Constitutionality is the status of a law, a procedure, or an act's accordance with the laws or guidelines set forth in the applicable constitution. When one of these directly violates the constitution it is unconstitutional. All the rest are considered constitutional until challenged and declared otherwise.

An act (or statute) which is enacted as law either by the council of a city or county, by the legislature of a state or province, or by a national legislature, may be declared unconstitutional. When challenged and the proper court determines that the act in question conflicts with the constitution,"IF" it finds that law unconstitutional and declares it void in whole or in part. This is called judicial review. The portion of the law that is declared void is considered to be struck down, or the entire statute is considered to be struck from the statute books. The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... The city of Chicago, as seen from the sky A city is an urban area that is differentiated from a town, village, or hamlet by size, population density, importance, or legal status. ... A county is generally a sub-unit of regional self-government within a sovereign jurisdiction. ... A state is a set of institutions that possess the authority to make the rules that govern the people in one or more societies, having internal and external sovereignty over a definite territory. ... A province is a territorial unit, almost always a country subdivision. ... A legislature is a type of deliberative assembly with the power to adopt laws. ... Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or for the violation of basic principles of justice. ...

Depending on the type of legal system, a statute may be declared unconstitutional by any court or only by special Constitutional courts which have the authority to rule on the validity of a statute. The Constitution of the United States of America A constitution is a system, often codified as a written document, that establishes the rules and principles whereby an organization or political entity is governed. ...

However the above paragraph only applies to matters which are determined to be acceptable to be made Public Knowledge. Many changes in our society happen behind the scenes as they have for centuries.

I for one , JOHN P. ALBERS, of Louisville, Kentucky filed an Appeal of a City "BOARD" decisision on 3-31-2006 in Jefferson County case # 06-C-02611 Jefferson District Court Division II - Where upon research I found 12 breaches of kentucky's 1891 Constitution; the most Serious of these being that the Kentucky Revised Statues stated that Appeals shall be made to District Court when the 1891 Ky. Constitution clearly stated that the District Court Was Not an Appealate Court

and

The Constitution Declared "Powers from One Branch Shall Not be Construed To Another , BUT The State Legislature passed a Law/Statute which Stated " Code Enforcement Boards Shall Have these Powers Construed Upon them".

These constitutional breaches were never disclosed in the Press and the Kentucky Legislature has spent this year cleaning up the Ky. Revised Stautes Behind the Scenes and in Private.

In some countries, especially those not having a formal written constitution, the legislature may create any law for any purpose and there is no provision for a law to be declared unconstitutional.

A constitutional violation is thus somewhat different from the breaking of a normal law, both in terms of seriousness and punishment. Declaring a law unconstitutional does not result in the punishment of those who passed it. In many states the supreme court or constitutional court is the final legal arbiter that renders an opinion on whether a law or an action of a government official is constitutional. Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... The supreme court in some countries, provinces, and states, functions as a court of last resort whose rulings cannot be challenged. ... A Constitutional Court is a high court found in many countries which deals primary with constitutional law. ...

Some examples of unconstitutional actions can be:

• A politician who abuses the powers of his constitutionally-established office.
• A legislature that tries to pass a law that would contradict the constitution, without first going through the proper constitutional amendment process.
• Any person acting on behalf of the government who tries to prevent an individual from exercising individual rights which the constitution protects (such as the right to vote or to practice religion).

Most constitutions define the powers of government. Thus, national constitutions typically apply only to government actions. This means that only governments can violate the nation's constitution, but there are exceptions. The Politics series Politics Portal This box:      A politician is an individual who is a formally recognized and active member of a government, or a person who influences the way a society is governed through an understanding of political power and group dynamics. ... A constitutional amendment is a change to the constitution of a nation or a state. ...

The legal encyclopedia American Jurisprudence says the following in regard to constitutionality:

The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed .. An unconstitutional law is void. (16 Am. Jur. 2d, Sec. 178)

Unconstitutional Laws in the United States

Much debate often surrounds controversial laws enacted by state legislatures and the United States Congress regarding the laws' constitutionality. State legislatures are the lawmaking bodies of the 50 states in the United States of America. ... Type Bicameralism Houses Senate House of Representatives United States Senate Majority Leader Harry Reid, D, since January 4, 2007 Speaker of the House Nancy Pelosi, D, since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political groups (as of November 7, 2006 elections) Democratic Party Republican...

Many U.S. State legislatures have adopted a practice of writing laws which meet their needs even though they are unconstitutional and are lawfull until challenged in a court of law .

The lack of a challenge is what makes them constitutional and the fact that legislators enact them upon this basis is cause for great concern.

Cities are in fact Subdivisions of state governments, and city ordinances are inferior to state statutes or codes , State Laws and State Constitutions are Inferior to The Constitution of The United States.

From the Enactment of the U.S. Constitution until the end of the "Civil War" there was much debate about whether "The POWER" the people granted the goverment through the U.S.CONSTITUTION ( framed and signed by the FOUNDING FATHERS ) was at a Federal or State level. The Federal Government Winning the Civil War Settled This Issue to This Point in Time and Therefore State Constitutions are Subordinate in Nature to The Federal Constitution and Laws .

ALL LAWS DERIVE THEIR POWER FROM THE CONSTITUTION WHICH STATES THE

POWER IS INHERENT IN "THE PEOPLE" AND "THE PEOPLE" HAVE THE RIGHT TO

CHANGE GOVERNMENT FOR THEIR BETTERMENT; THE CONSTITUTION OF THE

UNITED STATES IS IN ITSELF SUBJECT TO THE WILL OF THE PEOPLE WHO

CREATED IT AND GAVE THE POWER TO THE THREE BRANCHES OF GOVERNMENT.

 The EXECUTIVE BRANCH is to run the business of the government. 

 The LEGISLATIVE BRANCH is to be representatives of "THE PEOPLE" and write laws which are in "The People's" interest as a Whole. 

 The JUDICIAL BRANCH is to provide a system of checks and balances which in essence determines the constitutionality of laws based upon a system of "CHALLENGE" . 

To get a basic understanding of The FOUNDING FATHERS and their MINDSET at the time the U.S. Constitution was enacted please go to ( www.brainyquotes.com )and search Thomas Jefferson and other founding fathers.

See also

• Constitutional law

Constitutional law is the study of foundational or basic laws of nation states and other political organizations. ...

External links