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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.
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∙ 14y ago
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What did the doctrine of nullification argue?
This doctrine taught that any state could nullify a law of the United States that was contrary to the Constitution as they understood it.
What can the state do to laws they think are unconstitutional?
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.
What doctrine states that a state could void a law harmful to itself?
I believe it is the Doctrine of Nullification
Can a state legally declare a law null and void?
Yes, through proper legislative or judicial procedure.
What principal of power did the government power was divided between federal state and local governments?
The Ability to nullify a law by declaring it unconstitutional, the issue was brought up john c calhoun from South Carolina was opposed to the tariff government placed on manufactured goods, john and South Carolina deemed the law unconstitutional and did not follow it. However the Nullification act was brought about which stated that the ability to nullify a law and declare it unconstitutional was only the supreme courts decision to make, not each state.
Who has the power in Georgia's state government to declare a law?
The governor of Georgia, (whoever it is at the time) declares a law unconstitutional. He can rewrite them or make them.
What term refers to the belief that the state could nullify laws that they considered unconstitutional?
The term null and void means that a state deems a law unconstitutional and chooses not to follow it.
When the supreme court declares declares a law as unconstitutional you have an example of?
judicial reveiw go apex kids :)
What does it mean when the supreme court declares a law unconstitutional?
That the law doesn't follow the constitution.
What does it mean the supreme court declares a law unconstitutional?
That the law doesn't follow the constitution.
When the supreme court declares a law unconstitutional you have an example of?
Judicial Review
When the Supreme Court declares a law as unconstitutional have an example of?
judicial review
When the supreme court declares a law unconstitutional we have an example of?
judicial review
When supreme court declares a law as unconstitutional we have an example of?
judial review
What term refers to the belief that the states could nullify laws that they considered unconstitutional?
The term null and void means that a state deems a law unconstitutional and chooses not to follow it.
What is a law called when the US Supreme Court declares it unconstitutional?
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.
What is an example of judicial review?
The Supreme Court declares a federal law unconstitutional.
