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PDF Editor FAQ

Why do they say that certain laws violate the constitution? How can laws violate the constitution if laws, by definition, are part of the constitution?

Marbury v. Madison, 5 U.S. 137 (1803) held that "it is the province of the judiciary to say what the law is."Where the Supreme Court of the United States strikes down a law purportedly enacted by the United States Congress Bicamerally and with and through Presentment to the President of the United States, and, similarly, where the Supreme Court of a U.S. State strikes down a law purportedly enacted by that State's Legislature Bicamerally and with and through Presentment to that State's Governor (according to both the State Constitution and the republican-form-of-government-guarantee clause of the United States Constitution) the purported law simply becomes a nullity.And yes, even a law enacted by and through the veto-override power of the United States Congress could not withstand being struck down by the Court.Laws "become Constitutional" when they are either (1) enacted and never undergo judicial scrutiny; or, (2) are enacted and undergo judicial scrutiny, but are upheld by and in the courts.There are also situations wherein statutes and even whole statutory schemes or Codes are referred to obiter dicta in case law addressing issues the resolution of which do not bear directly on their constitutionality.In Canada, the Supreme Court of Canada sometimes delays nullification for a year, providing time to, and while directing, the Parliament of Canada or a Provincial Legislature to enact a constitutional statute or statutory scheme, such as in Canada (Attorney General) v. Bedford, 2013 SCC 72 [2013], which upheld the Ontario Court of Appeal, at cross-appeal from Canada (Attorney General) v. Bedford, 2012 ONCA 186 [2012] and affirming in part Bedford v. Canada, 2010 ONSC 4264 [2010] that ss. 210, 212(1)(j), and 213(1)(c) of the Criminal Code of Canada contravened s.7 of the Canadian Charter of Rights and Freedoms (essentially, the Canadian Constitution's analogue to the Bill of Rights).

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