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Can the US Supreme Court make a decision even if the President and Congress disagree?

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2010-07-19 04:35:59
2010-07-19 04:35:59

Yes, the Supreme Court is independent of the President and Congress, so their rulings do occasionally result in conflicts with the Executive or Legislative branches. The President cannot veto Supreme Court decisions, and has no other recourse to change decisions he (or she) dislikes.

Congress can pass new legislation that satisfies the constitutional challenges raised by laws that have been nullified, unless the principle behind the law is, itself, unconstitutional, which is what they did in response to Hamden v. Rumsfeld,(2006). This also served the interests of the President, so he had an indirect impact on the Supreme Court in that case.

The Supreme Court is part of the system of "checks and balances" on the power of the Executive and Legislative branches when it ensures neither section of our tripartite government exceeds its authority and seizes too much power, or violates people's constitutional rights by passing laws that undermine guaranteed protection. Congress and the President, in turn, have means of checking the power of the Supreme Court.

Examples of Supreme Court Decisions Presidents Didn't Like

President Roosevelt, for example, wasn't particularly happy about the Court's ruling in a number of New Deal cases. The Supreme Court determined in Panama Refining Co. v. Ryan, 293 U.S. 388 (1935), that Congress had inappropriately delegated its power to the President, who attempted to impose penalties on oil companies that withdrew and shipped more than a specified amount of oil interstate and to other countries.

President Truman was annoyed by the Court's decision in the Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952), (also called the Steel Seizure Case) when the Court determined Truman had overstepped his authority by attempting to seize operation of the nation's steel manufacturers during the Korean War in order to avert a threatened United Steel Workers of America strike.

More recently, President George W. Bush was thwarted in his attempt to remove the Supreme Court from participating in legal actions initiated by detainees at Guantanamo in Hamdan v. Rumsfeld, 548 U.S. 557 (2006). This was only a temporary victory for the liberal faction of the Court, however, because Justice Antonin Scalia, in his dissenting opinion, drew a blueprint for Congress to circumvent the Court's ruling. It's been rumored that Congress may lose the next round of the battle, because certain members of the Supreme Court and Congress believe the military tribunals used in place of the federal courts are allowing violations of the Constitutional and Geneva Convention.

For more information about checks and balances the Executive and Legislative branch can impose on the US Supreme Court, see Related Links, below.

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Nothing but the President can choose not to enforce it. (The decision)

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I'm saying it either goes to the house of Representatives or to the president. if they agree or disagree, it may go to the people and they'll have to vote.

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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 nullify a Supreme Court decision by ratifying a constitutional amendment.

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It's divided between the President (Obama), the Congress, and the Supreme Court.

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Absolutely. Even US Supreme Court justices disagree with each other's interpretation of the Constitution, which is why there are seldom unanimous votes.While the President and members of Congress may disagree with certain Supreme Court decisions, the justices are the final arbiters of the Constitution. The other branches of government must abide by the Court's opinions.

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no... Once the U. S. Supreme Court makes a decision in the interpretation of a law or a part of the Constitution, a precedent is set, and their decision holds the same weight as the original law. The President can no more overturn a Supreme Court decision than he/she can make a new law without Congress. The President can, however, sign into law a bill that has passed both houses of Congress that repeals or modifies a law or Constitutional clause on which a Supreme Court decision has been rendered, thereby, in effect, overriding the Supreme Court.

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Congress cannot change a supreme court decision. They can only implement new legislation which the court can continue to rule on. To change the basis of a supreme court decision, the constitution needs to be changed.

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In order to protect the checks and balances of the government the Supreme Court can find a piece of legislation unconstitutional, but their decision can not be overridden by the President. The only way that the decision of the Supreme Court can be overruled is by them reversing their decision or the constitution of the state being revised. The President has the power to appoint Justices to the Supreme Court - with confirmation by the Senate but once they are on the bench, their rulings are binding and the President cannot overrule them. The most that the President could do is persuade Congress to impeach a member of the Court (otherwise they serve until they either resign/retire or until they die). The President could also work with Congress to pass a Constitutional Amendment to overturn a ruling by the Supreme Court.

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Supreme Court decisions can only be overridden in two ways:The US Supreme Court reverses a decision on an earlier case by making a contradictory decision on a current case.Congress and the States override a decision by amending the Constitution.There are several legitimate and illegitimate methods Congress and the President use to resist Supreme Court decisions that may have the practical effect of overriding a decision, however.Sometimes the Executive Branch obstructs or fails to enforce a decision.Sometimes Congress rewrites legislation to bring it into compliance with constitutional guidelines.Sometimes Congress strips the Supreme Court of its appellate jurisdiction over certain types of cases to deprive them of the ability to overturn a law or policy.

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Congress, the President and the US Supreme Court are the leaders of the three branches of the US Government: Congress = Legislative Branch President = Executive Branch Supreme Court = Judicial Branch

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The US Supreme Court determines what is and is not constitutional, not Congress. If the Supreme Court makes a decision Congress opposes, they can write legislation to circumvent the decision, modify current legislation to comply with the letter of the ruling, or attempt to initiate a new constitutional amendment to overrule the decision (unlikely). Although they are not supposed to, Congress may thwart the Supreme Court by failing to pass legislation supporting the Court's decision.

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AnswerDeclare acts of the supreme court unconstitutional.AnswerNo, they can't. The US Supreme Court is the ultimate arbiter of constitutionality; Congress has no authority to override their decisions or to formally declare a decision unconstitutional. Congress has two possible responses to a decision they disagree with:They can initiate an Amendment to the Constitution that, if passed by two-thirds of the House and Senate and ratified by the three-quarters of the states, can override a Supreme Court decision;They can rewrite legislation to bypass bring an Act or law into compliance with the justices' decision; or,They can wait and hope a future Supreme Court will reverse the decision itself.These are the only options.

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No. The president does and congress approves.

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The constitution of the country is what guides the Supreme Court. IF the acts of the president and the congress are unconstitutional, the Supreme Court will declare them so.

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Congress checks the Supreme Court by approving or disapproving the judges that the president suggests

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A U. S. president cannot reverse a U. S. Supreme Court decision or the decision of the Supreme Court of any state or territory.

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The President must have the consent of the Senate, not the entire Congress, to appoint a Supreme Court Justice.

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It is a part of the checks and balances built into the Constitution. They are appointed and the president gives the names to Congress. Congress conducts hearings and questions the future justice and they make the decision about the person.

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* Executive - President and Vice President * Legislative - Congress, made up of the Senate and House of Representitives * Judicial - the Supreme Court* Executive - President and Vice President * Legislative - Congress, made up of the Senate and House of Representitives * Judicial - the Supreme Court* Executive - President and Vice President * Legislative - Congress, made up of the Senate and House of Representitives * Judicial - the Supreme Court* Executive - President and Vice President * Legislative - Congress, made up of the Senate and House of Representitives * Judicial - the Supreme Court* Executive - President and Vice President * Legislative - Congress, made up of the Senate and House of Representitives * Judicial - the Supreme Court* Executive - President and Vice President * Legislative - Congress, made up of the Senate and House of Representitives * Judicial - the Supreme Court

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Supreme court judges? They are nominated by the President then approved by Congress.

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No, the President of the United States does not have the authority to reverse a Supreme Court decision.

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Congress can accuse the President and Supreme Court judges.

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change the law. or not pass it. what can they do? .... #@%$ all


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