US Supreme Court

What happens when the Supreme Court makes an Unconstitutional decision?


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2012-07-10 22:16:45
2012-07-10 22:16:45

Since it is the Supreme Court that decides what is constitutional and what is not, the decisions of the Supreme Court cannot be unconstitutional, however, it is always possible for the Supreme Court to make new decisions which reverse older decisions. So in theory, if the Supreme Court does something wrong, they will be reversed by a later sitting of the same court (but with new judges).

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When the Supreme Court declares a law unconstitutional, it is "nullified" and rendered unenforceable.

No it can't. The only way to overturn a supreme court decision is either another supreme court decision, or a constitutional amendment.

No. The Supreme Court has the ability to declare something unconstitutional or not. If they have declared something unconstitutional then there is nothing the president can do about it.

Supreme court decisions are considered the final say in legal affairs. However, they can be and often are overturned upon subsequent reviews by congress, the court, etc. This typically only happens after time dictates a Supreme Court Decision is no longer relevant or it could possibly be unconstitutional.

If the Supreme Court of the United States rules an Act of Congress or part thereof unconstitutional, it has no force of law thereafter.

Only reverse this decision. that is called judicial review.

The supreme court ruled that segregation in schools was unconstitutional.

The supreme court calls an unconstitutional law null.

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.

the lower court's decision stands unless there is a majority of the Supreme Court in favor of overturning it.

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

it allowed the Supreme Court to overrule an unconstitutional law

No, it wasn't found unconstitutional per se. This earlier decision of the Supreme COurt was eventually over-turned by a subsequent court.

supreme court can declare a law unconstitutional

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.

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

In most cases a Supreme Court decision is permanent. The current Supreme Court can change the decision of a previous Supreme Court.

It allowed the Supreme Court to overrule an unconstitutional law.

AnswerDeclare acts of the supreme court unconstitutional.AnswerNo, they can't. The US Supreme Court is the ultimate arbiter of constitutionality; Congress has no authority to override their decisions or to formally declare a decision unconstitutional. Congress has two possible responses to a decision they disagree with:They can initiate an Amendment to the Constitution that, if passed by two-thirds of the House and Senate and ratified by the three-quarters of the states, can override a Supreme Court decision;They can rewrite legislation to bypass bring an Act or law into compliance with the justices' decision; or,They can wait and hope a future Supreme Court will reverse the decision itself.These are the only options.

It is not unconstitutional. The Supreme Court ruled that it is constitutional.

A momentous decision by the Supreme Court in 1954 declared public school segregation unconstitutional.

There are only two ways in which a decision can be overruled:The Court can change it's own decision or make a different constitutional interpretation in a later decision. (the Court itself)Congress and/or the States can ratify a constitutional amendment that effectively overturns a Supreme Court decision (or precedent). (Congress and the States, working together).

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