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1. An act is "unconstitutional" if it is not permitted by the Constitution. Everything else is "constitutional." The only way to know whether a law is constitutional is for the U.S. Supreme Court to addresses it; until then, most discussions of constitutionality are purely opinion. Unconstitutional means it is not in accordance with the Constitution, which is not a law. The Constitution is a memoralization of guarantees for individuals and prohibitions for government. The Constitution was drafted and voted upon by legislators, then ratified by the states by way of a vote if the population of citizens of America.
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People in the US often talk about how some laws, decisions, ruling, executive orders are "unconstitutional", but what does that word mean? Does "constitutional" mean "obeying only the Constitution", or does it expand to "exceptions under constitutional laws", too? For example, if A says B is an evil person and should die, is it A's constitutional right to say whatever they want, under the First Amendment, without being suppressed by the government?
Or is it exempted from constitutional protection because it is "insulting" or "fighting words" according to Chaplinsky v. New Hampshireand therefore A should be punished with civil remedies? What if, as a result of what A says, C, a die-hard fan of A, goes out and tries to assault B?
Would A be criminally liable too? Usually these words refer to whether something e. So in view of Chaplinskythe Constitution as interpreted does not protect "fighting words", and therefore a law that forbids "fighting words" is constitutional. As phoog points out in the comments, the word can also be used to refer to whether what does paris ask about capulet is in accordance with the Constitution, as the speaker thinks it ought to be interpreted.
So somebody might say that a certain law or action is un constitutional, even if a court has not considered it, if their own personal interpretation of the Constitution is or isn't consistent with it. Or, if a court has struck it down or upheld it but the speaker thinks they erred in doing so. An act is "unconstitutional" if it is not permitted by the Constitution.
Everything else is "constitutional. Supreme Court to addresses it; until then, most discussions of constitutionality are purely opinion. But because the Constitution is almost exclusively limited to rules about the government, we would rarely describe something as "constitutional" or "unconstitutional" unless it was an action taken by the government. Private conduct rarely implicates the constitution, so asking whether it is "constitutional" is about as useful as asking whether your pool was built in compliance with the Hippocratic Oath.
For example, if the government imposed a new restriction on abortion, we would debate whether it was constitutional or unconstitutional. But if a woman obtained an abortion -- even in violation of that new restriction -- no one would talk whether the abortion was constitutional or unconstitutional.
To your example, then, laws restricting speech are generally unconstitutional, but there are exceptions e. So the law itself would be constitutional, but regardless of what the law is, saying that someone is evil would not be described as constitutional or unconstitutional. Sign up to join this community. The best answers are voted up and rise to the top. Stack Overflow for Teams — Collaborate and share knowledge with a private group.
Create a free Team What is Teams? Learn more. Ask Question. Asked 1 year, 10 months ago. Active 1 year, 10 months ago. Viewed times. Improve this question. Vun-Hugh Vaw. Add a comment. Active Oldest Votes. Improve this answer. Nate Eldredge Nate Eldredge There is a common case that is related to the definition presented here, but strictly speaking falls outside it, which is that the term may be used to assert, whether directly or indirectly, that a supreme court decision was wrong.
For example, many people refer how to send live video the border patrol checkpoints authorized by the Martinez Fuerte decision as "unconstitutional. And just as a what are the duties of a credit controller note, a law prohibiting you from saying that someone "is evil" or "should die" would be unconstitutional.
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Unconstitutional definition is - not according or consistent with the constitution of a body politic (such as a nation). How to use unconstitutional in a sentence. Unconstitutional definition, not constitutional; unauthorized by or inconsistent with the constitution, as of a country. See more. unconstitutional. adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution. The ultimate determination of constitutionality is the United States Supreme Court.
These example sentences are selected automatically from various online news sources to reflect current usage of the word 'unconstitutional. Send us feedback. See more words from the same year. Accessed 22 Apr. More Definitions for unconstitutional.
See the full definition for unconstitutional in the English Language Learners Dictionary. Thesaurus: All synonyms and antonyms for unconstitutional. Nglish: Translation of unconstitutional for Spanish Speakers.
Britannica English: Translation of unconstitutional for Arabic Speakers. What made you want to look up unconstitutional? Please tell us where you read or heard it including the quote, if possible. Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free! What's the difference? Two words of uncertainty. One vowel can mean a big difference. We're intent on clearing it up. We're gonna stop you right there. How to use a word that literally drives some pe The awkward case of 'his or her'.
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Save Word. Definition of unconstitutional. Keep scrolling for more. Examples of unconstitutional in a Sentence an unconstitutional infringement of rights The law may be unconstitutional. Recent Examples on the Web Laura Hancock reports that many people involved were also involved in the year DeRolph v. Ohio case in which the Ohio Supreme Court ruled that the funding system for public schools was unconstitutional. Tobias, cleveland , "Dr. Amy Acton passes on U. Senate bid: Capitol Letter," 7 Apr.
It could end up in the courts. Supreme Court ruling that parts of the federal Voting Rights Act were unconstitutional. First Known Use of unconstitutional , in the meaning defined above. Learn More about unconstitutional. Share unconstitutional Post the Definition of unconstitutional to Facebook Share the Definition of unconstitutional on Twitter.
Time Traveler for unconstitutional The first known use of unconstitutional was in See more words from the same year. From the Editors at Merriam-Webster. Dictionary Entries near unconstitutional unconstancy unconstant unconstellated unconstitutional unconstrained unconstraint unconstricted See More Nearby Entries. Style: MLA. English Language Learners Definition of unconstitutional. Kids Definition of unconstitutional. Legal Definition of unconstitutional. Constitution an unconstitutional search and seizure.
More from Merriam-Webster on unconstitutional Thesaurus: All synonyms and antonyms for unconstitutional Nglish: Translation of unconstitutional for Spanish Speakers Britannica English: Translation of unconstitutional for Arabic Speakers. Comments on unconstitutional What made you want to look up unconstitutional? Show Comments Hide Comments. Get Word of the Day daily email!
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