Unconstitutional Action
An unconstitutional action is a government act, law, or policy that violates a requirement of the U.S. Constitution or an applicable state constitution. Courts may invalidate or limit such action when a proper case or controversy is before them, though the remedy depends on the claim and the court's authority.
An unconstitutional action is a government act, law, or policy that violates a requirement of the U.S. Constitution or an applicable state constitution. Courts may invalidate or limit such action when a proper case or controversy is before them, though the remedy depends on the claim and the court’s authority.
Example: In Brown v. Board of Education (1954), the Supreme Court held that state laws requiring racial segregation in public schools violated the Equal Protection Clause of the Fourteenth Amendment.
Common misconception: Any policy that someone believes is unfair is automatically unconstitutional. The conclusion depends on constitutional text, applicable precedent, facts, and the legal standard a court applies.
Sources: https://www.govinfo.gov/content/pkg/USREPORTS-347/pdf/USREPORTS-347-483.pdf; https://constitution.congress.gov/