Can a legislature overturn a supreme court decision holding a particular statute unconstitutional?
No it can't. The only way to overturn a supreme court decision is either another supreme court decision, or a constitutional amendment.
Can The Supreme Court have the power to decide if laws are unconstitutional can the president overturn its decision with veto power?
No Read More
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. Read More
Congress can REPEAL any law, constitutional or not. Only the Court can overturn a law because it is unconstitutional. Read More
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. Read More
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. Read More
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. Read More
It is when the Supreme Court can overturn Laws Challenged by the Judiciary as Unconstitutional. Read More
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… Read More
When an appellate Judge overturns a lower Judge's ruling can the lower Judge once again overturn the decision?
The lower court cannot overturn the higher court's decision. Read More
Nothing but the President can choose not to enforce it. (The decision) Read More
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. Read More
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. Read More
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. Read More
Constitution amendment Read More
President can veto it Supreme Court can rule it unconstitutional Future Congress can repeal it Read More
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. Read More
Should Congress be permitted to overturn a US Supreme Court's decision by drafting a piece of legislation contrary to the Court's decision?
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. Read More
A court decree is a court decision made by a judge and made public. This is an official decision that no one can overturn. Read More
The President can veto bills approved by Congress, and the Supreme Court can overturn laws passed by Congress as unconstitutional. Read More
By issuing a judicial review. Read More
The decision of the court is ALWAYS binding on everyone, unless it is appealed to a higher court which may overturn the decision. Read More
The decision overturned the Plessy v. Ferguson decision of 1896 which allowed state-sponsored segregation. Read More
Uphold the original decision - Overturn the original decision - Remand the case back to the lower court. Read More
It can mean to reverse a law or legal decision that has already been rendered. Read More
Nineteenth, giving women the right to vote Read More
The US Supreme Court may overturn a law for a variety of reasons. The reason most likely to bring publicity to the decision is a ruling that a law is "unconstitutional." That means that the law conflicts in some way with the provisions of the US Constitution. Read More
Judicial review is the prerogative of the Supreme Court of the US. It is their ability to overturn passed laws that they find unconstitutional. Read More
All US Supreme Court decisions require a simple majority vote for a decision. For example, if nine justices hear a case, at least five must agree on a decision. The only court that can overturn a US Supreme Court decision is the Supreme Court itself. Read More
It doesn't. The Constitution doesn't give Congress (Legislative branch) authority to change the Supreme Court's (Judicial branch) decisions. If it did, there would be no check on the power of Congress, and no way to overturn unconstitutional laws. For more information, see Related Questions, below. Read More
Congress passes a law The President vetoes it Congress overrides the veto The law is appealed to the Supreme Court which rules it unconstitutional What?
"What?" indeed! If the Supreme Court rules it unconstitutional, that ends it. The only ones who can overturn that are some future Supreme Court. Read More
The Supreme Court can rule that a law is unconstitutional, and since the constitution takes precedence over other laws, that effectively overturns it. Read More
Can the Supreme Court rule any residential law unconstitutional forcing a joint session of congress to overturn?
No. Not sure what you mean by "any residential law," but there are only two ways a US Supreme Court decision can be overturned, and a joint session of Congress isn't one of them. First, the Supreme Court can only evaluate laws that are relevant to cases before the Court and properly under their jurisdiction. They can't just pick and choose any law and declare it unconstitutional; they have to wait for the opportunity to… Read More
Affirm and uphold the original decision. Overturn the original decision. Remand it back to the original court of jurisdiction for re-trial. Read More
Plessy V Ferguson (1896) Read More
Plessy v. Ferguson Read More
The Judicial Branch can declare a Presidential Order (called an Executive Order) unconstitutional. While the US Supreme Court is the final arbiter of constitutionality, even US District Courts can overturn an Executive Order, as was the case with President Obama's moratorium on deep water drilling in the Gulf. The lower court's decision may be appealed all the way to the Supreme Court, but in this instance it wasn't. Read More
"Seperate but Equal", from the case Plessy vs. Ferguson. Read More
The Supreme Courts job is to interpret and uphold the laws of today based on their knowledge of the constitution. They would not be able to decide anything directly violating the constitution, but they do have their own interpretation of what it says. Knowing this, it is possibly that the amendments could overturn their decision, although it is extremely unlikely that it would. Read More
The Judicial Branch can declare an Executive Order (a Presidential Order) unconstitutional if it is presented to the court as part of a case or controversy. While the US Supreme Court is the final arbiter of constitutionality, even US District Courts can overturn an Executive Order, as was the case with President Obama's moratorium on deep water drilling in the Gulf. The lower court's decision may be appealed all the way to the Supreme Court… Read More
Yes. Chief Justice Roger Taney declared the Missouri Compromise unconstitutional because he thought Congress had overstepped its authority by trying regulate slavery in the states. This was in keeping with another part of the Dred Scott decision that held slaves were the property of their owners (not citizens), and it was therefore unconstitutional under the Fifth Amendment to deprive an owner of his property without Due Process of law. Case Citation: Dred Scott v. Sanford… Read More
The main job of the Supreme Court is to interpret laws. They asses the constitutionality of laws and circumstances. They have the power to overturn laws they find unconstitutional. Read More
The Supreme Court is the head of the judicial branch of the government and has the responsibility to enforce the Constitution. If legislation is found to be unconstitutional then it is overturned. Read More
A U. S. president cannot reverse a U. S. Supreme Court decision or the decision of the Supreme Court of any state or territory. Read More
Congress has power over the courts because it makes the laws which it must use to try a case. If the court finds the law unconstitutional, they can overturn it. Read More
The Supreme Court, which is the head of the Judicial Branch of government is empowered to decide on the constitutionality of laws. When a law is deemed unconstitutional, it is overturned. Read More
Any Article III (constitutional) federal court in the Judicial Branch of government may declare a law or executive order unconstitutional under the doctrine of judicial review, but only if the law is relevant to a case or controversy before the court. Because Executive Orders and federal laws are important, any decision overturning a one or the other as unconstitutional would probably (not definitely) be appealed to The US Supreme Court. The Supreme Court is the… Read More
Bills are introduced in the legislature - debated - passed - sent to the governor for their signature - once signed (or passed via a veto overturn vote) - they become law. Read More
The only court that can overturn a Supreme court decision is the Supreme court itself. Read More