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The US Supreme Court only reviews state laws that are appealed through the court system on the grounds that they conflict with federal law or infringe rights protected by the Constitution. The primary considerations for using judicial nullification to overturn state laws would be:
- if they infringe individual liberties protected by the Bill of Rights;
- if they conflict with a federal law or treaty; or
- if they usurp a power reserved for a branch of the federal government.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoIn the US Constitution's Article VI Supremacy Clause, state laws and state constitutions are held subordinate to the Constitution, federal law, and treaties. That gives the Supreme Court the right to rule on state legislation.
Most of the Bill of Rights has been applied to the states through the Fourteenth Amendment Due Process and Equal Protection Clauses, giving the US Supreme Court final jurisdiction over cases involving most of the Bill of Rights.
Wiki User
∙ 13y agoArticle VI, Clause 2 (Supremacy Clause) states that the US Constitution, Federal Laws and US treaties have greater authority than state laws. The Supreme Court may overturn or nullify a state law that violates the Constitution, but only if the law is relevant to a case before the Court and is not considered to be exclusively a state's rights issue.
Article VI, Clause 2
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding
Wiki User
∙ 9y agoThe Constitution and a law may disagree on how to judge a court case, so the courts must decide which rules apply.
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Can congressional nullification overturn the ruling of the supreme court?
No the Congress can not nullify a ruling of the Supreme Court. The Congress would have to rewrite the law which the Supreme Court had declared unconstitutional. Then the new law could overrule the Supreme Court IF the new law was declared constitutional if/when appealed.
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.
What court is usually composed of from 3 to 9 judges and is the highest court in the state?
This would be the state supreme court for a particular US state.supreme court
Which court would most likely hear a case over interpretation of a state constitutio?
state Supreme Court
What is the highest court in the United states-?
The correct name is the Supreme Court of the United States, but most people refer to it as the US Supreme Court. Each state has its own Supreme Court, but the US Supreme Court is the end of the line.
What court declares the final word on the constitutionality of a state law?
The [State] Supreme Court (or its equivalent) has final authority unless the question being addressed in the state constitution conflicts with the US Constitution, in which case the US Supreme Court has final authority.
Will a Supreme Court ban on same-sex marriage end the controversy?
No, because the parties most affected by the issue would continue to work to overturn the decision.
A constitutional amendment can overturn a supreme court decision?
The Supreme Courts job is to interpret and uphold the laws of today based on their knowledge of the constitution. They would not be able to decide anything directly violating the constitution, but they do have their own interpretation of what it says. Knowing this, it is possibly that the amendments could overturn their decision, although it is extremely unlikely that it would.
Which court would handle the first appeal of a case tried in a higher level state trial court?
The State Supreme Court
What is highest court in California?
The highest court not under Federal jurisdiction would be the California State Supreme Court.
How often will a magistrate overturn a judge's decision in a divorce proceeding?
In the US, a magistrate does not have the authority to overturn a trial court judges' ruling. If there was a trial and the Judge made an error, you can appeal within a certain amount of time. You would appeal to the state Appellate Court or Supreme Court, depending on how the state's courts are organized. However, not liking the trial judge's ruling is not grounds for appeal. There must be a legitimate legal basis, such as misapplication of the law. If you believe you have grounds for appeal, you should speak with your lawyer immediately.
How does a death penalty case get to the supreme court?
The appeals system is a little complicated, but essentially: the person who has received the death penalty would need to appeal to the Supreme Court and then the Supreme Court would have to grant a writ of certiorari. The "complicated" part comes from the fact that it would have been appealed to lower courts (the state Supreme Court, or a Circuit Court of Appeals) before the US Supreme Court would agree to hear the appeal.
