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What can Congress do if the Supreme Court hands down a decision interpreting the Constitution in a way that Congress considers wrong?
Wiki User
∙ 15y ago
Congress really has three options:
First, Congress can be mindful of the objections that the Supreme Court raised in its ruling. Then, it can reformulate the statutes in question to achieve a close or similar goal that is nonetheless in compliance with the Supreme Court's view. In the abortion debate, for instance, the Supreme Court ruled that women have the right of choice, but many states have restricted abortions in some ways, e.g. requiring parental notification, prohibiting so-called late-term abortion, banning "morning after" pills, etc. These provisions have generally withstood judicial review.
Second, Congress can adopt a proposed constitutional amendment to overrule the Supreme Court. However, a proposed constitutional amendment would then also need to be ratified by constitutional conventions in the various states or by the legislatures of a majority of the states.
Third, when there are vacancies on the Supreme Court, Congress (specifically, the Senate) approves presidential appointees to the Court. The Senate can refuse to confirm appointees that the Senate suspects would rule a certain way or not. Thus, the Senate has a (limited) ability to shape the ideology of court appointees--and over time, the Court may have a sufficiently different makeup that a new case coming before it on the same topic might be ruled on differently. For instance, with a new conservative majority on the court, anti-abortion activists might try to have Roe v. Wade overturned. Thus, the Senate might reject or confirm appointees in consideration of how they would rule if confronted with another case on the same issue.
Wiki User
∙ 15y ago
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Can congress change a court decision?
If the courts interpret an ordinary law in an unfavorable way, Congress may just pass a new law to clarify. If a decision is ruled interpreting the Constitution, Congress may amend the constitution or impeach federal judges in hopes to sway the courts in their favor (Checks and Balances). However, the Seperation of Powers in our system prevents Congress from having any judicial power.
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.
Should Congress be permitted to overturn a US Supreme Court's decision by drafting a piece of legislation contrary to the Court's decision?
Sometimes. If the Supreme Court decision interprets a statute or common law, it can be overturned by a legislative statute to the contrary. However, if the Supreme Court decision is interpreting constitutional law, a constitutional amendment would be required to overturn the decision.
The court may reverse its earlier decision because of what?
Error in interpreting or applying the law.Possibly an error in interpreting or applying the law.
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 part of the US Constitution did the 1857 Dred Scott case seem to ignore?
Many people believed that in the Dred Scott decision rendered in 1857, was clearly the wrong decision. Critics of the Court cite that in Article IV, Section 2 the Constitution states that Congress has the power to make all needful laws regarding territory or property belonging to the US. The 1857 decision claimed that Congress had no right to pass laws or regulate slavery. And that slaves were property. This contradicts the US Constitution.
What was the reasoning behind the Supreme Court's decision in Marbury v Madison?
Does the supreme court have the power to invalidate an act of congress because it violates the constitution.
If the Supreme Court makes a decision that contradicts the Constitution of the United States who can overrule the Court?
The Supreme Court determines what contradicts the Constitution. So it supposedly isn't possible for them to rule against it. If people don't like the decision of the Supreme Court, they can pass laws and/or amend the Constitution to change it. Congress would be who would overrule it, particularly members who were there when they passed whatever law. The Court is not allowed to put words in the mouth of Congress.
What decision were made the first continental congress.?
One of the Congress major decision was to endorse the Suffolk Resolves.
What is the difference between interpretation and interpreting?
Compiling is a form of 'gathering' information to come to a solution. Interpreting is seeing the information already presented, and then making a decision or judgment based on that. (:
What is the difference between compiling and interpreting?
Compiling is a form of 'gathering' information to come to a solution. Interpreting is seeing the information already presented, and then making a decision or judgment based on that. (:
President Truman's decision to deploy 1.8 million troops in the Korean War without a formal declaration of war from Congress?
truman violated the spirit if not the letter of the constitution.
