How to Challenge the Constitutionality of a Statute
| Background: | You're in Federal court; decrying a statute's constitutionality |
| Problem: | You don't know how to formalize your constitutional challenge |
| Solution: | You use this guide to file a 'Notice of a Constitutional Challenge' |
I. Definitions
II. Legal Citations
(B) a state statute is questioned and the parties do not include the state, one of its agencies, or one of its officers or employees in an official capacity; and
(c) INTERVENTION; FINAL DECISION ON THE MERITS. Unless the court sets a later time, the attorney general may intervene within 60 days after the notice is filed or after the court certifies the challenge, whichever is earlier. Before the time to intervene expires, the court may reject the constitutional challenge, but may not enter a final judgment holding the statute unconstitutional.
(d) NO FORFEITURE. A party’s failure to file and serve the notice, or the court’s failure to certify, does not forfeit a constitutional claim or defense that is otherwise timely asserted.
(b) Constitutional Challenge to State Statute. If a party questions the constitutionality of a statute of a State in a proceeding in which that State or its agency, officer, or employee is not a party in an official capacity, the questioning party must give written notice to the circuit clerk immediately upon the filing of the record or as soon as the question is raised in the court of appeals. The clerk must then certify that fact to the attorney general of the State.
(b) In any action, suit, or proceeding in a court of the United States to which a State or any agency, officer, or employee thereof is not a party, wherein the constitutionality of any statute of that State affecting the public interest is drawn in question, the court shall certify such fact to the attorney general of the State, and shall permit the State to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality. The State shall, subject to the applicable provisions of law, have all the rights of a party and be subject to all liabilities of a party as to court costs to the extent necessary for a proper presentation of the facts and law relating to the question of constitutionality.
III. Samples
| # | Comments | ₧ | |
|---|---|---|---|
| 101 |  | ± Pending | TBD case. Pro Se Filing | 2024 | State Statutes (§760.06 FS, §760.11 FS) | Permissible Bribery; "Cause" Determinations |  |
| ...more samples coming soon... hitting the like button will raise this on TBD's priority list | |||
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | TBD's Template | Replace all placeholder tags with real data (eg "[plfName]" becomes "John Doe"). |  |
| ...more template versions are available... so, hit the like button to encourage TBD to add additional versions! | |||
V. Application
- Spontaneous Certification: According to Rule 5.1 Fed. R. Civ. P., the court can spontaneously certify your cause as a constitutional challenge:
(d) NO FORFEITURE. A party’s failure to file and serve the notice, or the court’s failure to certify, does not forfeit a constitutional claim or defense that is otherwise timely asserted.
“Pursuant to Rule 5.1(a), Federal Rules of Civil Procedure (Rule(s)), if a party files a “pleading, written motion, or other paper drawing into question the constitutionality of a... state statute,” and the state is not a party to the case, the party must promptly:
“file a notice of constitutional question stating the question and identifying the paper that raises it” and“serve the notice and paper... on the state attorney general....” See Rule 5.1(a)(1)-(2).
Upon review of the docket, Plaintiff does not appear to have complied with this requirement. Nevertheless, Rule 5.1 also imposes an obligation on the Court to “certify to the appropriate attorney general that a statute has been questioned.” See Rule 5.1(b); see also 28 U.S.C. 2403(b).
Accordingly, pursuant to Rule 5.1(b) and 28 U.S.C. § 2403(b), the Court certifies that a challenge to the constitutionality of section 627.70152 of the Florida Statutes is at issue in this case and directs...”
VI. Quick Commentary
- Act swiftly (ie, file this document as soon as you can)
- Notify your appellate court (particularly if your district court fails to certify your challenge [to the attorney general])
- Download as many sample documents as you'd like
- learn about TBD's point system
- Also, feel free to use the templates (see Part IV - above) to help draft your 'Notice of a Constitutional Challenge'
- Save the final version as a PDF file.
- File it in court
VII. Additional Resources
- Local Rule 24.1 USFLSD
VIII. Bibliography
IX. Conclusion
With the use of the templates (as well as the samples above), you can more easily ask your court to certify the constitutional challenge that you have made.
...POINTS & THINGS...
You can use this to get the government to take steps to address its unamerican/undemocratic doctrines.
As always - please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
