0
Nothing, unless a party with standing to challenge the law files suit against the United States in US District Court, the losing party appeals the case to the appropriate US Court of Appeals Circuit Court (usually), and the subsequent losing party files a petition for a writ of certiorari (request to review the case) with the US Supreme Court.
If they grant cert (accept the case), the Supreme Court will evaluate whether the law conforms to the US Constitution either in general, or as applied. If the Court determines the law is unconstitutional, it will be nullified and rendered unenforceable.
It is important to note that the US Supreme Court does not systematically review every law Congress passes. Someone who is severely and directly, negatively affected by the law, and has a grievance that can be resolved by a court, must file suit and exhaust the required appeals process before the Supreme Court can review the case (and the law).
Still curious? Ask our experts.
Chat with our AI personalities
Rene
Devin
MaxineAdd your answer:
Earn +20 pts
After a law is passed if it is in conflict with the Constitution it can be made void by what?
Its by the Supreme Court.
What is one way the president can check the powers of the supreme court?
Courts can judge legislative acts to be unconstitutional. This means that the Supreme Court can say that a law that the Senate has passed is unconstitutional.
How can the supreme court check the legislature and the executive?
The Supreme Court interpret the law so if a law is passed that goes against the constitution they review it and make a decision. The decision will keep the law or change it. In some cases the law is overthrown completely.
Can congressional nullification overturn the ruling of the supreme court?
No the Congress can not nullify a ruling of the Supreme Court. The Congress would have to rewrite the law which the Supreme Court had declared unconstitutional. Then the new law could overrule the Supreme Court IF the new law was declared constitutional if/when appealed.
If the supreme court rules a law unconstitutional under which principle would the court be exercising it's authority?
The power of judicial review. Marbury v. Madison in 1803 established the tradition of the Supreme Court's role in "interpreting" whether or not a law passed by Congress is Constitutional or unconstitutional.
