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Does Congress has the authority to overturn a law for being unconstitutional?
Wiki User
∙ 14y ago
Congress can REPEAL any law, constitutional or not. Only the Court can overturn a law because it is unconstitutional.
Wiki User
∙ 14y ago
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The power of judicial review allows the Supreme Court to?
The power of judicial review allows the supreme court to: 1)Overturn an act of Congress that violates the Constitution. ...2) Can obstruct the supreme court's rulings by refusing to enforce them. ...3) Can overturn an unconstitutional law passed by Congress.
What authority does judicial review give to the US Supreme Court and other federal courts?
Judicial review allows a court to evaluate laws, policies and presidential executive orders that are relevant to a case being heard by that court and determine if they are constitutional. The courts may nullify (overturn) any of these and render them unenforceable if they're found to be repugnant to the Constitution. It is important to note that any act of the President or Congress found unconstitutional in a lower court will almost certainly be appealed to the US Supreme Court for a final decision.
What is the judicial branch of government responsible for?
The Judicial Branch is strictly responsible for "interpreting the law". What this means is that the Judicial Branch can overturn laws and bills if it is deemed "unconstitutional". (But only if they are part of a case being heard in that court)
How does Congress veto a US Supreme Court decision?
Congress cannot override a Supreme Court decision. If the decision interprets the Constitution or an Amendment, Congress cannot override the decision except by calling for a Constitutional Convention to change that provision of the Constitution or Amendment. (Not likely) This would require cooperation from the States, and is not something Congress could accomplish on its own. If the decision interprets a federal law, Congress can amend or replace the law to correct its deficiency. If the Supreme Court interprets both by comparing the law to the Constitution or Amendment to see if the law is constitutional and decides the law is unconstitutional because it is vague or can be applied in a discriminatory manner, Congress can amend the law in such a way that the Constitutional problem is solved. Technically, this is not "overriding" the decision, but it is one way Congress can make a law do its intended purpose without being unconstitutionally vague about the subject and purpose. Other than that, only the Supreme Court can overturn its own precedent.
What is the final authority in the federal system?
Theoretically in the United States, it is congress. The constitution gives congress the right to overrule any Supreme Court decision. It has never done that. It gives congress rights over decisions of the Executive branch. Congress usually defers. There is a difference between being the final authority and having common sense.
Explain what authority does Congress have to check the power of the Executive Branch?
Congress has the authority to pass laws. If the President vetoes the proposed law, Congress has the authority to override the veto by a 2/3 vote, and the law takes affect anyway. The House of Representatives has the authority to impeach any government officer from President on down, and the Senate acts as a jury to determine if the officer should be removed from office. For an amendment to the US Constitution, the Congress must pass it by 3/4 majority vote, after which the proposed amendment is sent to the States for ratification by their legislatures. Neither the President nor the Governors of the various states have any role to play in this process.
What is the final authority in Federal system of government?
Theoretically in the United States, it is congress. The constitution gives congress the right to overrule any Supreme Court decision. It has never done that. It gives congress rights over decisions of the Executive branch. Congress usually defers. There is a difference between being the final authority and having common sense.
What powers does the judicial review give the supreme court?
Protect citizens from being tired under unconstitutional laws Apex
Can congress pass laws regarding marriage?
Yes they can, and they have. Some have been declared unconstitutional by the Supreme Court after being passed. In general, federal law supersedes state law.
In a federal system of government what is the final authority?
Theoretically in the United States, it is congress. The constitution gives congress the right to overrule any Supreme Court decision. It has never done that. It gives congress rights over decisions of the Executive branch. Congress usually defers. There is a difference between being the final authority and having common sense.
What are the three checks of the power of congress?
The President can veto legislation. The Supreme Court can deem laws unconstitutional. The President nominates Supreme Court Justices.
How can the Sarbanes-Oxley Act be repealed?
By an act of Congress, or by it being declared unconstitutional by the Supreme Court. That's not likely, though--it passed the Senate 99-0 and the House by 344-90.
