USA HISTORY

SECTIONAL CRISIS 1850 1861

DRED SCOTT

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
What does it mean if a law is declared unconstitutional?
A
It is legal
B
It is allowed to continue being enforces
C
It is illegal
D
It is allowed to be written
Explanation: 

Detailed explanation-1: -A statute which is made by a competent legislature is valid till it is declared unconstitutional by a court of law. After declaration of a statute as unconstitutional by a court of law, it is non est for all purposes.

Detailed explanation-2: -judicial review, power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void.

Detailed explanation-3: -: contrary to or failing to comply with a constitution. especially : violative of a person’s rights guaranteed by the U.S. Constitution. an unconstitutional search and seizure.

Detailed explanation-4: -"An unconstitutional Act is not law, it confers no rights, it imposes no duties, it affords no protection, it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed."

Detailed explanation-5: -"A judicial declaration of the unconstitutionality of a statute neither annuls nor repeals the statute but has the effect of ignoring or disregarding it so fact as the determination of the rights of private parties is concerned. The courts generally say that the effect of an unconstitutional statute is nothing.

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