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It is very uncommon, in fact extremely rare when one compares the total number of cases the Supreme Court has heard with the number of cases the Court has declared a law unconstitutional. Courts will give a certain amount of deference to laws and consider them constitutional unless proved to be unconstitutional.

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13y ago
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14y ago

Yes, the federal courts can declare legislation passed by Congress and signed by the President unconstitutional, but someone who has standing to challenge the law must file a suit first (the Supreme Court can't just pluck a bill off the President's desk and start critiquing it). In order to have standing, an individual must be personally, directly and negatively affected by the law in a significant way and there must be an issue that can be remediated by a court. Not all legislation lends itself well to judicial review.

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Q: Can the US Supreme Court decide a bill passed by Congress and signed by the President is unconstitutional?
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Who has the authority to decide if the president's actions exceed the the powers of the executive branch?

supreme court

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What powers does the judicial review give the supreme court?

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Can The Supreme Court have the power to decide if laws are unconstitutional can the president overturn its decision with veto power?


Judicial review gives the supreme court the power to?

Determine whether a president's actions violate the constitution.

What two powers does the Supreme Court have?

One power would be judicial review, which the supreme court uses to not only declare laws unconstitutional, but also the actions of the President or Congress. Another power would be the ability to interpret the constitution.

How does the executive branch check the powers of the supreme court?

They can declare executive acts unconstitutional

Who has the authority to decide if the president actions exceed the powers of the executive branch?

Federal Courts can nullify Presidential directives if they are unconstitutional. Congress can remove a President if he fails to support the Constitution.

How does the judges decide if something is unconstitutional?

The Supreme Court has the unwritten policy of judicial review. This means that they can check amendments and bills that the other two branches of the federal government suggest. If a law seems to be unconstitutional, and not written in the constitution, the Supreme Court can decide it is unconstitutional.

What if the president could fire justices of the supreme court of he didn't like a ruling they made?

This would essentially put the supreme court under the president and let him decide the constitutionality of laws if Congress agreed with him. However if the opposition controlled Congress, the president might fire the whole court and Congress might refuse to confirm his new appointments and chaos would result.

Can the supreme court determine the successor in case the president and vice president die?

If the president and the vice president die or become incapacitated simultaneously or in any way that prevented the nomination of a new vice president, the speaker of the house is next in the line of succession. While this has never happened, and some believe it is unconstitutional to have a technically unelected president, the 20th amendment gives Congress the power to decide who is next in succession after the vice president, and the law they passed to decide it is the Presidential Succession Act of 1947.

Can the US Supreme Court overturn a law that was approved by the President?

The Supreme Court is the head of the judicial branch of the government and has the responsibility to enforce the Constitution. If legislation is found to be unconstitutional then it is overturned.