Constitutionality is the condition of acting in accordance with an applicable constitution; the status of a law, a procedure, or an act's accordance with the laws or guidelines set forth in the applicable constitution. When one of these (laws, procedures, or acts) directly violates the constitution it is unconstitutional. All the rest are considered constitutional until challenged and declared otherwise.

An act (or statute) enacted as law either by a national legislature or by the legislature of a subordinate level of government (such as a state or province) may be declared unconstitutional.

However, governments do not just create laws. Governments also enforce the laws set forth in the document defining the government -- in the Constitution. In the United States, the failure to seat duly elected representatives of the people following a proper election, or the failure to provide for such elections would be unconstitutional even in the absence of any legislated laws whatsoever.

When the proper court determines that a legislative act (a law) conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. This is called judicial review. The portion of the law that is declared void is considered to be struck down, or the entire statute is considered to be struck from the statute books.

Depending on the type of legal system, a statute may be declared unconstitutional by any court or only by special Constitutional courts which have the authority to rule on the validity of a statute.

In some countries, not having a formal written constitution, the legislature may create any law for any purpose and there is no provision for a law to be declared unconstitutional.

A constitutional violation is thus somewhat different from the breaking of a normal law, both in terms of seriousness and punishment. Declaring a law unconstitutional does not result in the punishment of those who passed it down.

In many jurisdictions the supreme court or constitutional court is the final legal arbiter that renders an opinion on whether a law or an action of a government official is constitutional.

Some examples of unconstitutional actions can be:

  • A politician who abuses or acts outside of the powers of his constitutionally-established office.
  • A legislature that tries to pass a law that would contradict the constitution, without first going through the proper constitutional amendment process.
  • Any person acting on behalf of the government who tries to prevent an individual from exercising individual rights which the constitution protects (such as the right to vote or to practice religion).

Most constitutions define the powers of government. Thus, national constitutions typically apply only to government actions. This means that only governments can violate the nation's constitution, but there are exceptions.

The legal encyclopedia American Jurisprudence says the following in regard to constitutionality:

The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it; an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed ... An unconstitutional law is void. (16 Am. Jur. 2d, Sec. 178)

From Wikipedia under the GNU Free Documentation License
Sat Sep 4 01:31:21 2010

What would happen if all 50 states hopped on board challenging the constitutionality of the HC bill?
Q. Could the Federal Government still over ride the will of all 50 states?
Asked by Joe B - Wed Mar 24 09:50:23 2010 - - 9 Answers - 0 Comments

A. 1 or 50, it doesn't really make a difference. The case will go through the courts and wind up in the Supreme Court.
Answered by James - Wed Mar 24 09:58:57 2010

what ever happened to the health care constitutionality law suits?
Q. the ones the states filled.
Asked by walker - Wed Apr 28 12:04:11 2010 - - 3 Answers - 0 Comments

A. They're working their way through the system. They think they'll come up in July.
Answered by Andy - Wed Apr 28 12:05:02 2010

What did you think of Pelosi's rsponse to the reporter who asked about the constitutionality of the healthcare?
Q. bill? Pelosi's response "Are you serious" and then she walked away in a huff
Asked by Madd Cow - Tue Dec 15 16:43:58 2009 - - 12 Answers - 0 Comments

A. What else would you expect from Pelosi with the little totalitarian mentality that she has
Answered by Fatt Cat - Tue Dec 15 16:49:42 2009

From Yahoo Answer Search: "Constitutionality"
Sat Jul 31 21:54:45 2010

Health-care reform a boon for insurers - Green Valley News
gvnews.com
Health-care reform a boon for insurers - Green Valley News
Wed, 25 Aug 2010 16:05:33 GMT+00:00
Green Valley News The arguments against it have to do with the constitutionality of the requirements. My evaluation is based solely on benefits and costs. ...
Turbotax Short Sale - United Nations Development Fund for Women (UNIFEM)
unifem.org
Turbotax Short Sale - United Nations Development Fund for Women (UNIFEM)
Fri, 27 Aug 2010 19:47:01 GMT+00:00
United Nations Development Fund for Women (UNIFEM) The constitutionality , efficacy and morality arrive that murthy wi-fi evolution nominee, mixing one to encompass the ancient village toward emergency ...
The ruling on Proposition 8's constitutionality is due Wednesday - 89.3 KPCC (blog)
scpr.org
The ruling on Proposition 8's constitutionality is due Wednesday - 89.3 KPCC (blog)
Wed, 04 Aug 2010 00:00:33 GMT+00:00
is due Wednesday 89.3 KPCC (blog) Should the federal judge's decision be released before or during Wednesday's AirTalk, we'll spend considerable time talking about it. ...

From Google News Search: "Constitutionality"
Sat Sep 4 15:54:05 2010

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Secession in the special session of the Georgia legislature that was called in deplorable drift toward federal tyranny over the states MORE on the constitutionality of secession tags maryland

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We have seen that U S Rep David Crockett later a hero of the Alamo argued passionately against the propriety and constitutionality of federal charity Crockett told his fellow

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Sat Sep 4 15:54:04 2010

Collegiality over constitutionality Tom Smith
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Collegiality over constitutionality Tom Smith

Tom Smith

Fri, 02 Jul 2010 18:00:52 GM

Harvard law prof Jack Goldsmith endorses his former boss Elena Kagan for Supreme Courthood but chides the judiciary committee for having been unfair to conservative nominees in the past. I have been pondering this Kagan thing in between ...

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Sat Sep 4 15:54:08 2010