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If a US law is found to be unconstitutional only in part does that invalidate the entire law?
Wiki User
∙ 13y ago
Y-E-S spells yes
Of if you researched instead of shooting from the hip as the guy before me did, you would find that the real answer is, it depends (the typical law answer). Is the portion severable from the rest of the statute? In other words, will the statute still make sense and operate without the portion that is unconstitutional? If the answer is yes, then the statute is only unconstitutional in part. If the answer is no, then the whole statute is unconstitutional.
Wiki User
∙ 13y ago
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How was the Missouri Compromise unconstitutional?
It was only unconstitutional if you accepted Roger Taney's interpretation of the Constitution in his judgment of the Dred Scott case in 1857. He said the Constitution protected slavery - so therefore no state could declare itself to be free soil.
Some people argue that judicial review allows the courts to overrule the will of the people as expressed through their legislatures do you agree?
No it does not allow the courts to overrule the will of the people because they only label it constitutional or unconstitutional and other branches have a little help in it. If it is unconstitutional the court wont bother with it. :)
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Was the second national bank unconstitutional?
The second national bank was unconstitutional because Andrew Jackson believed that the bank mainly looked out for the rich and powerful and the common man. You have to remember, that during Jackson's presidency it was also the time for the common age (where the president suppots the common people)
Can a US Court of Appeals invalidate an act of congress?
No, they can render an opinion as to it beng unconstitutional but they have no power to invalidate the law. They must forward it to the Supreme Court for their review and judgement. Only the Supreme Court can nullify the law and invalidate an Act of Congress.
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No, unless it creates some serious fraud, it only invalidates that clause.
What two meanings have the word invalid?
invalidate is the only one i can think of try for the other one.
Can the US Justice department declare a law is unconstitutional?
No, an Appeals Court cannot 'find' a law unconstitutional. They might declare a law to be unconstitutional IN THEIR BELIEF, but they can only overturn the decision of the lower court and/or return it to them for further action or consideration. Only the U.S. Supreme Court can find a law unconstitutional.
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.
Does Congress has the authority to overturn a law for being unconstitutional?
Congress can REPEAL any law, constitutional or not. Only the Court can overturn a law because it is unconstitutional.
Do koalas live in Africa?
No, koalas are only found in Australia unless they are in a zoo.
Can the law challenged as unconstitutional be overridden?
Yes because the legislative branch can overthrow the veto of the president. The only reason why the president would veto a bill is if it unconstitutional.
Is a marriage license legal if your parents name is spelled wrong?
Since it is not the only identifying information on the license it is still legal.
Why is it you need two people to marry but only one person to divorce?
Because America, in general, is unconstitutional
Does the executive branch has no authority to say laws are unconstitutional?
yes. only the judicial can declare a law uncontitutional.
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