Can Congress make unconstitutional laws

Answer 1

Yes, the US Supreme Court can nullify an unconstitutional law, but ONLY under certain circumstances.

The Supreme Court can only apply judicial review laws relevant to a case on appeal before the Court. Contrary to popular belief, the Supreme Court cannot be proactive in reviewing state and federal statutes.

The justices don't have constitutional authority to overturn legislation simply because they don't like it. Someone with "standing" (is personally injured by the law in a manner the courts can address) must first file a lawsuit directly or indirectly challenging the law, then follow the appeals process all the way to the US Supreme Court.

Answer 2

Yes, but... Congress is supposed to make laws that uphold the principles of the Constitution, but that doesn't always happen. Legislation can become law even if it doesn't agree with the Constitution, but the law can be challenged in the courts and be nullified or overturned if the judges or justices believe it violates the Constitution.

The bottom line is Congress can make unconstitutional laws if enough of them agree to pass the legislation and if the President doesn't veto it or if Congress has enough votes to override the veto, but the laws can be overturned by the courts or repealed by Congress later.

Answer 3

Supreme Court should have the power to declare a law passed by Congress unconstitutional because then, we wouldn't need a Constitution. Also, we would have to obey laws that would be sometimes unfair.

Answer 4

As one-third of the three branches of our Government in which a system of checks and balances was placed on each branch by the Constitution....

Yes... It's what they do.

Answer 5

As long as their decisions are based on both the letter and the spirit of the laws and the Constitution and not on anyone's personal opinions or wishes, they are doing a good thing.