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supreme court
Marguerite Considine
Wiki User
∙ 8y agoWho can declare laws unconstitutional
Wiki User
∙ 12y agoAny Article III (constitutional) court (or equivalent state court) can declare a law unconstitutional if the law is part of 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.
Article III Courts
- US District Courts
- US Court of International Trade
- US Court of Appeals Circuit Courts
- Supreme Court of the United States
Wiki User
∙ 11y agoYou can make it constitutional by amending the constitution.
Added: OR - the legislature could re-introduce a replacement for the struck down law re-wording it and remedying the un-constitutional aspects of it.
Wiki User
∙ 12y agoThe only court that can declare a law unconstitutional is the Supreme Court of the United States. This in done by the court reviewing a law and determining whether it agrees or disagrees with the U.S. Constitution.
Wiki User
∙ 13y agoJudicial Review; It is the process of the supreme court to declare laws null and void if they pose conflict to the constitution.
Wiki User
∙ 13y agoWhen a law is declared unconstitutional, it is nullified and becomes unenforceable. Sometimes Congress quickly rewrites the law to bring it into compliance with the Constitution.
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What is the immediate effect if a law is declared unconstitutional?
It is nullified and becomes unenforceable.
What is an example of unconstitutional law?
Portions of the Patriot Act were declared unconstitutional in 2004 See http://www.cnn.com/2004/LAW/01/26/patriot.act.ap/ That's at the federal level. State laws can be declared so also. See http://www.keystonepolitics.com/story/aroundcapitol/expanded-state-hatecrimes-law-declared-unconstitutional One of the roles of the appeals courts and supreme courts at both the state and federal level is to rule on the constitutionality of a law.
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.
Can congress pass laws regarding marriage?
Yes they can, and they have. Some have been declared unconstitutional by the Supreme Court after being passed. In general, federal law supersedes state law.
What is the power of the judicial review?
Over the years, laws have been passed that have later been considered unconstitutional. Laws about segregation and discrimination are good examples. This power allows courts to decide whether a law or presidential action is in agreement with the Constitution. The Supreme Court holds the ultimate authority to make this decision. If a court decides that a law conflicts with the court Constitution, that law is declared unconstitutional.
What is the immediate effect if a a law is declared unconstitutional?
When a law is declared unconstitutional, it is nullified and becomes unenforceable. Sometimes Congress quickly rewrites the law to bring it into compliance with the Constitution.
What is the immediate effect if the a law is declared unconstitutional?
When a law is declared unconstitutional, it is nullified and becomes unenforceable. Sometimes Congress quickly rewrites the law to bring it into compliance with the Constitution.
Can laws be declared unconstitutional?
Yes, laws can be declared unconstitutional by a court. This typically happens when a court determines that a law violates the constitution or an individual's constitutional rights. When a law is declared unconstitutional, it is no longer valid and cannot be enforced.
A government action that denies someone fair and equal treatment under the law may be declared what?
A governmental action that denies someone fair and equal treatment under the law may be declared unconstitutional. A judge can evaluate a law and declare that it is unconstitutional.
What is the immediate effect if a law is declared unconstitutional?
It is nullified and becomes unenforceable.
What does it mean when a Supreme Court declared a law Unconstitutional?
That the law doesn't follow the constitution.
Before a law can be declared unconstitutional?
There are many unconstitutional laws that are in place throughout the United States. These are laws that either violate the rights of the citizens or are no longer valid due to changes in the times and laws that have been adopted. Before a law can be declared unconstitutional legislatures must make a formal appeal to have the unconstitutional law removed from the books.
What governmental action that denies someone fair and equal treatment under the law may be declared?
A governmental action that denies someone fair and equal treatment under the law may be declared unconstitutional. A judge can evaluate a law and declare that it is unconstitutional.
Can the Supreme Court declared any law unconstitutional?
As long as the majority of the court agrees that the law does, in fact, violate the US Constitution, they can declare it unconstitutional and strike it down.
According to the Kentucky and Virginia resolves a law of congress could be declared unconstitutional by?
the president
What term means that a law declared unconstitutional by the Supreme Court is no longer in effect?
Repeal
What is an example of unconstitutional law?
Portions of the Patriot Act were declared unconstitutional in 2004 See http://www.cnn.com/2004/LAW/01/26/patriot.act.ap/ That's at the federal level. State laws can be declared so also. See http://www.keystonepolitics.com/story/aroundcapitol/expanded-state-hatecrimes-law-declared-unconstitutional One of the roles of the appeals courts and supreme courts at both the state and federal level is to rule on the constitutionality of a law.
