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Can courts make laws by deciding whether or not laws conflict with the Constitution?
Wiki User
∙ 13y ago
No.
The system of checks and balances ensures that the Judicial Branch (the courts) check that the Legislative Branch (Senate & House of Representatives) does NOT enact laws that are in conflict with the US Constitution.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoYes, the courts can make common law as a result of constitutional interpretation.
Formal, written laws are made by Congress or by state legislatures, and are called enacted laws. The courts are not legislative (law-making) bodies, but their decisions carry the rule of law, particularly decisions by the US Supreme Court. Judicial decisions may become common law, (or case law) which is enforceable, but different from the enacted laws created by the Senate and House of Representatives.
Congress and the state legislatures may choose to codify common law, or transform it into enacted law, by passing legislation. The courts do not participate in this type of law-making.
It is important to remember not all judicial decisions create common law; most simply interpret or apply existing laws.
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The Supreme Court first declared that the courts have the power to overturn government acts that conflict with the Constitution in?
Apex-type question, not rephrased, subject is covered abundantly.
How were the courts defined by the Constitution?
Courts have jurisdiction over interpretations of the constitution and can suggest amendments. The supreme court was the only one mentioned in the US constitution.
Who can interpret the Constitution?
Anyone can interpret the Constitution; however, the courts determine whether laws, executive orders, treaties and policies are in keeping with the principles of the Constitution, and have the ability to nullify and render unenforceable any that are not. The Supreme Court is the ultimate authority on Constitutional law.
What is the most common test used by the courts when deciding if a law or policy is constitutional?
Intermediate scrutiny is the most common test used by the courts when deciding if a law or policy is constitutional. The Supreme Court will define and determine if the laws are constitutional and act as judicial review.
What word does the Constitution use to describe courts that have less power than the Supreme Court?
Article III refers to such courts as "inferior," although certain lower courts are also described as "tribunals" in other parts of the Constitution.
Who has power to decide whether or not an action of the government violates the Constitution?
Courts
Who has the power to decide whether not an action of the government violates the Constitution?
Courts
Who has the power to decide whether or not an action of the government violates the Constitution.?
Courts
Who has the power to decide whether or not an action of the government violate Constitution?
Courts
Who has the power to decide whether or not an action of the government violated the constitution?
Courts
How did the judicial review shaped the role of federal courts?
Federal Courts have used judicial review to invalidate hundreds of laws that it found to conflict with the Constitution.
What happens of there is ever a conflict between a state law and a federal law that within the framework of the constitution?
After it goes through all the lower courts and federal courts, the supreme court gets it. for novanet its judicial
Do state courts have to follow federal law governing arrest and search?
State courts must follow certain guidelines mandated by the U.S. Constitution as well as the constitution of the particular state in which the court is located and statutory criminal procedure of that state. In case of any conflict in the law, the U.S. Constitution and Bill of Rights is controlling.
How was the process of judicial review established by which courts review legislative and executive actions to determine whether they are constitutional?
The process of judicial review was established through the landmark case of Marbury v. Madison in 1803. The Supreme Court declared that it had the authority to interpret the Constitution and determine the constitutionality of laws and government actions. This established the principle that courts have the power to review and strike down legislation or executive actions that conflict with the Constitution.
The Supreme Court first declared that the courts have the power to overturn government acts that conflict with the Constitution in?
Apex-type question, not rephrased, subject is covered abundantly.
How does the constitution limit the power of the federal courts?
article 3 of the constitution gives federal courts jurisdiction.
Which of the branch decides whether follow the constitution?
The Judicial Branch of the government, which is divided as various courts on the state level and as the Supreme Court on the Federal level, decides whether laws are Constitutional or not.
