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Tenthamendmentcenter
blog.tenthamendmentcenter.com › home › 2013 › august › null and void from the start
Null and Void from the Start | Tenth Amendment Center
August 14, 2013 - Nullification is the doctrine holding that actions of the federal government that are passed, imposed, or exercised in excess or abuse of the express authority granted in the Constitution are not enforceable. If there is no proper foundation for the action it is null and void, and a state has ...
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iFunny
ifunny.co › picture › all-laws-which-are-repugnant-to-the-constitution-are-null-ihths9HJ7
"All laws which are repugnant to the Constitution are null and void." Marbury vs. Madison. Source: 5 US (2 Cranch) 137, 174, 176 (1803) - iFunny
December 31, 2019 - IFunny is fun of your life. Images, GIFs and videos featured seven times a day. Your anaconda definitely wants some. Fun fact: we deliver faster than Amazon.
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Reddit
reddit.com › user/refamat › law of the land
r/u_refamat on Reddit: Law of the Land
May 6, 2022 - All laws which are repugnant to the Constitution are null and void. Marbury vs Madison 5 US (2 Cranch) 137, 174, 176, (1803). What this means is that…
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Quora
quora.com › Does-a-law-become-null-and-void-if-it-is-found-to-be-unconstitutional-by-the-Supreme-Court-SCOTUS-Why-or-why-not
Does a law become null and void if it is found to be unconstitutional by the Supreme Court (SCOTUS)? Why or why not? - Quora
Answer (1 of 6): Here's the thing. The law is an abstract concept. You need to accept a few axioms about what the law is supposed to be about before you can say it must be obeyed because it is written or ruled lawful. There's a checklist. 1. Does the law benefit the maximum number of people and ...
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The White House
whitehouse.gov › home › about the white house › our government › the constitution
The Constitution | The White House
January 20, 2021 - Why a Constitution? The need for the Constitution grew out of problems with the Articles of Confederation, which established a “firm league of friendship”
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Keith E. Whittington
kewhitt.scholar.princeton.edu › repugnant-laws
Repugnant Laws | Keith E. Whittington
Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present (Lawrence: University Press of Kansas, 2019). Buy It! Winner of the Thomas M. Cooley Book Prize, Georgetown Center for the Constitution Part of the Constitutional Thinking series University Press of Kansas ...
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Clause II.
law.cornell.edu › lii › u.s. constitution annotated › article vi. the supreme law › clause ii.
Clause II. | U.S. Constitution Annotated | US Law | LII / Legal Information Institute
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the ...
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NYTimes
nytimes.com › books › book review
America’s Constitution Is Sacred. Is It Also the Biggest Threat to Our Politics? - The New York Times
1 month ago - One of the biggest threats to America’s politics might be the country’s founding document.
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Constitutioncenter
constitutioncenter.org › blog › looking-back-nullification-in-american-history
Looking Back: Nullification in American History | Constitution Center
In two recent Supreme Court opinions about abortion, the constitutional theory of nullification was cited by several justices. But what exactly is nullification and why has it been controversial since its inception in early American history?
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Quora
quora.com › If-a-law-is-unconstitutional-is-it-null-and-void-in-essence-Can-it-not-be-enforced-then
If a law is unconstitutional, is it null and void in essence? Can it not be enforced then? - Quora
Answer (1 of 6): Original Question: If a law is unconstitutional, is it null and void in essence? Can it not be enforced then? With one exception: All laws are considered valid and in full effect until either challenged in a court of law, and the court either strikes down the law in whole or i...
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Reddit
reddit.com › r/conspiracy › supreme court: ‘law’ repugnant to the constitution is void
r/conspiracy on Reddit: Supreme Court: ‘law’ repugnant to the Constitution is void
May 10, 2012 - 2.1M subscribers in the conspiracy community. This is a forum for free thinking and for discussing issues which have captured your imagination…
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Stack Exchange
law.stackexchange.com › questions › 98768 › why-did-the-marshall-court-actually-rule-that-part-of-the-judiciary-act-was-unco
constitutional law - Why did the Marshall Court actually rule that part of the Judiciary Act was unconstitutional? - Law Stack Exchange

The "actual" reason that the U.S. Supreme Court ruled that part of the Judiciary Act was unconstitutional, in Marbury v. Madison, 5 U.S. 137 (1803), is, by definition, the reason stated in the linked opinion of the U.S. Supreme Court.

