Laws in the United States Deemed Unconstitutional, Even By The Standards of Enslavers

Several laws in U.S. history have been declared unconstitutional by the courts, particularly by the U.S. Supreme Court. These rulings often address civil rights, personal liberties, or governmental overreach. Here are some of the most significant unconstitutional laws that were ended:

1. Jim Crow Laws (Struck down in 1954)

  • Key Case: Brown v. Board of Education (1954)

  • Background: Jim Crow laws enforced racial segregation in public schools and other public spaces, especially in the southern U.S.

  • Ruling: The Supreme Court ruled that "separate but equal" facilities were inherently unequal, overturning the 1896 Plessy v. Ferguson decision and ending segregation in public schools.

2. The Alien and Sedition Acts (Expired 1801, partially ruled unconstitutional)

  • Key Case: Not directly ruled on by the Supreme Court, but widely condemned as unconstitutional.

  • Background: Enacted in 1798, these laws allowed the government to imprison or deport non-citizens deemed dangerous and restricted speech critical of the government.

  • Ruling: The acts were highly controversial and criticized for violating First Amendment rights. While not fully struck down, many provisions expired or were repealed, and they played a role in shaping First Amendment protections.

3. The Dred Scott Decision (Effectively overturned in 1868)

  • Key Case: Dred Scott v. Sandford (1857)

  • Background: The Supreme Court ruled that African Americans, whether enslaved or free, could not be American citizens and had no standing to sue in federal court.

  • Ruling: This decision was effectively overturned by the 13th and 14th Amendments, which abolished slavery and established birthright citizenship and equal protection under the law.

4. The Defense of Marriage Act (DOMA) (Struck down in 2013)

  • Key Case: United States v. Windsor (2013)

  • Background: DOMA, passed in 1996, defined marriage as the union of one man and one woman for federal purposes, denying same-sex couples federal benefits.

  • Ruling: The Supreme Court ruled that DOMA violated the Fifth Amendment by denying same-sex couples equal protection under the law.

5. The Child Labor Laws (Struck down in 1918 and 1922)

  • Key Case: Hammer v. Dagenhart (1918)

  • Background: Early 20th-century child labor laws, including the Keating-Owen Act, attempted to regulate child labor in manufacturing.

  • Ruling: The Supreme Court ruled that regulating child labor was beyond Congress’s powers under the Commerce Clause. However, the Fair Labor Standards Act of 1938 eventually established child labor protections and withstood constitutional challenges.

6. Anti-Miscegenation Laws (Struck down in 1967)

  • Key Case: Loving v. Virginia (1967)

  • Background: Anti-miscegenation laws, which banned interracial marriage, were common in many states.

  • Ruling: The Supreme Court unanimously ruled that these laws violated the Equal Protection Clause of the 14th Amendment, ensuring the right to interracial marriage across the U.S.

7. Sodomy Laws (Struck down in 2003)

  • Key Case: Lawrence v. Texas (2003)

  • Background: Sodomy laws criminalized consensual sexual activity between same-sex adults in private.

  • Ruling: The Supreme Court ruled that such laws violated the due process rights of individuals under the 14th Amendment, thus ending the criminalization of same-sex relationships in the U.S.

8. Poll Taxes (Struck down in 1966)

  • Key Case: Harper v. Virginia Board of Elections (1966)

  • Background: Poll taxes were used in some states to disenfranchise African American and poor white voters by requiring them to pay a tax in order to vote.

  • Ruling: The Supreme Court ruled that poll taxes in state elections violated the Equal Protection Clause of the 14th Amendment.

9. Japanese Internment Camps (Challenged in 1944, Formally Overturned in 2018)

  • Key Case: Korematsu v. United States (1944)

  • Background: During World War II, Japanese Americans were forcibly relocated to internment camps under Executive Order 9066.

  • Ruling: While the Supreme Court upheld the camps’ constitutionality in 1944, the decision was heavily criticized. In 2018, the Court formally overturned Korematsu in the Trump v. Hawaii decision, recognizing the violation of civil rights.

These rulings highlight the ongoing evolution of constitutional law and civil rights protections in the U.S., as courts continue to interpret the Constitution in response to changing societal values.