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Can state courts declare laws and acts by the federal government unconstitutional?
Wiki User
∙ 12y ago
Judicial Review
Article III (constitutional) federal courts in the Judicial Branch of government may declare a law unconstitutional under the doctrine of judicial review, but only if the law is relevant to a case or controversy before the court. The US Supreme Court is the final arbiter of constitutionality, however, and may overturn the lower courts' decision on appeal.
The only federal courts that have this power are:
- US District Courts
- US Court of International Trade
- US Court of Appeals Circuit Courts
- Supreme Court of the United States
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoYes, a state court can declare a federal law or executive order unconstitutional if it is relevant to a lawsuit or other action before the court. However, the federal government would undoubtedly challenge that decision by appealing to the federal courts; the state courts cannot nullify a federal law. The US Supreme Court is the ultimate authority on constitutionality and would probably make the final decision.
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How can federal courts check the president's power?
The federal courts can check the Presidents power by that courts can declare executive actions unconstitutional.
How can federal courts the presidents power?
"The federal courts can check the Presidents How_can_Federal_Court_check_the_presidents_powerby that courts can declare executive actions unconstitutional."
Both federal and state courts have the power to declare criminal statutes unconstitutional?
True
How do the federal courts check the US President?
If the President (representing the Executive Branch of government) signs a piece of legislation into law, the federal courts (representing the Judicial Branch of government) can find it unconstitutional - or - alter the unconstitutional aspects of it, in its application.
Which branch of the federal government has the power to declare the law unconstitutional?
Judicial :)
What is the supreme courts ability to declare a law unconstitutional?
Checks and balances
Can an arbitrator declare a law unconstitutional?
No, that is a power reserved for the courts of the Judicial Branch.
Do federal courts have the right to nullify laws?
Any court can declare a law unconstitutional, but the government would appeal the decision to the US Supreme Court, the ultimate arbiter of constitutionality. Due to the appeals process, only the Supreme Court nullifies federal (and sometimes state) laws.
What can the Judicial Branch declare?
The Judicial Branch may declare laws related to cases before the courts unconstitutional.
If a Nevada law violates the US Constitution can it be declared null or void?
It wouldn't be called null or void, but yes, the federal courts can and do declare a state and federal statutes unconstitutional. This has the effect of repealing the statute.
Can federal courts refuse to enforce a state or federal statute that violates the US Constitution?
The courts have no power of enforcement; they can declare a statute unconstitutional and render it unenforceable, but they require the Executive Branch (President or Governor) to provide actual enforcement.
What does The supremacy clause of the Constitution forbids?
States from passing laws that contradict federal law.
