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Which federal court could declare the final word on the constitutionality of state law?
Wiki User
∙ 10y ago
supreme court ^O^
Wiki User
∙ 10y ago
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What if a state declares a law unconstitutional and void?
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.
Who or what can declare laws passed by Congress unconstitutional?
Any federal court in the Judicial Branch can declare a law unconstitutional, if the law legitimately infringes on a person or entity's constitutional rights, and is part of a case or controversy before the court. However, the government would most likely appeal the decision to the Supreme Court of the United States, which is the ultimate arbiter of constitutionality.Judicial BranchUS District CourtsUS Court of International TradeUS Court of Appeals Circuit CourtsSupreme Court of the United States
What is it called when a state rejects a federal law?
It's called the Doctrine of Nullification. The theory states that a state has the right to nullify or declare void any Federal law that it deems to be unconstitutional. Although there is no clause in the US Constitution stating who has the right to declare a Federal law to be unconstitutional, precedent had given that power to the US Supreme Court alone. However since there is no direct Constitutional clause (only indirectly through the Supremacy Clause), the right of the Supreme Court to be the sole arbiter of the constitutionality of a law was highly controversial. Nullification was a hot political issue on the first half of the 19th century. The controversy surrounding nullification indirectly led to the American Civil War. After the Civil War was over, nullification ceased to be a major political issue though it has arisen several times since then and has never entirely gone away.
What is the athourity to judges whether the acts of the other two branches of governnment are constitutional?
In the Supreme Court decision, Marbury vs Madison, 1803, the Court ruled that the right to declare laws unconstitutional belonged to the Judicial Branch of the federal government.
Did the supreme court declare Scott as a free man?
The US Supreme Court decision on the Dred Scott case resulted in the court making it clear that Scott could not be a free man and denied his case to be free of his slavery status. The Court declared that Scott was not a US citizen, and thus could not sue for his freedom.
Which court could declare final word on constitutionality of Federal law?
The highest court in the United States is the United States Supreme Court. No case may be appealed beyond the Supreme Court's jurisdiction, and the court's decision is final.
What court would rule on the constitutionality of federal court?
your moms a fat loser
Do federal courts have the right to nullify laws?
Any court can declare a law unconstitutional, but the government would appeal the decision to the US Supreme Court, the ultimate arbiter of constitutionality. Due to the appeals process, only the Supreme Court nullifies federal (and sometimes state) laws.
What type of laws of the Supreme Court review for constitutionality?
federal
Because of John Marshall what type of laws does the Aupreme Court review for constitutionality?
Federal
What court has been subjected to overriding questions of constitutionality by the Federal court system?
US SupremevCourt
Can state courts declare laws and acts by the federal government unconstitutional?
Judicial ReviewArticle III (constitutional) federal courts in the Judicial Branch of government may declare a law unconstitutional under the doctrine of judicial review, but only if the law is relevant to a case or controversy before the court. The US Supreme Court is the final arbiter of constitutionality, however, and may overturn the lower courts' decision on appeal.The only federal courts that have this power are:US District CourtsUS Court of International TradeUS Court of Appeals Circuit CourtsSupreme Court of the United States
How do you file a challenge to the constitutionality of a congressional action?
With the Federal Circuit Court for your geographical area.
What type of laws does the supreme court review for constitutionality because of john Marshall?
Federal
Can US District Court decide if a law is unconstitutional?
Yes, US District Courts can, and do, declare laws unconstitutional. Any court can declare a law unconstitutional if the law is relevant to a case they're trying or reviewing; however, the government would probably appeal the case all the way to the Supreme Court to get a definitive answer. The US Supreme Court is the ultimate arbiter of constitutionality, and has final authority over questions of constitutionality.
Which branch of the federal government has the power to declare the law unconstitutional?
Judicial :)
What is a good sentence for the word supreme court?
The Supreme Court interprets the Constitutionality of laws passed by the federal government of the United States and decides if they should be carried out or not.
