Unconstitutional Criminal Laws
Constitutional Challenges to laws

Constitutional Challenges may be made to laws that are manifestly unjust. A law that is found to be unconstitutional is ineffective for any purpose from the time of its enactment, and not merely from the date of the decision finding it unconstitutional. Some of the criminal statutes that have been challenged in Minnesota and Wisconsin in recent years based on constitutional grounds are the DWI/OWI laws (Double Jeopardy), Commitment Laws for Sexual Offenders (Due Process & Equal Protection).

Challenges to the constitutionality of a federal law must be derived from the federal constitution, whereas, challenges to a state law may be derived from the federal constitution and/or the state constitution. In most cases challenges to state laws are based on both the state and federal constitution.

The most common challenges to the constitutionality of laws are derived from the first ten amendments to the Constitution and the Bill of Rights. Many of the amendments to the Federal Constitution and the Bill of Rights are duplicated in State Constitutions. Each provides basic and fundamental liberties to American citizens that cannot be unconstitutionally infringed. These rights include, but are not limited to, the right to freely practice a religion, the right to be free from discrimination, the right to privacy, the right to travel freely, the right to free speech, the right to peacefully assemble and express opinions against the government, and the right to Due Process of the law.

Below, you will find some of the limitations placed on the federal government and rights preserved for citizens as part of the U.S. Constitution.

The First Ten Amendments to the U.S. Constitution

AMENDMENT I.
Religious establishment prohibited. Freedom of speech, of the press, and right to petition.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

AMENDMENT II.
Right to keep and bear arms.

A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

AMENDMENT III.
Conditions for quarters for soldiers.

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

AMENDMENT IV.
Right of search and seizure regulated.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

AMENDMENT V.
Provisions concerning prosecution. Trial and punishment-private property not to be taken for public use without compensation.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

AMENDMENT VI.
Right to speedy trial, witnesses, impartial jury.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

AMENDMENT VII.
Right of trial by jury.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

AMENDMENT VIII.
Excessive bail or fines and cruel punishment prohibited.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

AMENDMENT IX.
Rule of construction of Constitution.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

AMENDMENT X.
Rights of States under Constitution.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Know your Rights!

Because we take our responsibility very seriously, we are available to you 24 hours a day, 7 days a week, 365 days a year. We have rightfully earned the respect of judges, prosecutors and police officers as aggressive attorneys who are not afraid to challenge them on tough cases. As a matter of fact, in large part because of our well-deserved reputation, many other attorneys refer their criminal cases to our office.

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