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What can the state do to laws they think are unconstitutional?

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2010-03-26 22:44:14
2010-03-26 22:44:14

They can appeal to the United States Supreme Court to have the law be declared unconstitutional by the Supreme Court's right to judicial review.

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Related Questions


Can the U.S Supreme Court declare laws enacted by state legislatures unconstitutional?


Who can declare laws unconstitutional


Yes, the Supreme Court can determine that a federal or state law is unconstitutional.


The Legislative Branch sometimes passes unconstitutional laws, but they're not supposed to. None of the branches is authorized to create unconstitutional laws.


Yes, if the law contradicts a federal law or is unconstitutional .


The ability of the government to declare state and federal laws unconstitutional.


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.


Congress cannot declare laws unconstitutional. The Judiciary Branch may declare a law unconstitutional only if it conflicts with some provision of the State or Federal Constitution. The Supreme Court can rule a law to be unconstitutional, but Congress, along with the States, can only amend the Constitution.


The Judicial Branch has the power to declare laws unconstitutional.


No. State laws cannot conflict with the rights expressed in the Constitution. Also, if state law affords more rights it supecedes federal law, unless it would be unconstitutional.


According to his reading of the Constitution, slavery enjoyed full government protection, and no state could pass laws banning it.


in considering the scores of challenges to those state laws, the supreme court found the mandatory death penalty laws unconstitutional, though the 2 stage approach was seen to be constitutional.


unless the state law is declared unconstitutional the answer is yes.


No. Only the Judicial branch has the Constitutional authority to declare laws unconstitutional.


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Loving v. Virginia was the 1967 U.S. Supreme Court case that ruled that state laws prohibiting interracial marriage were unconstitutional.




State nullification is the idea that the states can and must refuse to enforce unconstitutional federal laws.


Federal law takes precedence over state laws. Both kinds of laws can be found unconstitutional in court.


The list would be too long for this format. The US Supreme Court has declared a total of 1,315 laws (as of 2002, the most recent year for which statistics are available; the database may be updated in 2012) unconstitutional using the process of judicial review.The first time the Court declared a federal law unconstitutional was in Chief Justice John Marshall's opinion for Marbury v. Madison, 5 US 137 (1803), in which he asserted Section 13 of the Judiciary Act of 1789 was unconstitutional because it extended to the Supreme Court an act of original jurisdiction not explicitly granted by the Constitution.Unconstitutional and Preempted Laws 1789-2002According to the GPO (Government Printing Office Database):1789-2002 Acts of Congress Held as Unconstitutional..............................1581789-2002 State Statutes held unconstitutional......................................9351789-2002 City Ordinances held unconstitutional....................................2221789-2002 State and City laws preempted by Federal laws.......................224Total State, Local and Federal Laws Declared Unconstitutional................1,315Total State and Local Law Preempted by Federal Laws..............................224Total Laws Overturned, all governments..............................................1,539You can find a list of federal laws held unconstitutional by the Supreme Court; state and local laws held unconstitutional or preempted by federal laws; and Supreme Court decisions overruled by subsequent decision, at the end of the congressional publication The Constitution of the United States of America: Analysis and Interpretation(popularly known as the Constitution Annotated, or CONAN).This publication is prepared by the Congressional Research Service and issued as a U.S. Senate document every 10 years and is updated by a cumulative supplement every two years. The latest edition and supplement are available online to the general public at the Government Printing Office's Federal Digital System (FDsys) Web site: (See Related Links, below. It will be listed in the "Featured Collections" menu on the right.) Your congressman has access to a more frequently updated version of the Constitution Annotated in XML format, but this version is not currently available to the public.Here is a table of the total numbers for each category taken from the June 2002 edition and the 2010 cumulative supplement:1789 - 2002Acts of Congress held unconstitutional.......................................158State laws held unconstitutional...................................................935Ordinances held unconstitutional.................................................122State and local laws held preempted by federal laws…...............224Supreme Court decisions overruled by subsequent decision.......2201789 - 2010Acts of Congress held unconstitutional........................................165State Laws held unconstitutional..................................................948Ordinances held unconstitutional..................................................124State and local laws held preempted by federal laws....................234Supreme Court decisions overruled by subsequent decision........233


The judicial branch of the government (overseen ultimately by the Supreme Court) has the power to declare laws unconstitutional.


The state legislature - for state laws. The US Congress - for federal laws.


The Supreme Court of the Unites States may declare laws unconstitutional. It is the only branch legally able to do that.


Missouri Compromise, and all other laws banning slavery in a state.



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