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What court has jurisdiction over cses where a person or group violates the constitution?
Cases where a person or group violates the Constitution typically fall under the jurisdiction of federal courts, particularly the U.S. District Courts. If the case involves a significant constitutional question, it may eventually be appealed to the U.S. Court of Appeals and potentially the Supreme Court. Additionally, state courts can also hear constitutional issues, especially those involving state constitutions, but federal courts handle federal constitutional matters.
. Which court has jurisdiction over cases where a person or group violates the Constitution?
A federal court has jurisdiction over constitutional violations.
By what law does the Supreme Court decide if a law is constitutional?
The Supreme Court decides if a law is constitutional based on the principle of judicial review, which is not explicitly mentioned in the Constitution but was established by the Court itself in the landmark case Marbury v. Madison (1803). This principle gives the Court the power to interpret the Constitution and determine if a law aligns with its provisions. The Court uses this authority to assess whether a law violates any constitutional rights or principles.
A person accused accused of violating a constitutional amendment would be tried in what court?
A US DIstrict Court.
In his summary of the majority opinion how does Fortas say the district court responded?
In his summary of the majority opinion, Fortas indicates that the district court responded by acknowledging the importance of the rights at stake and the need for due process in judicial proceedings. The court emphasized the necessity of providing fair representation and ensuring that individuals are afforded their legal rights. This response underscored the court's commitment to safeguarding constitutional protections while addressing the complexities of the case.
What Is the process for appealing a case?
For state prosecuted offenses: Circuit (or District) Court > Court of Appeals > State Supreme Court (and if a Constitutional question is involved) > US District Court > US Court of Appeals > US Supreme Court.
Can laws be declared unconstitutional?
Yes, laws can be declared unconstitutional by a court. This typically happens when a court determines that a law violates the constitution or an individual's constitutional rights. When a law is declared unconstitutional, it is no longer valid and cannot be enforced.
Why has the US Supreme Court been the institution that has extended existing rights and even created new rights by declaring some laws violate Constitutional rights?
The US Supreme Court is the institution that has extended existing rights and even created new rights by declaring some laws violate Constitutional rights because it is the highest court in the United States. The US Supreme Court hears cases which need Constitutional review or where the US Constitution is silent on a subject only because the issue did not exist when the US Constitution was written.
Why do you think the Supreme Court needs to be able to interpret the Constitution?
The Supreme Court needs to interpret the Constitution to ensure that laws and policies align with the fundamental principles and rights it establishes. As societal norms and circumstances evolve, judicial interpretation allows the Court to adapt constitutional applications to contemporary issues, safeguarding justice and individual liberties. Additionally, this role helps maintain a system of checks and balances among the branches of government, ensuring that no law or action violates constitutional rights. Ultimately, the Court's interpretations uphold the Constitution as a living document that reflects the values of the nation.
Do US military personnel have the same constitutional rights in a court-martial as they do in civilian court?
US military personnel DO have Constitutional rights but in many respects the Uniform Code of Military Justice (UCMJ) does not parallel the civilian court system. The two are not really comparable.
What action is a court taking when it decides that it should strike down a legislative act that violates the rights of individuals?
When a court strikes down a legislative act that violates the rights of individuals, it is exercising its power of judicial review. This action involves the court assessing the constitutionality of the law and determining that it conflicts with the rights protected by the constitution. By invalidating the law, the court reinforces the rule of law and protects individual rights against government overreach. This process underscores the judiciary's role as a check on legislative and executive powers.
Who reviews the US Constitution and laws for fairness and protection of rights?
The Supreme Court of the United States reviews laws that are relevant to cases before the Court to ensure their constitutionality, but does not scrutinize them for "fairness," as many people would define the concept.Many laws are unfair to certain people or groups, or fail to protect their rights, but the judicial system is concerned only with whether a law adheres to constitutional principles. In order to overturn an "unfair" law, someone first has to convince the Court that the law directly violates a real person's constitutional rights and causes harm to that person.P.S. If this question relates to homework or a test, then the "correct" answer is the US Supreme Court.
