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Federal courts have the right to do what to laws that they feel are violating the Constitution?
Wiki User
∙ 13y ago
Article III federal (constitutional) courts may nullifyor overturn a law they consider unconstitutional and render it unenforceable; however, a lower court decision is likely to be appealed all the way to the US Supreme Court, the ultimate authority on 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
∙ 13y ago
Wiki User
∙ 14y agoIf a federal law is challenged in court and found to be unconstitutional, the court can nullify it and render it unenforceable. Regardless of lower court decisions, the US Supreme Court is the ultimate authority on the Constitution and makes the final determination about the constitutionality of law.
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Which Article of the Constitution gives federal courts the right to rule on cases involving the Constitution federal laws or treaties?
Article lll
Who said these words If the Constitution does not explicitly give a right to the federal government than the federal government does not have that right.?
Clarence ThomasThe opinion below would most likely be voiced by which of the following modern Supreme Court justices?“If the Constitution does not explicitly give a right to the federal government, than the federal government does not have that right.”A.Clarence ThomasB.Sandra Day O’ConnorC.Ruth Bader GinsburgD.Thomas JeffersonPlease select the best answer from the choices providedABCD
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.
What takes place in federal district courts that does not happen in federal appellate courts including the US Supreme Court?
TrialsUS District Courts are the trial courts of the Judicial Branch of the Federal government. Appellate courts, like the US Court of Appeals Circuit Court and the US Supreme Court, only consider the question or questions raised on appeal and do not retry the case or make determinations of guilt.
What part of the constitution mandates the right to an appeal of a criminal conviction?
The right to "due process". The courts have held that due process includes the right to appeal a conviction that is in violation of the law.
Which Article of the Constitution gives federal courts the right to rule on cases involving the Constitution federal laws or treaties?
Article lll
What rights do the federal courts have when the laws feel violated to the constitution?
They have the right to complain to like the Supreme Court or Congress.
What do federal courts have the right to do to laws that they feel are violating the constitution?
Article III federal (constitutional) courts may nullifyor overturn a law they consider unconstitutional and render it unenforceable; however, a lower court decision is likely to be appealed all the way to the US Supreme Court, the ultimate authority on constitutionality.Article III CourtsUS District CourtsUS Court of International TradeUS Court of Appeals Circuit CourtsSupreme Court of the United States
Federal constitution 1957 on the right of the individual in Malaysia?
federal constitution 1957 on the right of the individual in Malaysia
Can both the federal and state governments establish courts?
Yes. The United States has a dual court system that consists of both federal courts and state courts because the federal government and state governments are separate entities.Federal courts generally handle matters related to federal laws, US treaties and the US Constitution.Each state is governed by federal laws, but also has an independent government with its own constitution, laws and local ordinances, and the right to enforce them. The state court system processes cases that arise under their jurisdiction (authority) and ensures defendants and litigants receive due process under the state statutes and constitution, as well as under the US Constitution. The federal courts don't have a right to hear these cases unless they also involve federal or US constitutional law.yes. The Constitution gives Congress the power to create whatever courts inferior to the Supreme Court it thinks are needed. States also have the power through their constitutions to create 3-branch governments having jurisdiction only within a single state, one of the branches being courts.
Why do you have a federal and state court system in a federal system?
The United States has a dual court system that consists of federal courts and state courts because the federal government and state governments are separate entities. Federal courts generally handle matters related to federal laws, US treaties and the US Constitution. Each state is governed by federal laws, but also has an independent government with its own constitution, laws and local ordinances, and the right to enforce them. The state court system processes cases that arise under their jurisdiction (authority) and ensures defendants and litigants receive due process under the state statutes and constitution, as well as under the US Constitution. The federal courts don't have a right to hear these cases unless they also involve federal or US constitutional law.
Do federal district courts have the right to listen to appeals?
No. Federal District Courts have jurisdiction to hear trials. Appeals must go to the appropriate appellate court.
What takes place in federal district courts that does not happen in federal appeals courts or in Supreme Court?
Trial by jury is a right in the lower courts that does not apply in appeals courts or the Supreme Court. The jury makes findings of fact and fact is no longer in issue on appeal.
Is the claim court part of the judiciary system?
The judicial system was established by the Constitution. It consists of the Supreme Court, 12 circuit courts, or courts of appeal, 91 district courts, and includes special courts such as the Claims Court, the Tax Court, and the Court of Veterans Appeals (renamed the U.S. Court of Appeals for Veterans Claims in 1999). The federal courts are involved in performing a two-fold task. They perform statutory construction which means they interpret the meaning of laws and administrative rules and regulations. For example, when a person uses certain offensive language on the radio waves, is he exercising his right of free speech or is he violating local obscenity laws? The courts make decisions on cases such as this every week
Is the claims court part of the judiciary system?
The judicial system was established by the Constitution. It consists of the Supreme Court, 12 circuit courts, or courts of appeal, 91 district courts, and includes special courts such as the Claims Court, the Tax Court, and the Court of Veterans Appeals (renamed the U.S. Court of Appeals for Veterans Claims in 1999). The federal courts are involved in performing a two-fold task. They perform statutory construction which means they interpret the meaning of laws and administrative rules and regulations. For example, when a person uses certain offensive language on the radio waves, is he exercising his right of free speech or is he violating local obscenity laws? The courts make decisions on cases such as this every week
What are the three ground rules that must be satisfied before a federal court will hear a case?
Federal courts are courts of limited jurisdiction. That means, their power to hear cases is deliniated by the Constitution. If a case falls outside of the requirements set forth in Article III of the Constitution, a Federal court cannot hear the case. The three "requirements" are: Jurisdiction (is the court permitted to hear the case), Standing (do the parties have a right to bring the claim to the court) and Controversy (there must be a dispute to be litigated). Now, these are the very basic requirements. Congress has the authority to further define each of these elements for the Federal courts, as well as, the Federal court's themselves. On the other hand, state courts are courts of general jurisdiction. This means a matter can always be brought before a state court. Whether or not the matter can remain in state court is another question.
What is a right that only US citizens have?
Federal courts can "check" the other branches of the federal government and of state governments by
