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Supreme Court

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monique robles

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1y ago

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Does Congress have the expressed power to declare laws unconstitutional?

Congress cannot declare laws unconstitutional. The Judiciary Branch may declare a law unconstitutional only if it conflicts with some provision of the State or Federal Constitution. The Supreme Court can rule a law to be unconstitutional, but Congress, along with the States, can only amend the Constitution.


Which term describes the balance between the branches of the government?

The balance of power between the three branches of government is even, since the founding fathers wrote checks and balances into the Constitution. The congress makes the laws, which can be vetoed by the president. The congress can over rule the president, and the judicial system can rule the laws unconstitutional.


Can Overturn Or Throw Out Laws Passed By Congress?

Both the state and federal supreme courts can overturn unconstitutional state laws; the US Supreme Court is the ultimate authority on the constitutionality of federal law.


If the president were to gain the power to rule be decree then he (or she) would be able to make any laws he wanted without having the congress reject it or the supreme court.?

That would be illegal and unconstitutional and upend the entirety of the American government.


What are the checks and balaces of the execuitive branch?

Checks and balances are in place so that no one branch of government becomes too powerful. Congress can veto the President's proposed laws, and the Supreme Court can rule that a law is unconstitutional. This way, the president does not have all the power and rule like a king.


How can the judiciary check the power of congress?

The Congress (includes the Senate) can control, at least in limited functions: the appointment of Federal Judges & Supreme Court Judges. All court rulings are (supposed) to follow the dictates set down by the Supreme Court, and this is one check.Although I am not aware of it ever being done, Congress has the power to remove a judge who is 'not in good standing' this was originally intended as a check to remove single judges who were acting arbitrarily.The single biggest power in checking the courts is the ability to pass laws; this needs some simplistic background. Congress passes laws, but cannot enforce or rule upon them / the executive (Police / President) can arrest for violations of law but cannot make law or rule upon them / the courts (judges) can rule upon law but cannot arrest or write them. Under this pretext congress can write laws, and then change those laws as needed in order to make them comply with the constitution.Example: The Original Social Security Act was ruled unconstitutional by the US Supreme Court, congress amended the act to make it 'voluntary' and it was constitutional then.Note: Per the constitutional authors, a Judge was supposed to be able to rule laws, including constitutional amendments, unconstitutional IF they violated a previous right (written or unwritten); this 'power' has had mixed application in use. Example: A California law banning gay marriage is struck down as unconstitutional, California then amends their constitution to ban it; under the rule of Stare Decisis (this thing has already been decided) this is not possible as the amendment is unconstitutional at its inception (void ab initio), also state constitutions cannot void rights where they have been Federally determined (Stare Decisis again) - though we have not seen the final outcome of this yet. In any case the ability to write laws and make constitutional amendments is also limited.


Do State laws in Virginia over rule Church bylaws in a court of law?

unless the state law is declared unconstitutional the answer is yes.


Who can rule that federal laws are unconstitutional?

(Supreme Court)


How could the powers be checked by one of the other branches?

The president can veto bills passed by Congress. Congress can override a presidential veto. The president nominates Supreme Court Justices. The Supreme Court can rule laws passed by Congress unconstitutional. The Congress must approve Court appointments and treaties signed by the president. Congress can impeach and try the president. Each branch of the United States government has an equal amount of power. Congress has the power to make laws (legislative branch). However the president has the power to veto the laws made by Congress (executive branch). Then so the president doesnt have complete control over the law's fate Congress can veto the president's veto with a mandatory two thirds vote to over turn the presidents veto. Finally the Supreme Court makes the decision of whether the law is constitutional or not. Should they find it unconstitutional they can scrap it or send it back to Congress. This is known as the system of checks and balances.


The Court can validate or invalidate laws passed by congress and the president through a process called?

They do not "validate" or "invalidate" laws. They interpret the US Constitution and find the laws cited in the cases they review either Constitutional or Unconstitutional. But they cannot pick and choose at random which laws they will rule on. The cases they review have to work their way through the entire Federal Court System before they reach the Supreme Court (if they ever do).


If the US Congress may pass laws they go to into effect if the president signs the law how ever the state court can declare an law unconstitutional?

In the United States, Congress has the authority to pass laws, which are then sent to the president for approval. If the president signs the law, it goes into effect; however, state courts have the power to review laws and can declare them unconstitutional if they violate state or federal constitutional principles. This system of checks and balances ensures that no law can infringe upon constitutional rights and maintains the rule of law. Ultimately, the judicial branch serves as a safeguard against potential legislative overreach.


What are the powers of the congress that are written into the Constitution called?

Rule of Law - WRONG ANSWER