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Congress can attempt to rewrite the law so that it conforms with the Supreme Court's interpretation of the Constitution; or, they can abandon an ill-conceived law; or, they can attempt to work with the states to amend the Constitution (the least likely and most time-consuming solution). Congress cannot nullify the Supreme Court decision, however.
In most cases, they either rewrite or abandon the legislation.
judicial review (GradPoint)
The US Supreme Court can nullify state and federal laws and acts of the President or Executive Orders, but only ifthe law, order or action is part of a case under their review. They have no control over laws that aren't related to a specific case or controversy.
Contrary to popular belief, the Supreme Court cannot change constitutional amendments. The Supreme Court is bound by the Constitution and must justify all decisions in terms of constitutionality. This sometimes results in opinions containing somewhat convoluted logic.
There are only two ways to change a US Supreme Court decision:
- The US Supreme Court can change any current or prior decisions.
- Through a constitutional amendment
If the law is relevant to a case or controversy before the Court, they can nullify any enacted law they find unconstitutional. They can't do anything about laws they believe unconstitutional unless someone challenges the law or something legitimately related to that law.
The US Supreme Court determines what is and is not constitutional, not Congress.
If the Supreme Court makes a decision Congress opposes, they can write legislation to circumvent the decision, modify current legislation to comply with the letter of the ruling, or attempt to initiate a new constitutional amendment to overrule the decision (unlikely).
Although they are not supposed to, Congress may thwart the Supreme Court by failing to pass legislation supporting the Court's decision.
The Supreme Court can declare a number of things unconstitutional, as long as the it involves an issue relevant to a case before the Court:
- Federal law
- State or municipal law
- State constitutional provisions
- A particular application of an otherwise constitutional federal law
- A particular application of an otherwise constitutional state law
- Government policies (includes schools, etc).
- US Treaties
- Executive Orders
- Corporate policies or acts of corporate entities or people acting as agents of those entities.
- Certain military actions or policies
- Any action or policy of any entity, if it is repugnant to the Constitution.
The President cannot veto Supreme Court decisions, and has no official recourse to change decisions he (or she) dislikes. The President may exhort Congress to rewrite a nullified law to address whatever has been deemed unconstitutional.
Sometimes the Executive branch ignores a Supreme Court decision or is slow to respond effectively, but this defeats the system of checks and balances.
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What branch of government is the US Supreme Court checking when they declare an act of the President unconstitutional?
If the US Supreme Court declares an Executive Order (Presidential action) unconstitutional, it is checking the Executive Branch.
what power allows the supreme court to declare laws unconstitutional.?
The power of judicial review allows the US Supreme Court to declare laws, policies, executive orders and US treaties that are relevant to cases before the Court unconstitutional and nullify them if they violate the principles of the US Constitution.
The US Supreme Court's power of judicial review allows them to deem laws this?
Unconstitutional
What types of vetoes has been declared unconstitutional by the US Supreme Court?
A Line-Item veto
Who has the ability to veto unsatisfactory bills from congress?
President or Supreme Court can find it unconstitutional.
Who can rule that federal laws are unconstitutional?
(Supreme Court)
What branch of government is the US Supreme Court checking when they declare an act of the President unconstitutional?
If the US Supreme Court declares an Executive Order (Presidential action) unconstitutional, it is checking the Executive Branch.
what power allows the supreme court to declare laws unconstitutional.?
The power of judicial review allows the US Supreme Court to declare laws, policies, executive orders and US treaties that are relevant to cases before the Court unconstitutional and nullify them if they violate the principles of the US Constitution.
The US Supreme Court's power of judicial review allows them to deem laws this?
Unconstitutional
What is a law called when the US Supreme Court declares it unconstitutional?
The legal concept or theory whereby a court declares a law unconstitutional is commonly called "judicial review." This was not so much established as confirmed by the US Supreme Court case Marbury v. Madison.
What if a state declares a law unconstitutional and void?
If a state court declares a state law unconstitutional, the state will probably appeal the case to the state supreme court. If a state court declares a federal law unconstitutional, the losing party in the case will appeal the decision in the federal courts. The case could ultimately be heard by the US Supreme Court; however, if a lower court reverses the state court's decision and either the appropriate US Court of Appeals Circuit Court or US Supreme Court decline to consider the case, the decision of the lower federal court would be final. The US Supreme Court is the ultimate arbiter of constitutionality.
Is the repeal of California's Proposition 8 currently before the US Supreme Court?
No. The US Supreme Court ruled California's Proposition 8 unconstitutional on June 26, 2013.
What is judiciary review?
It is when the Supreme Court can overturn Laws Challenged by the Judiciary as Unconstitutional.
What is a executive check on the supreme court?
The executive branch is responsible for implementing and enforcing laws. However, the supreme court has the power to deem any action unconstitutional or unlawful, and prevent or undo those actions.
On what grounds can the US Supreme Court strike down state or federal law?
The US Supreme Court can nullify laws that are unconstitutional, but only if the law is appropriately challenged by a person or entity with standing.
Can the Supreme Court declared any law unconstitutional?
As long as the majority of the court agrees that the law does, in fact, violate the US Constitution, they can declare it unconstitutional and strike it down.
Should the US Supreme Court abolish the Federal Reserve?
The US Supreme Court does not have the authority to abolish government agencies and departments, unless the agency is created under legislation that is challenged in court and determined to be unconstitutional. This is outside the scope the the Supreme Court's responsibility.
