Judicial Review
The Supreme Court uses judicial review when determining whether a law, application of a law, policy or executive order relevant to a case under their review is consistent with the principles of the Constitution.
The implied power of judicial review.
Any Article III (constitutional) federal court may exercise judicial review to evaluate the constitutionality of a law that is relevant to a case before the court. The US Supreme Court is the ultimate authority on constitutionality and has the right to make the final decision if they receive the case on appeal.
While this power is not mentioned in the Constitution, it is a carry-over from the system of English common law adopted during the Colonial era, and has been used consistently since the United States was founded. Chief Justice John Marshall affirmed the Court's authority to exercise this power in the landmark case, Marbury v. Madison, (1803).
It is not really a law. Rather it is the primary duty of the Supreme Court. It is called Judicial Review.
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Chief Justice John Marshall formally claimed the power of judicial review, the ability of the courts to review and declare laws relevant to cases before the court unconstitutional, in Marbury v. Madison, (1803).
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It was only unconstitutional if you accepted Roger Taney's interpretation of the Constitution in his judgment of the Dred Scott case in 1857. He said the Constitution protected slavery - so therefore no state could declare itself to be free soil.
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.
Nullification was the idea that the states could declare acts of congress to be unconstitutional. In particular South Carolina objected to the federal tariff while Jackson was president and decided to nullify it and so not collect it or pay it.
The Supreme Court was considered the weakest branch of government until the time of Chief Justice Marshall. Marshall established that the court could declare acts unconstitutional, placing powers in the hands of the judiciary. Marbury versus Madison decided the issue and established the legal precedent.
It was on the grounds that child labor was not interstate commerce and therefore only state could regulate it.
Not exactly. The Supreme Court can declare a law to be a violation of the US Constitution and make it void. However it can not veto laws in general.
It declared that the Alien and Sedition Acts violated the Constitution.It also declared that a state could nullify any act of Congress that it considered unconstitutional.
No. The rulings of the Supreme Court represent the final interpretation of a law. The only way to change the interpretation is to change the law, which is the job of the legislative branch.