Marybury filed his case directly in the U.S. Supreme Court requesting that Secretary of State Madison recognize his appointment as a Justice of the Peace in the District of Columbia.

The U.S. Supreme Court broke the case up into three issues:

  1. Has the applicant a right to the commission he demands?

  2. If he has a right, and that right has been violated, do the laws of his country afford him a remedy?

  3. If they do afford him a remedy, is it a mandamus issuing from this court?

The Court concluded that Marbury had a right to the commission he demanded, and that this was a judicially enforceable right.

The resolution of the issue that the case is remembered for is whether a writ of mandamus from the U.S. Supreme Court was the proper remedy when Marbury was denied his commission.

The U.S. Supreme Court noted that the Judiciary Act gave it the power to issue writs without limitation. But it also noted that the U.S. Constitution did not give the U.S. Supreme Court original jurisdiction over the subject-matter of the case in question.

Article III, Section 2 of the U.S. Constitution stated in the pertinent part:

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The U.S. Supreme Court summarized the pertinent part of the Judiciary Act as follows:

The act to establish the judicial courts of the United States authorizes the Supreme Court

"to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States."

So, it held that the Judiciary Act language allowing it to issue writs, even in a case that was not an appeal from another court, and was not within constitutionally prescribed original jurisdiction of the U.S. Supreme Court, was unconstitutional.

In other words, it told Marbury that he should have sought relief in the U.S. District Court for the District of Columbia, and then appeal the case to the U.S. Supreme Court if he was unsatisfied, rather than filing his case directly with the U.S. Supreme Court.

This may seem like a petty procedural question, unlike landmark cases resolving questions of the individual rights of large numbers of people under the U.S. Constitution. But it had great importance to the U.S. Supreme Court as an institution.

If the U.S. Supreme Court had ruled the other way, every single federal petition for a writ of mandamus (or any other common law writ) could have been brought directly in the U.S. Supreme Court. This would have deluged the U.S. Supreme Court with far more cases than it would otherwise have to deal with, if those cases were resolved in the first instance by federal trial courts.

To provide some context, as of 2023, more than 10% of cases filed in U.S. District Courts (in excess of 33,000 cases a year) are petitions for common law writs. Also, keep in mind that until 1891, the U.S. Supreme Court was the sole appellate court in the federal system, because no intermediate appellate courts had been established yet, so dealing with appeals alone already provided plenty of work to keep the U.S. Supreme Court busy. Then, as now, cases in the U.S. Supreme Court's constitutionally prescribed original jurisdiction only account for 1-2% of the U.S. Supreme Court's case load.

Given the seeming clarity of the portion of the Judiciary Act known as the All Writs Act at the time, though, from a statutory perspective, Marbury was correct. He was statutorily entitled to file his case seeking a writ of mandamus against the U.S. Secretary of State in the U.S. Supreme Court. So, holding that the statute was unconstitutional was the clearest and most legally supportable way for the U.S. Supreme Court to align the law regarding its own jurisdiction with the U.S. Constitution.

Notably, this was not just meddling with a decision of Congress based upon a policy disagreement. It was fundamentally a separation of powers issue.

Could Congress order the U.S. Supreme Court to deal with cases in its original jurisdiction in a manner directly contrary to the allocation of cases between the U.S. Supreme Courts and lower courts set forth in the Article III of the U.S. Constitution?

The U.S. Supreme Court held that Congress could not order it to take on this additional case load.

Also, the principle of U.S. Constitutional supremacy over federal statutes, while a landmark determination to establish in case law and a stark difference from the structure of the British government, was really not that big of a deal. It was a bedrock assumption of the U.S. Constitution that was widely shared by the Founders and the legal community of the time, that just happened to finally come up in this case. It was not a "shocking" in the eyes of the legal community at the time.

In the wake of this decision, the All Writs Act, now codified at 28 U.S.C. § 1651, was rewritten. It now says:

(a)The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.

(b)An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction.

Answer from ohwilleke on law.stackexchange.com
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Shabupc
shabupc.com › what-does-a-law-repugnant-to-the-constitution-is-void-mean
What does a law repugnant to the Constitution is void mean? – Shabupc.com
Nullification is usually considered ... it void and unenforceable in that state. A nullification act often makes it illegal to enforce the federal law in question. The Supreme Court established the duty of judicial review in 1803 through the case of Marbury v. Madison.