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Can a legislature overturn a supreme court decision holding a particular statute unconstitutional?


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2011-05-10 19:27:35
2011-05-10 19:27:35

No it can't. The only way to overturn a Supreme Court decision is either another supreme court decision, or a constitutional amendment.

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The executive branch can veto legislation that he/she doesn't believe should be a law. The legislature can overturn a judicial branch decision but only with a high margin vote. The judicial branch can overturn any piece of legislation they find to be unconstitutional.

Congress can REPEAL any law, constitutional or not. Only the Court can overturn a law because it is unconstitutional.

No, an Appeals Court cannot 'find' a law unconstitutional. They might declare a law to be unconstitutional IN THEIR BELIEF, but they can only overturn the decision of the lower court and/or return it to them for further action or consideration. Only the U.S. Supreme Court can find a law unconstitutional.

Both the state and federal supreme courts can overturn unconstitutional state laws; the US Supreme Court is the ultimate authority on the constitutionality of federal law.

It is when the Supreme Court can overturn Laws Challenged by the Judiciary as Unconstitutional.

The Constitution limits Congress's power in multiple ways. For instance, the President can veto legislature passed by the Congress, while the Judicial branch can overturn Congress's laws by ruling them unconstitutional.

Nothing but the President can choose not to enforce it. (The decision)

the supreme court rules an act of congress unconstitutional, so congress proposes a constitutional amendment to overturn the decision

No. Neither the President nor Congress can overturn a US Supreme Court decision. Congress may rewrite unconstitutional legislation so it complies with the Court's decision. There are only a few ways a decision may be overturned:The Supreme Court may overturn a precedent set by an earlier Court by making a different decision in a later, similar case.The Supreme Court may reverse its own decision on rehearing (rare).Congress and the States may effectively nullify a Supreme Court decision by ratifying a constitutional amendment.

any decision the president makes they can overturn it

It states that the supreme court can overturn anything it sees as unconstitutional

Sometimes. An appellate court judge or panel can overturn a lower court judge's (or jury's) decision if there are legal grounds for doing so; they can also affirm, or uphold, the decision.In the federal court system, the US Court of Appeals Circuit Courts have jurisdiction over cases heard in US District Courts, and have authority to overturn a decision.

Yes. Due to the process of Judicial Review, considered by some the most powerful force in the government, the Supreme Court has the authority to overturn virtually any law or decision deemed unconstitutional.

President can veto it Supreme Court can rule it unconstitutional Future Congress can repeal it

Yes, if the law is relevant to a case or controversy before the Supreme Court and they determine it is unconstitutional, they can overturn (or nullify) the law and render it unenforceable.

Supreme Court decisions can only be overturned in two ways:The US Supreme Court can overturn a decision on an earlier case by making a contradictory decision on a current case (or by reversing a current decision).Congress and the States can overturn a decision by amending the US Constitution.

A court decree is a court decision made by a judge and made public. This is an official decision that no one can overturn.

The President can veto bills approved by Congress, and the Supreme Court can overturn laws passed by Congress as unconstitutional.

Sometimes. If the Supreme Court decision interprets a statute or common law, it can be overturned by a legislative statute to the contrary. However, if the Supreme Court decision is interpreting constitutional law, a constitutional amendment would be required to overturn the decision.

The decision of the court is ALWAYS binding on everyone, unless it is appealed to a higher court which may overturn the decision.

The decision overturned the Plessy v. Ferguson decision of 1896 which allowed state-sponsored segregation.

Uphold the original decision - Overturn the original decision - Remand the case back to the lower court.

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