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If the President and Congress are unhappy with a US Supreme Court decision how can they change it?
Wiki User
∙ 12y ago
Neither the President nor Congress have authority to change a US Supreme Court decision.
Supreme Court decisions can only be changed in one of two ways: 1) The Court can overturn its own decision, or 2) Congress and the states can ratify a constitutional amendment that eradicates the decision and/or protects an entity from future action.
Congress and the States created the Eleventh Amendment in direct response to the decision in an early Supreme Court case, Chisholm v. Georgia, (1793), revoking the federal courts' Article III power to hear cases between a state and citizens of another state after the Supreme Court ruled Georgia had to pay two men for property it seized during the Revolutionary War. This had the potential to cause economic devastation for the States.
While the President and Congress can't directly change an unfavorable decision, they may circumvent the decision by passing legislation that addresses the constitutional challenge while still accomplishing their goal. Congress also has the right to prevent the Supreme Court from hearing certain types of cases under their appellate jurisdiction (called jurisdiction stripping) to reduce the possibility of certain controversies being declared unconstitutional in the future. Neither of these actions would overturn or change the Court's decision; they are simply political maneuvers used to check the federal judiciary.
Wiki User
∙ 12y ago
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What cases does the Supreme Court have the power to hear?
The Supreme Court is brought a large number of cases every year to review, but they do not have to hear all of them. They choose from cases that have already gone through state or federal courts where one of the parties was unhappy with the previous decision.
Is the US President required to enforce a Supreme Court decision even if he disagrees with it?
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.
Can you sue the Supreme Court?
No. The Supreme Court, like all courts, is immune from lawsuits. If they weren't, people would be suing constantly (someone is always unhappy with the outcome of a case), which would interfere with the justices' ability to make an impartial decision. There are enough obstacles standing in the way of impartiality already.
Why did the republics of Yugoslavia secede?
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What the idiom mean bite the bullet?
To take an unhappy decision or result and deal with it resolutely
What is a sentence using the word congress?
The US Congress is the legislative branch of the government.Citizens were unhappy with how Congress could not agree on major issues.Members of Congress often serve on committees.
Franklin Delano Roosevelt was unhappy with the Supreme Court because its members?
President Roosevelt was unhappy with the US Supreme Court because they ruled six of eight New Deal Programs and one government agency unconstitutional. President Franklin Roosevelt and Congress hoped to improve economic conditions in the United States during and immediately after the Great Depression through a series of programs known as the New Deal. Unfortunately, Roosevelt inherited a court full of older justices who disapproved of the legislation, and declared six of Congress' eight major Acts unconstitutional, thwarting Roosevelt's plans. Roosevelt was angry with the justices, whom he referred to as the "Nine Old Men," for refusing to allow New Deal policies to work as intended. In Roosevelt's mind, the Supreme Court presented a major obstacle to economic recovery and stabilization because of their conservatism. For more information, see Related Questions, below.
What happens after a case goes on the supreme cour's docket?
There are various steps that lead to a Supreme Court hearing. First of all, the case begins in the lower courts. If unhappy with the decision reached in this court, the case can be appealed before US Court of Appeals. If this doesn't go well, the defendant can request a rehearing or petition the Supreme Court. A petition of certiorari has to be filed, this will ask the Supreme Court to hear the case. At this point, the Court will either agree to hear the case, or reject it.
