Definition

1. Adjective:
   • Not consistent with or according to a constitution; contrary to the U.S. Constitution: Describes a law, government action, or official conduct that violates the principles or specific provisions of a constitution, making it invalid and unenforceable.

Usage

• The adjective "unconstitutional" is used to formally declare that a statute, policy, or action is in breach of constitutional law. It is a legal term of art, often determined by a judicial body like a supreme or constitutional court.
• It typically modifies nouns like , , , , , , or .
• It is commonly used in passive constructions (e.g., "was ruled unconstitutional") or with linking verbs (e.g., "is unconstitutional").

Examples

• Adjective:
  • The Supreme Court declared the state law unconstitutional because it violated the First Amendment.
  • Many legal scholars argued that the executive order was unconstitutional.
  • A ban on peaceful protest would be clearly unconstitutional.

Advanced Usage

• "to be found/struck down/ruled/declared unconstitutional": These are common legal phrases describing the judicial act of invalidating a law.
  • The lower court's decision was overturned when the statute was struck down as unconstitutional by the higher court.
• "deemed unconstitutional": Considered or judged to be unconstitutional.
  • The proposed surveillance program was deemed unconstitutional by privacy advocates.

Variants and Related Words

• Unconstitutionality (n): The state or quality of being unconstitutional.
  • The lawsuit challenged the unconstitutionality of the detention policy.
• Constitutional (adj): The direct antonym, meaning consistent with or authorized by a constitution.
  • The court found the measure to be perfectly constitutional.

Synonyms

• Illegal (in a specific constitutional context): Against the fundamental law.
• Invalid: Not legally binding due to a higher law conflict.
• Ultra vires (Latin, "beyond the powers"): Often used in administrative law for actions beyond legal authority, which can include constitutional violations.

Antonyms

• Constitutional: In accordance with the constitution.
• Lawful: Conforming to, permitted by, or recognized by law.
• Valid: Legally sound and effective.

Related Phrases

• "violation of (the) constitution": A phrase describing the act that makes something unconstitutional.
  • The judge cited a clear violation of the constitution in his ruling.
• "unconstitutional on its face": A legal doctrine where a law is unconstitutional in all its applications.
  • The overbroad statute was unconstitutional on its face.

Adjective

1. not consistent with or according to a constitution; contrary to the U.S. Constitution