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According to the lemon test,should the Supreme Court find the law constitutional or unconstitutional and why?
Tashiya Woodard
Verified answer
Unconstitutional, as its purpose is spiritual rather than secular
Izaiah Smith
anahi avila
unconstitutional as it promotes religion and amounts to an establishment of religion by the state. (APEX)
What happens if the supreme court rules congress to be unconstitutional?
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).
Can congressional nullification overturn the ruling of the supreme court?
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.
If the supreme court rules a law unconstitutional under which principle would the court be exercising it's authority?
The power of judicial review. Marbury v. Madison in 1803 established the tradition of the Supreme Court's role in "interpreting" whether or not a law passed by Congress is Constitutional or unconstitutional.
What power is much of the Supreme Court's authority based on?
The Supreme Court's and lower courts' primary power is judicial review, the ability of a court to evaluate laws or executive orders relevant to cases before the court to determine whether they are constitutional. The US Supreme Court is the ultimate authority on constitutional interpretation and can nullify an unconstitutional law, rendering it unenforceable.
What scenario best illustrates the principle of checks and balances?
A constitutional amendment is proposed and submitted to the states for approval
What is unconstitutional about ObamaCare?
It is not unconstitutional. The Supreme Court ruled that it is constitutional.
What can the supreme court do to a law?
The SC can declare a law constitutional or unconstitutional.
Which of the following determines executive acts to be constitutional or unconstitutional?
Supreme Court
What are the apellate powers of the supreme court?
The Supreme Court's task is to declare whether an act is constitutional or unconstitutional
What is judiciary review?
It is when the Supreme Court can overturn Laws Challenged by the Judiciary as Unconstitutional.
What circumstances has the supreme court found death penalty laws to be unconstitutional?
in considering the scores of challenges to those state laws, the supreme court found the mandatory death penalty laws unconstitutional, though the 2 stage approach was seen to be constitutional.
Can a legislature overturn a supreme court decision holding a particular statute unconstitutional?
No it can't. The only way to overturn a supreme court decision is either another supreme court decision, or a constitutional amendment.
Which group decides if state laws are unconstitutional?
In USA the Supreme court judges decide as to whether certain laws are constitutional or not. eg.In the Brown vs Board of education of TOPEKA 1954 case the supreme court ruled that the " separate but equal" doctrine was unconstitutional
What is a executive check on the supreme court?
The executive branch is responsible for implementing and enforcing laws. However, the supreme court has the power to deem any action unconstitutional or unlawful, and prevent or undo those actions.
What happens if the supreme court rules congress to be unconstitutional?
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).
Can congressional nullification overturn the ruling of the supreme court?
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.
If the supreme court rules a law unconstitutional under which principle would the court be exercising it's authority?
The power of judicial review. Marbury v. Madison in 1803 established the tradition of the Supreme Court's role in "interpreting" whether or not a law passed by Congress is Constitutional or unconstitutional.
