0
What can the US Supreme Court do after Congress passes a new law?
Wiki User
∙ 14y ago
Nothing unless a case appealed to the Supreme Court asks a constitutional question directly related to that law. If the Court grants certiorari on such a case, they can use the power of judicial review to decide whether the law conforms with the US Constitution. If they determine the law is unconstitutional, they can nullify it and render it unenforceable.
The Supreme Court can only apply judicial review to legislation under review in a case on appeal. Contrary to popular belief, the Supreme Court cannot be proactive in reviewing laws.
The justices don't have constitutional authority to overturn legislation simply because they don't like it. Someone who is severely and directly, negatively affected by the law, and has a grievance that can be resolved by a court, must file suit and exhaust the required appeals process before the Supreme Court would have an opportunity to review the case (and the law).
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
What is one way the Supreme Court check the Senate?
the supreme court can declare laws unconstitutional
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.
What is one war that the supreme court can check the power of congress?
Supreme Court interprets the law according to the constitution so they can stop, repeal, or support a law.
What is one way the supreme court can check congress?
declare a law unconstitutional
If congress passes a new law that conflicts with the constitution are you required to follow the new law or the US Constitution?
Sometimes Congress passes laws that are in conflict with the Constitution. Should this happen, the Supreme Court will place a ruling on the law making it void. This is because the US constitution is the supreme law of the country, and no law is allowed to go against it.
Congress passes a law The President vetoes it Congress overrides the veto The law is appealed to the Supreme Court which rules it unconstitutional What?
"What?" indeed! If the Supreme Court rules it unconstitutional, that ends it. The only ones who can overturn that are some future Supreme Court.
What is one way the Supreme Court check the Senate?
the supreme court can declare laws unconstitutional
Why does Congress have the right to pass law reversing Supreme Court decisions like Ward's Cove?
Once the Supreme Court sets a precedent in its interpretation of a certain law, that decision becomes the pattern by which future tests of the same law must be judged. Therefore, if Congress passes a law that is contrary to a Supreme Court decision, and a case involving that law comes before the Supreme Court, the Court should strike it down based on the established precedent.
Consider the following sequence of events: Congress passes a law The President vetoes it Congress overrides the veto The law is appealed to the Supreme Court, which rules it unconstitutional What?
checks and balances
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.
How does the judicial review work?
When congress passes a bill, & the president signs it, then it goes to the supreme court and they can declare it unconstitutional (against the constitution) and it doesn't become a law because the supreme court has final say
How does the supreme court control power of the congress?
When a law is passed the Supreme Court can decide if it is constitutional.
What checks or control does the Supreme Courts have on Congress?
The Supreme court determines how laws that are passed by Congress are meant to be interpreted and applied. The Supreme Court also determines whether a law passed by Congress is unconstitutional or not.
What is one war that the supreme court can check the power of congress?
Supreme Court interprets the law according to the constitution so they can stop, repeal, or support a law.
What is the check that the SCOTUS has on the other two branches of government?
When Congress passes laws, they go through a period of judicial review where the Supreme Court can declare the law as unconstitutional and have it not pass. The Supreme Court can also declared executive orders unconstitutional as well.
How can the supreme court check the power of congres?
The Supreme Court can check the power of Congress by ruling legislation passed by Congress is unconstitutional. The Supreme Court can do this when they a presented with an opportunity to hear a case which disputes a law. The supreme court's decision is final because it is the highest court in America.
How does the Supreme Court limit the of congress?
The Supreme Court holds the power of judicial review, meaning it can declare a law unconstitutional. The law would then be repealed, checking the power of congress. (see Marbury V. Madison)
