Unconstitutional

Ordinances do not have the authority to violate constitutionally protected right

An unconstitutional act is not a 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. Norton v. Shelby County :: 118 U.S. 425 (1886)

“A Law repugnant to the Constitution is void.” With these words written by Chief Justice Marshall, the Supreme Court for the first time declared unconstitutional a law passed by Congress and signed by the President. Nothing stated in the Constitution gave the Court this specific power."

Marbury v. Madison (1803) - National Archives |

If a statute is facially unconstitutional, the courts have stated that it cannot be enforced and the legislature may choose to repeal an unconstitutional statute to avoid confusion or to replace that statute with a new version that seeks to reach similar policy goals. Unconstitutional: The Effects of Court Rulings and Options for ... www.house.leg.state.mn.us › unconst