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As long as the majority of the court agrees that the law does, in fact, violate the US Constitution, they can declare it unconstitutional and strike it down.
What else can I help you with?
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 When a law is declared unconstitutional, it is no longer valid and cannot be enforced.
Can any supreme court declare any law unconstitutional?
As long as the majority of the court agrees that the law does, in fact, violate the US Constitution, they can declare it unconstitutional and strike it down.
What is a executive check on the supreme court?
The executive branch is responsible for implementing and enforcing laws. However, the supreme court has the power to deem any action unconstitutional or unlawful, and prevent or undo those actions.
What does the supreme court call a unconstitutional law?
Any state or federal law, executive order or treaty that's relevant to a case under review in a court and operates contrary to the Constitution.
What law was founf to be unconstitutional in the dred scott decision?
The Supreme Court in the Dred Scott decision declared the Missouri Compromise of 1820 unconstitutional. The Court ruled that Congress did not have the authority to prohibit slavery in the territories, as it violated the property rights of slave owners guaranteed by the Fifth Amendment to the Constitution.
What is the process to have a law declared unconstitutional?
supreme court
Who can declare an act of the President unconstitutional?
Any court in the federal Judicial Branch may declare an Executive Order (or act of the President) unconstitutional if it is relevant to a case or controversy before the Court. For example, Judge John Sirrica of the US District Court for the District of Columbia held that President Nixon couldn't keep the Watergate taps by exercising Executive Privilege because the tapes were part of a federal investigation affecting the rights of other individuals.When a lower court declares a law, executive order or other act unconstitutional, the case will inevitably go to the US Supreme Court because the stakes are high, and they are the final authority on constitutional interpretation. In the Nixon case, the Supreme Court upheld the US District Court's decision and ordered the tapes turned over to the Special Prosecutor.
How can a US Supreme Court justice be transferred?
They can't be transferred. The US Supreme Court is the highest appellate court in the United States. There is nowhere to transfer a justice, and any attempt to demote one to a lower court would be unconstitutional.
Can US District Court decide if a law is unconstitutional?
Yes, US District Courts can, and do, declare laws unconstitutional. Any court can declare a law unconstitutional if the law is relevant to a case they're trying or reviewing; however, the government would probably appeal the case all the way to the Supreme Court to get a definitive answer. The US Supreme Court is the ultimate arbiter of constitutionality, and has final authority over questions of constitutionality.
Can a state court rule on a federal constitutional issue?
Any court, even a lower state or federal District Court, can find a federal law that is relevant to a case or controversy before that count unconstitutional, if the court has a rational basis for making such determination. These cases often end up being petitioned to the US Supreme Court for a definitive answer.
Describe one factor that checks or limits the power of judicial review?
Supreme court justices are appointed by the executive branch and are approved by the judicial branchIf the Supreme court declares a law unconstitutionally, the legislative branch can then pass (and the executive branch can sign ) a law that is worded in a way that is constitutional.The constitution can be amended to get around a Supreme Court ruling that a law is unconstitutional. For example, when Congress first passed a law implementing an income tax, the supreme court struck it down as unconstitutional. There ratification of the Sixteenth amendment in 1913, however, made such a tax clearly constitutional.hdfaljdfnajfalsk jlfad
How has the Supreme Court ruled an executive privilege?
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.
