White, Marshall, Rehnquist, C.J.

& Tax Code Ann. § 2710(d)(7): Indian Gaming Regulatory Act authorizing an Indian tribe to sue a State in federal court to compel performance of a duty to negotiate in good faith toward the formation of a compact. Stat. 25, § 1051 (1977): Puerto Rico law authorizing the search of any person's luggage arriving from the United States. Two sections of the Child Pornography Prevention Act of 1996 that extend the federal prohibition against child pornography to sexually explicit images that appear to depict minors but that were produced without using any real child violate the First Amendment. Act of December 9, 1999 (Pub. Shall not any Sheriff who Refuses to Honor his Constitutional Oath of office and Protect each Individual Citizen from all “Un-Constitutional Laws” also be Guilty of False Swearing, become a Liar, commit a Felony? 1200 (Pub. Concurring: Black, Douglas, Warren, C.J. Parents Involved in Community Schools v. Seattle School District No. An unconstitutional law cannot operate to supersede any existing valid law. An unconstitutional law cannot operate to supersede any existing valid law. Concurring: White, C.J., McKenna, Holmes, Van Devanter, McReynolds, Clarke Concurring specially: Pitney, Brandeis.

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