unconstitutional statute

unconstitutional statute
A self-contradictory expression, since a statute in conflict with the constitution is not law but is wholly void and as inoperative in legal contemplation as if it had never been passed, notwithstanding it has the form and name of law. 16 Am J2d Const L § 177. When a statute is adjudged to be unconstitutional, it is as if it had never been. Rights cannot be built up under it. Contracts which depend upon it for their construction are void. It constitutes a protection to no one who has acted under it, and no one can be punished for having refused obedience to it before the decision was made. And what is true of an act void in toto is true also as to any part of an act which is found to be unconstitutional, and which consequently is to be regarded as having never at any time been passed and in legal effect. Re Rahrer (CC Kan) 43 F 556. As used in the United States Code, the term "unconstitutional" has reference to the United States Constitution, not to a state constitution. Anno: 83 L Ed 1195.

Ballentine's law dictionary. . 1998.

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