The term unconstitutional is used to describe a law, policy, or action that goes against the U.S. Constitution. The Constitution is the highest law of the land, and it ensures that the government is limited in its power. It prevents the government from creating laws that infringe upon the rights of citizens. Any action that violates the Constitution is considered unconstitutional.
For example, many argue that certain gun control measures violate the Second Amendment right to bear arms. In this case, a law prohibiting certain types of weapons could be considered unconstitutional. Similarly, some believe that policies requiring the police to search a person or place without reasonable cause violate the Fourth Amendment’s right to privacy. If found unconstitutional, such laws would be struck down by the court.
The same applies for other types of policies. For example, in June 2020, in June Medical Services LLC v. Russo, the Supreme Court held that a Louisiana law regarding abortion was unconstitutional. The law would have placed significant restrictions on abortion providers, and the court determined that it was in violation of long-standing principles of freedom of choice and privacy.
So, what does unconstitutional mean? Essentially, it’s a way of saying that a law, policy, or action goes against the Constitution and thus cannot stand. Whether it is because of a state law or an executive action, if it violates the principles enshrined in the Constitution, it is unconstitutional and must be overturned or edited.