0
Can federal courts refuse to enforce a state or federal statute that violates the US Constitution?
Wiki User
∙ 13y ago
The courts have no power of enforcement; they can declare a statute unconstitutional and render it unenforceable, but they require the Executive Branch (President or Governor) to provide actual enforcement.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agounfortunately, they can. until a citizen of the united states challenges the law under a federal court and it is ruled unconstitutional, it is the law.
(e.g. President Obama's health care overhaul is in federal courts but is currently still law.)
Add your answer:
Earn +20 pts
Where does the Constitution grant the Federal government the right to appropriate funding for education and entitlement programs?
The US Constitution does not guarantee education as a right or entitlement. That has been added by statute and regulation.
Assume that there is a provision in the Colorado state constitution that is in conflict with a valid federal statute that was passed by the US Congress and enacted into law Which is true?
The federal statue will control due to the Supremacy Clause.
What is the most important power of the US Supreme Court?
judicial review
What documents influenced ideas about Government in the United States?
The documents that influenced ideas about government include: - Magna Carta - The Constitution - English Bill of Rights - Mayflower Compact - Declaration of Independence - State Constitutions - Virginia Statute for Religious Freedom
Is it against the constitution to put a time limit on the ratification of an amendment?
Per article V (5) of the US Constitution; there is not a time limit on the amendment process, although one may be in statute(s) or procedural rules later adopted by Congress or the Senate.
If a Nevada law violates the US Constitution can it be declared null or void?
It wouldn't be called null or void, but yes, the federal courts can and do declare a state and federal statutes unconstitutional. This has the effect of repealing the statute.
When does a person's act's become punishable?
When, with the required mental state, his conduct violates a federal, state, or local statute.
What takes priority State Constitution or State Regulations?
Federal. The dual government is set up in such a way that if federal and state are in conflict, federal trumps. The order is as follows: Federal constitution Federal statute Federal case law Federal regulations and administrative law State constitution State statute State case law State regulations and administrative law
Which of the fallowing defeats a federal statute in case of a clash?
us constitution
What problems might have arisen without the tenth amendments?
Disagreement over the deserved power of the federal government as written in the Constitution might still be commonplace if this amendment had not been ratified. After this amendment was passed, if the federal government attempted to "persuade" a state to enforce a federal statute, it was considered unconstitutiona.
How many US states do not permit same-sex marriage?
This is a list of U.S. states where the recognition and performance of same-sex marriage is explicitly banned either by the constitution or by statute.Alabama (by constitution and statute);Arkansas (by constitution and statute);Florida (by constitution and statute);Georgia (by constitution and statute);Kansas (by constitution and statute); (Legalization of same-sex marriage is imminent.)Louisiana (by constitution and statute);Minnesota (by statute only);Mississippi (by constitution and statue);Missouri (by constitution and statute; recognition is legal);Montana (by constitution and statute); (Legalization of same-sex marriage is imminent.)Nebraska (by constitution and statute);North Dakota (by constitution and statute);Ohio (by constitution and statute);South Carolina (by constitution and statute); (Legalization of same-sex marriage is imminent.)Tennessee (by constitution and statute)
Employee occur a felony can be terminated?
An employer can terminate an employee for good reason, bad reason or no reason, unless the termination violates a statute. Firing a felon violates no statute.
How many US states currently ban same-sex marriage?
Alabama (by constitution and statute);Arizona (by constitution and statute);Arkansas (by constitution and statute);Florida (by constitution and statute);Georgia (by constitution and statute);Kansas (by constitution and statute);Kentucky (by constitution and statute);Louisiana (by constitution and statute);Michigan (by constitution and statute);Mississippi (by constitution and statue);Missouri (by constitution and statute);Montana (by constitution and statute);Nebraska (by constitution and statute);North Dakota (by constitution and statute);Ohio (by constitution and statute);South Carolina (by constitution and statute);Tennessee (by constitution and statute); and,Texas (by constitution and statute).
Which is controlling the state statute or US Supreme Court?
Trick question. That depends on the state statute and whether it is repugnant to the US Constitution or federal law in an area where the federal government asserts supremacy. If the statute falls under the penumbra of states' rights, then the statute is controlling and the US Supreme Court will (should) uphold it. If the statute is unconstitutional under the US Constitution and involves a part of the Constitution incorporated (applied) to the states, then the US Supreme Court decision is controlling. If the statute would be unconstitutional under the US Constitution, but involves a part of the constitution not incorporated to the states (for example, the Seventh Amendment), the Supreme Court will decide whether to apply the Constitution, which would then be binding on all states, or whether to allow the state statute to stand, in which case the state statute would be controlling.
Can statute be enforced without consent?
Yes, there is no consent required to enforce a statute. It is a law and has to be enforced.
Where does the Constitution grant the Federal government the right to appropriate funding for education and entitlement programs?
The US Constitution does not guarantee education as a right or entitlement. That has been added by statute and regulation.
Assume that there is a provision in the Colorado state constitution that is in conflict with a valid federal statute that was passed by the US Congress and enacted into law Which is true?
The federal statue will control due to the Supremacy Clause.
