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Can the US Justice department declare a law is unconstitutional?
Wiki User
∙ 12y ago
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.
Wiki User
∙ 14y ago
Wiki User
∙ 12y agoNo
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Can a member of congress declare a law unconstitutional?
no
What can the supreme court do to a law?
The SC can declare a law constitutional or unconstitutional.
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.
Does the Judicial Branch have checks on any of the other Branches?
Yes. The Judicial Branch can declare a law unconstitutional, and it can declare presidential actions unconstitutional.
Does Congress have the expressed power to declare laws unconstitutional?
Congress cannot declare laws unconstitutional. The Judiciary Branch may declare a law unconstitutional only if it conflicts with some provision of the State or Federal Constitution. The Supreme Court can rule a law to be unconstitutional, but Congress, along with the States, can only amend the Constitution.
What branch has the power to the declare a law unconstitutional?
The Judicial branch.
What is the one result of supremacy clause?
The Supreme Court declare state law unconstitutional
Where in the constitution does it say that the legislative branch can declare a law unconstitutional?
nowhere.
When the Supreme court declare a law as unconstitutional we have an example?
judial review
What is the supreme courts ability to declare a law unconstitutional?
Checks and balances
What powers does supreme court have in interpreting laws?
it can declare a law unconstitutional
Has any president other than Obama declared a law unconstitutional?
The president does not have the power to declare a law unconstitutional - that power belongs to the Supreme Court. Other presidents have vetoed bills passed by Congress before they became law because the president believed they were unconstitutional. Obama has decided to direct his justice department not to enforce certain immigration laws and the defense of marriage act which he does not agree with. Other presidents have been lax about enforcing some laws and court rulings, Andrew Jackson for one.
