By: Joel Stephen Mattson
Many people believe that if a law is passed by a legislature or enforced by a badge-wearing official, it must be valid. That’s dead wrong. A law that violates the Constitution is no law at all. This isn’t an opinion—it’s black-letter law, firmly established by the U.S. Supreme Court and rooted in the Supremacy Clause of the Constitution.
The Constitution Is the Supreme Law of the Land
The U.S. Constitution makes it clear that only laws made in pursuance of it are valid laws:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; … shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding.” — U.S. Constitution, Article VI, Clause 2 (The Supremacy Clause)
In other words, only laws made in pursuance of the Constitution have any legal force. Anything that contradicts the Constitution—federal or state—is void on its face.
See Understanding the Color of Law – What It Really Means for how unconstitutional laws are enforced under the appearance of legality.
Invalid Laws Are Legally Void – Supreme Court Says So
The courts have repeatedly affirmed that unconstitutional laws are no laws at all:
“All laws which are repugnant to the Constitution are null and void.” — Marbury v. Madison, 5 U.S. 137 (1803)
“An unconstitutional act is not 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)
“Where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them.” — Miranda v. Arizona, 384 U.S. 436 (1966)
“No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” — 16 Am Jur 2d, Constitutional Law, Sec. 177
These are not fringe cases. They are bedrock principles that completely dismantle the false belief that “law is law” even when it violates your rights.
Real-World Examples of Invalid Laws Being Enforced
Example 1: Unconstitutional Search and Seizure
A town ordinance allows code enforcement officers to inspect private property without a warrant. That directly violates the Fourth Amendment, which protects your right to be secure in your person, home, papers, and effects.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” — Fourth Amendment
Any search under that ordinance is not just illegal—it’s unconstitutional, and the ordinance itself is void.
Example 2: Arrest for Protected Speech
A man protests outside a city hall holding a sign that criticizes the mayor. He’s arrested for “disorderly conduct.” But the First Amendment prohibits government from restricting speech just because it’s unpopular:
“Congress shall make no law … abridging the freedom of speech … or the right of the people peaceably to assemble…” — First Amendment
The ordinance was facially neutral but applied in a retaliatory and unconstitutional way. That arrest is void.
See First Amendment Violations and How to Fight Back for more.
Example 3: Property Taken Without Trial
A sheriff seizes a person’s car under civil asset forfeiture laws, without charging them with a crime. That violates both due process and property rights under the Fifth and Fourteenth Amendments.
“No person shall be … deprived of life, liberty, or property, without due process of law.” — Fifth Amendment
“Nor shall any State deprive any person of life, liberty, or property, without due process of law…” — Fourteenth Amendment
That law is presumptively invalid and must be challenged in federal court.
Invalid Laws and Color of Law Abuse
Even though unconstitutional laws are void, they are often enforced under color of law—the false appearance of legality. Officials know most people won’t challenge them, so they use intimidation, jargon, and unlawful authority to carry out violations.
See Filing a Section 1983 Lawsuit – Your Guide to Civil Rights Remedies for how to fight back.
Remedies for Invalid Law Enforcement
If you’ve been subjected to an unconstitutional ordinance, arrest, fine, or seizure, you may be entitled to:
- A Section 1983 lawsuit in federal court
- Injunctive relief to stop future enforcement
- Compensatory and punitive damages
- Declaratory judgment invalidating the law
Use federal courts. They are bound by the U.S. Constitution and can override state statutes and local ordinances.
Conclusion
Just because something is written in a code book or spoken by someone in a uniform doesn’t mean it’s law. If it conflicts with the Constitution, it holds no legal force. As Marbury v. Madison made clear over 200 years ago, unconstitutional laws are void.
Don’t just question unlawful statutes—tear them down with constitutional firepower.
Related Articles:
Police Misconduct and Government Liability
Understanding the Color of Law – What It Really Means
First Amendment Violations and How to Fight Back
Filing a Section 1983 Lawsuit – Your Guide to Civil Rights Remedies
Fourth Amendment: Your Rights Against Unreasonable Searches