Repealed vs. Struck Down

Attribute	Repealed	Struck Down
Definition	Officially revoked or annulled	Declared invalid or unconstitutional
Legal Effect	Removes the law from existence	Invalidates the law from application
Authority	Usually done by legislative body	Usually done by judicial body

Definition

Repealed and struck down are two legal terms that are often used interchangeably, but they have distinct meanings. When a law is repealed, it is officially revoked or annulled by a legislative body. This means that the law is no longer in effect and cannot be enforced. On the other hand, when a law is struck down, it is declared invalid by a court. This means that the law is unconstitutional and cannot be enforced.

Process

The process of repealing a law typically involves the passage of a new law that explicitly revokes the old law. This new law is usually passed by the same legislative body that enacted the original law. In contrast, the process of striking down a law involves a legal challenge in court. A judge or panel of judges will review the law and determine whether it violates the constitution. If the law is found to be unconstitutional, it is struck down and cannot be enforced.

Authority

Repealing a law requires the authority of a legislative body, such as a city council, state legislature, or Congress. These bodies have the power to pass new laws and revoke old ones. On the other hand, striking down a law requires the authority of a court, such as a federal court or the Supreme Court. These courts have the power to interpret the constitution and declare laws unconstitutional.

Effect

When a law is repealed, it is no longer in effect and cannot be enforced. This means that individuals and businesses are no longer required to comply with the law. In contrast, when a law is struck down, it is also no longer in effect and cannot be enforced. However, the impact of striking down a law may be broader, as it sets a legal precedent that can affect similar laws in the future.

Scope

Repealing a law can be done on a small scale, such as a local ordinance, or on a large scale, such as a federal statute. The scope of a repeal depends on the legislative body that enacts it. Striking down a law, on the other hand, typically occurs at a higher level, such as a state or federal court. The scope of a law being struck down is usually broader, as it affects the entire jurisdiction covered by the court.

Challenges

Repealing a law can be a relatively straightforward process, as it only requires the passage of a new law. However, there may be challenges in getting the necessary support from legislators or overcoming political obstacles. Striking down a law, on the other hand, can be a more complex and time-consuming process. Legal challenges may be brought by individuals or groups who believe the law is unconstitutional, and the case may go through multiple levels of appeals.

Implications

The implications of repealing a law are generally limited to the specific law that is revoked. There may be some impact on related laws or regulations, but the overall effect is contained. Striking down a law, on the other hand, can have far-reaching implications. The legal precedent set by a court decision can influence future cases and shape the interpretation of the constitution.

Conclusion

In conclusion, while repealed and struck down are both terms used to describe the invalidation of a law, they have distinct meanings and processes. Repealing a law involves the revocation of a law by a legislative body, while striking down a law involves a court declaring it unconstitutional. The authority, effect, scope, challenges, and implications of these actions differ, highlighting the importance of understanding the nuances of each term in the legal context.