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Congress can declare a federal law that originated in the House and Senate unconstitutional, but not through the process of judicial review. Congress may amend or repeal a law, subject to a majority vote of both houses and the signature of the President.
Wiki User
∙ 13y ago
Wiki User
∙ 12y agoYes. Any Article III federal court (Judicial Branch) can do so, if they believe that the law goes against the letter or spirit of the Constitution, as long as the law is part of a case or controversy before the court. However, due to the appeals process, the final precedent is usually set by the US Supreme Court.
Congress can modify the law to comply with constitutional standards.
Judicial Branch
- US District Courts
- US Court of International Trade
- US Court of Appeals Circuit Courts
- Supreme Court of the United States
Wiki User
∙ 13y agoAny federal court in the Judicial Branch can declare a law unconstitutional, if the law legitimately infringes on a person or entity's constitutional rights and is part of a case or controversy before the court. However, the government would most likely appeal the decision to the Supreme Court of the United States, which is the ultimate arbiter of constitutionality.
Judicial Branch
- US District Courts
- US Court of International Trade
- US Court of Appeals Circuit Courts
- Supreme Court of the United States
Wiki User
∙ 10y agoCan the U.S Supreme Court declare laws enacted by state legislatures unconstitutional?
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Can a member of congress declare a law unconstitutional?
no
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.
What is one way the supreme court can check congress?
declare a law unconstitutional
What allows the Supreme Court to declare a law passed by Congress or the president as unconstitutional.?
yo ma
How would the judicial branch reverse a law written by congress?
They would declare it to be unconstitutional. When that happens, the law is rendered null and void.
What is one way the Supreme Court check the Senate?
the supreme court can declare laws unconstitutional
Who has the power to declare a law passed by congress unconstitutional?
The Supreme Court has the authority to interpret the Constitution.
What can a person do if they think a bill is passed by congress and signed by the president is unconstitutional?
You can file in federal court to protect yourself from enforcement of a unconstitutional law. If you lose, you can appeal and if you win enough appeals, the case may get to the Supreme Court which can declare that the law is unconstitutional.
What are checks that the judicial branch has on congress?
they can declare laws unconstitutional
Who was the first to declare act of Congress unconstitutional?
Andrew Jackson
Can Congress veto a passed law by the president?
Congress cannot veto a law. Any law must be written and passed by Congress in the first place. The president can then veto it. Congress can override the veto with a 2/3 majority. After a law is passed, the Supreme Court can strike it down if they declare the law unconstitutional.
How does the judicial branch check the power of the congress?
Can declare laws unconstitutional
