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The Principle of Constitutionality: Ensuring Rights and Limiting Legislative Power

This text emphasizes the fundamental principle of constitutionality in American law, asserting that when rights secured by the Constitution are at stake, no legislation can undermine them. Citing landmark cases like Miranda v. Arizona and Norton v. Shelby County, it illustrates that unconstitutional acts are devoid of legal effect, conferring no rights or duties. This highlights the importance of upholding constitutional protections and maintaining a check on legislative powers to ensure the rights of individuals are safeguarded against infringement.

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The Principle of Constitutionality: Ensuring Rights and Limiting Legislative Power

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  1. Constitutionality "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” -Miranda vs. Arizona, 384 U.S. 436, 491.
 
"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 vs. Shelby County, 118 US 425, 442.


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