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Can the Executive branch prosecute someone on a statute that the US Supreme Court deemed unconstitutional?
Wiki User
∙ 14y ago
No. Once a statute is declared unconstitutional, it becomes unenforceable. Congress can rewrite the law to comply with constitutional mandates on the basis of the Supreme Court's decision, however, which they often do. So a person may be prosecuted under new or revised legislation that is substantially similar to the original legislation.
Wiki User
∙ 14y ago
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Does the US Supreme Court have the power to issue executive orders?
No. Only the President of the United States, or the Vice-President, if the President is incapacitated, has the Constitutional authority to issue "executive orders." The President is the head of the Executive branch of government.
Which branch can rule the presidents actions unconstitutional?
If the president is acting according to law but someone believes the law in unconstitutional and sues and the Supreme Court takes the case, it would determine the constitutionality of the law. If the president is acting illegally and violating the constitution, it would be the responsibility of the House of Representatives to initiate impeachment proceedings against the president. The Senate would then determine whether the charges were valid grounds for dismissing the president from office.
What does the chief of executive does?
An executive is someone who has administrative or managerial respnsiability for something. As the nations chief executive the president is responsible for enfoecing laws pssed down by congress and supreme court.
Can the US Supreme Court decide a bill passed by Congress and signed by the President is unconstitutional?
It is very uncommon, in fact extremely rare when one compares the total number of cases the Supreme Court has heard with the number of cases the Court has declared a law unconstitutional. Courts will give a certain amount of deference to laws and consider them constitutional unless proved to be unconstitutional.
What can the US Supreme Court change if it is unconstitutional?
Congress can attempt to rewrite the law so that it conforms with the Supreme Court's interpretation of the Constitution; or, they can abandon an ill-conceived law; or, they can attempt to work with the states to amend the Constitution (the least likely and most time-consuming solution). Congress cannot nullify the Supreme Court decision, however. In most cases, they either rewrite or abandon the legislation. judicial review (GradPoint)
Can the US Supreme Court declare an act of Congress unlawful?
Yes, the US Supreme Court can evaluate federal laws or Acts of Congress and presidential Executive Orders and declare them unlawful or unconstitutional.It is important to understand that the Supreme Court can only declare a congressional Act or presidential Executive Order as unconstitutional only if it has already been signed into law and is relevant to a case before the Court. Contrary to popular belief, the Supreme Court cannot nullify any law or order unless someone brings a lawsuit directly or indirectly challenging it and the Supreme Court accepts the case on appeal.
What does it mean to prosecute someone?
To prosecute someone means to initiate legal proceedings against them in a court of law, typically for breaking the law or committing a crime. The prosecution, usually represented by the government or a legal authority, presents evidence and arguments to prove the defendant's guilt. If found guilty, the defendant may face penalties such as fines, imprisonment, or other consequences.
How do you prosecute someone for taping your conversation?
You don't prosecute someone for this, the District Attorney does. You would need to speak with your local police department and tell them what happened and they can get the ball rolling for this.
How do you prosecute someone who hacked email?
Sick the cops on him, it is a federal offense to hack someone else's email.
Does the US Supreme Court have the power to issue executive orders?
No. Only the President of the United States, or the Vice-President, if the President is incapacitated, has the Constitutional authority to issue "executive orders." The President is the head of the Executive branch of government.
Which branch can rule the presidents actions unconstitutional?
If the president is acting according to law but someone believes the law in unconstitutional and sues and the Supreme Court takes the case, it would determine the constitutionality of the law. If the president is acting illegally and violating the constitution, it would be the responsibility of the House of Representatives to initiate impeachment proceedings against the president. The Senate would then determine whether the charges were valid grounds for dismissing the president from office.
What is a sentence using the word prosecution?
Some examples are: To prosecute is to accuse someone of something or put them on trial. You shouldn't prosecute someone unless you have solid proof.
What does the chief of executive does?
An executive is someone who has administrative or managerial respnsiability for something. As the nations chief executive the president is responsible for enfoecing laws pssed down by congress and supreme court.
A government action that denies someone fair and equal treatment under the law may be declared what?
A governmental action that denies someone fair and equal treatment under the law may be declared unconstitutional. A judge can evaluate a law and declare that it is unconstitutional.
Can a police officer convince someone to prosecute?
They have no legal athority to force anyone to press charges.
Why might someone think torture is unconstitutional?
violates 8th amendment
Can the US Supreme Court decide a bill passed by Congress and signed by the President is unconstitutional?
It is very uncommon, in fact extremely rare when one compares the total number of cases the Supreme Court has heard with the number of cases the Court has declared a law unconstitutional. Courts will give a certain amount of deference to laws and consider them constitutional unless proved to be unconstitutional.
