| a. | 1. | Not constitutional; not according to, or consistent with, the terms of a constitution of government; contrary to the constitution; |
| Adj. | 1. | unconstitutional - not consistent with or according to a constitution; contrary to the U.S. Constitution Antonyms: constitutional - sanctioned by or consistent with or operating under a constitution; "the constitutional right of free speech"; "constitutional government"; "constitutional guarantees" |
UNCONSTITUTIONAL. That which is contrary to the constitution.
2. When an act of the legislature is repugnant or contrary to the
constitution, it is, ipso facto, void. 2 Pet. R. 522; 12 Wheat. 270; 3 Dall.
286; 4 Dall. 18.
3. The courts have the power, and it is their duty, when an act is
unconstitutional, to declare it to be so; but this will not be done except
in a clear case and, as an additional guard against error, the supreme court
of the United States refuses to take up a case involving constitutional
questions, when the court is not full. 9 Pet. 85. Vide 6 Cranch, 128; 1
Binn. 419; 5 Binn. 355; 2 Penna 184; 3 S. & R. 169; 7 Pick. 466; 13 Pick.
60; 2 Yeates, 493; 1 Virg. Cas. 20; 1 Blackf. 206 6 Rand. 245 1 Murph. 58;
Harper, 385 1 Breese, 209 Pr. Dee. 64, 89; 1 Rep. Cons. Ct. 267 1 Car. Law
Repos. 246 4 Munr. 43; 5 Hayw. 271; 1 Cowen, 550; 1 South. 192; 2 South.
466; 7 N H. Rep. 65, 66; 1 Chip, 237, 257; 10 Conn. 522; 7 Gill & John. 7; 2
Litt. 90; 3 Desaus. 476.
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