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Answered 2010-09-03 01:33:16

If a law is challenged in court or is relevant to a case appealed to the US Supreme Court, and the US Supreme Court declares the law unconstitutional, it will be nullified, or overturned. Unconstitutional laws are unenforceable.

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When law is said to be unconstitutional, it is nullified, or rendered unenforceable. The act of declaring a law unconstitutional is nullification.


As long as the majority of the court agrees that the law does, in fact, violate the US Constitution, they can declare it unconstitutional and strike it down.



When the US Supreme Court declares a law under judicial review unconstitutional, it is an example of a check against Congress. Judicial review is part of the system of checks and balances.


The legal concept or theory whereby a court declares a law unconstitutional is commonly called "judicial review." This was not so much established as confirmed by the US Supreme Court case Marbury v. Madison.


No. Any court can declare a law unconstitutional if the law is part of a case they're trying or reviewing; however, the government would probably appeal the case all the way to the Supreme Court to get a definitive answer. The US Supreme Court is the ultimate arbiter of constitutionality, and has final authority over questions of constitutionality.


The US Supreme Court can nullify laws that are unconstitutional, but only if the law is appropriately challenged by a person or entity with standing.


Yes, US District Courts can, and do, declare laws unconstitutional. Any court can declare a law unconstitutional if the law is relevant to a case they're trying or reviewing; however, the government would probably appeal the case all the way to the Supreme Court to get a definitive answer. The US Supreme Court is the ultimate arbiter of constitutionality, and has final authority over questions of constitutionality.


Both the state and federal supreme courts can overturn unconstitutional state laws; the US Supreme Court is the ultimate authority on the constitutionality of federal law.


No, an Appeals Court cannot 'find' a law unconstitutional. They might declare a law to be unconstitutional IN THEIR BELIEF, but they can only overturn the decision of the lower court and/or return it to them for further action or consideration. Only the U.S. Supreme Court can find a law unconstitutional.


If a state court declares a state law unconstitutional, the state will probably appeal the case to the state supreme court. If a state court declares a federal law unconstitutional, the losing party in the case will appeal the decision in the federal courts. The case could ultimately be heard by the US Supreme Court; however, if a lower court reverses the state court's decision and either the appropriate US Court of Appeals Circuit Court or US Supreme Court decline to consider the case, the decision of the lower federal court would be final. The US Supreme Court is the ultimate arbiter of constitutionality.


Yes, if the law is relevant to a case or controversy before the Supreme Court and they determine it is unconstitutional, they can overturn (or nullify) the law and render it unenforceable.


It's a simple majority. If the majority decision says it's unconstitutional, it's unconstitutional.


The case was important because it was the first time the US Supreme Court found a state law unconstitutional. This case was in 1810.


It is usually the US Supreme Court that can block a federal law. State Supreme Courts block states' laws. They can do this if the law is deemed unconstitutional or is in conflict with rights already protected in other laws.


In the US, when congress eliminates a law this is called a repeal. When the Supreme Court finds a law unconstitutional, this is called "striking down" a law.


The judges of the US Supreme Court.


The answer you are likely looking for is: "NO. The US Supreme Court declares laws unconstitutional." However, this oversimplifies the nature of the US Government.Presidents have from time to time argued that various laws are unconstitutional and, therefore, they will not execute them. This is not terribly common and can be opposed by the US Congress by forcing a suit in the US Supreme Court, but it is possible. Far more common is the US Supreme Court using a particular lawsuit to determine whether laws are constitutional and declare when laws are unconstitutional. There is no recourse to a Supreme Court declaration of unconstitutionality except (1) a later Supreme Court declaration that the law is constitutional or (2) a constitutional amendment.


It is nullified and can no longer be applied. Congress sometimes rewrites laws the Court has declared unconstitutional and passes them in a form more acceptable to the Supreme Court.


Yes. Actually, any Article III federal court (or state equivalent) can declare a law unconstitutional under the doctrine of judicial review, if the law is relevant to a case before the Court and legitimately infringes on a person or entity's constitutional rights. The US Supreme Court is the ultimate authority on the Constitution, and often receives appeals of lower court decisions on the constitutionality of law.


It is very uncommon, in fact extremely rare when one compares the total number of cases the Supreme Court has heard with the number of cases the Court has declared a law unconstitutional. Courts will give a certain amount of deference to laws and consider them constitutional unless proved to be unconstitutional.


Any Article III (constitutional) court (or equivalent state court) can declare a law unconstitutional if the law is part of a case they're trying or reviewing; however, the government would probably appeal the case all the way to the Supreme Court to get a definitive answer.The US Supreme Court is the ultimate arbiter of constitutionality, and has final authority over questions of constitutionality.Article III CourtsUS District CourtsUS Court of International TradeUS Court of Appeals Circuit CourtsSupreme Court of the United States


Any Article III (constitutional) court (or equivalent state court) can declare a law unconstitutional if the law is part of a case they're trying or reviewing; however, the government would probably appeal the case all the way to the Supreme Court to get a definitive answer.The US Supreme Court is the ultimate arbiter of constitutionality, and has final authority over questions of constitutionality.Article III CourtsUS District CourtsUS Court of International TradeUS Court of Appeals Circuit CourtsSupreme Court of the United States


The US Supreme Court may overturn a law for a variety of reasons. The reason most likely to bring publicity to the decision is a ruling that a law is "unconstitutional." That means that the law conflicts in some way with the provisions of the US Constitution.


No. State laws are made by state legislatures and are not subject to prior approval by the courts. The Governor must sign a bill into law, just as the US President signs a bill from Congress into law. The US Supreme Court can later declare a state law unconstitutional if the law is part of a case under review in the Court and they believe the law violates the US Constitution. Similarly, a State Supreme Court may declare a law of its own state unconstitutional if the law violates that state's constitution. For more information, see Related Questions, below.



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