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What was the law that the supreme court could declare laws unconstitutional called?
Wiki User
∙ 12y ago
Judicial Review
The Supreme Court uses judicial review when determining whether a law, application of a law, policy or executive order relevant to a case under their review is consistent with the principles of the Constitution.
Wiki User
∙ 13y ago
Wiki User
∙ 6y agoThe implied power of judicial review.
Any Article III (constitutional) federal court may exercise judicial review to evaluate the constitutionality of a law that is relevant to a case before the court. The US Supreme Court is the ultimate authority on constitutionality and has the right to make the final decision if they receive the case on appeal.
While this power is not mentioned in the Constitution, it is a carry-over from the system of English common law adopted during the Colonial era, and has been used consistently since the United States was founded. Chief Justice John Marshall affirmed the Court's authority to exercise this power in the landmark case, Marbury v. Madison, (1803).
Wiki User
∙ 12y agoIt is not really a law. Rather it is the primary duty of the Supreme Court. It is called Judicial Review.
Wiki User
∙ 11y agojudicial review
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What word expresses the idea that a state could declare that federal legislation unconstitutional and could disregard it?
nullification
What is the process to have a law declared unconstitutional?
supreme court
The Supreme Court case Marbury v. Madison established the principle that the Court could declare acts of Congress unconstitutional.?
Chief Justice John Marshall formally claimed the power of judicial review, the ability of the courts to review and declare laws relevant to cases before the court unconstitutional, in Marbury v. Madison, (1803).
Which federal court could declare the final word on the constitutionality of state law?
supreme court ^O^
How was the Missouri Compromise unconstitutional?
It was only unconstitutional if you accepted Roger Taney's interpretation of the Constitution in his judgment of the Dred Scott case in 1857. He said the Constitution protected slavery - so therefore no state could declare itself to be free soil.
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.
What was nullification?
Nullification was the idea that the states could declare acts of congress to be unconstitutional. In particular South Carolina objected to the federal tariff while Jackson was president and decided to nullify it and so not collect it or pay it.
What has been the evolution of the judicial branch's power?
The Supreme Court was considered the weakest branch of government until the time of Chief Justice Marshall. Marshall established that the court could declare acts unconstitutional, placing powers in the hands of the judiciary. Marbury versus Madison decided the issue and established the legal precedent.
Why did the Supreme Court find the Keating-Owens law unconstitutional?
It was on the grounds that child labor was not interstate commerce and therefore only state could regulate it.
Could the supreme court have the power to veto acts of congress?
Not exactly. The Supreme Court can declare a law to be a violation of the US Constitution and make it void. However it can not veto laws in general.
What did the Kentucky and Virginia declaration declare?
It declared that the Alien and Sedition Acts violated the Constitution.It also declared that a state could nullify any act of Congress that it considered unconstitutional.
Could the President or a state Governor veto the ruling of the Supreme Court as unconstitutional?
No. The rulings of the Supreme Court represent the final interpretation of a law. The only way to change the interpretation is to change the law, which is the job of the legislative branch.
