If the US Supreme Court declares a law unconstitutional, it is nullified and rendered unenforceable. It can not be reinstated.
Congress may rewrite the law so that the new version complies with constitutional principles. The bill would be subject to the same legislative process as new Acts of Congress.
It is also possible to pass an amendment to the Constitution that permits the action that the Court found unconstitutional. Then congress would have to pass a new law taking that action. This is what was done to permit the establishment of a Federal Income Tax.
The Supreme Court would make that determination.
Judicial Review
judicial review
judial review
judicial review
judicial reveiw go apex kids :)
The Supreme Court declares a federal law unconstitutional.
That the law doesn't follow the constitution.
That the law doesn't follow the constitution.
judial review
New York was the first state to declare the death penalty unconstitutional since the U.S. Supreme Court reinstated it in Gregg Vs. Georgia.
If the US Supreme Court declares an Executive Order (Presidential action) unconstitutional, it is checking the Executive Branch.