The Commerce Power
The Interstate Commerce Clause may be found in Article I, Section 8:
"...To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;"
Commerce Power
Since it is the Supreme Court that decides what is constitutional and what is not, the decisions of the Supreme Court cannot be unconstitutional, however, it is always possible for the Supreme Court to make new decisions which reverse older decisions. So in theory, if the Supreme Court does something wrong, they will be reversed by a later sitting of the same court (but with new judges).
No. No one has the power to veto acts of the US Supreme Court. They are head of the Judicial branch of government, and have final authority over constitutional interpretation.The Supreme Court can overturn its own decisions, or Congress and the States can work together to ratify a new constitutional amendment that effectively nullifies a decision.The President can veto acts of Congress, but Congress can override the veto with a two-thirds super-majority vote of both houses.
No. In Article III, the powers of the Supreme Court are listed. Congress in Section 8, Clauses 1, 2, and 5 is given the expressed power to do those things.
Chief Justice John Marshall
overturning the conviction of a member of the Ku Klux Klan
The Executive Branch
the U.S. Supreme Court
Congress. Marshall's decisions set a precedent allowing the Legislative Branch to exercise "implied powers," in addition to the expressed powers listed in Article I of the Constitution.
Since it is the Supreme Court that decides what is constitutional and what is not, the decisions of the Supreme Court cannot be unconstitutional, however, it is always possible for the Supreme Court to make new decisions which reverse older decisions. So in theory, if the Supreme Court does something wrong, they will be reversed by a later sitting of the same court (but with new judges).
Congress can attempt to rewrite the law so that it conforms with the Supreme Court's interpretation of the Constitution; or, they can abandon an ill-conceived law; or, they can attempt to call a Constitutional Convention or work with the states to amend the Constitution (the least likely and most time-consuming solution). Congress cannot nullify the Supreme Court decision, however. In most cases, they either rewrite or abandon the legislation. Congress also sometimes ignores Supreme Court decisions, although they are not supposed to.
The guiding force in the US for US Supreme Court decisions is the US Constitution. The Supreme Court is one of the three major parts of the Federal government. Through the Congress, the Executive branch and the Court, a balance of power was created.
The US Supreme Court lacks the ability to enforce its own decisions, which is a check on the Judicial Branch of government. The Executive Branch is vested with the authority and obligation to enforce Supreme Court decisions, and the Legislative branch can support a decision by passing laws upholding the Court's finding.
The decisions of the Marshall Court established the Supreme Court as a branch of government equal to Congress and the Presidency.
The Supreme Court
No. No one has the power to veto acts of the US Supreme Court. They are head of the Judicial branch of government, and have final authority over constitutional interpretation.The Supreme Court can overturn its own decisions, or Congress and the States can work together to ratify a new constitutional amendment that effectively nullifies a decision.The President can veto acts of Congress, but Congress can override the veto with a two-thirds super-majority vote of both houses.
The Legislative (Congress) and possibly Executive branches would benefit if Congress had the power to nullify US Supreme Court decisions, because their power would then be unchecked by the Judicial branch. Such authority would violate separate powers established by the Constitution to ensure no single branch of government becomes too dominant, and would allow Congress to ignore the Bill of Rights and other Amendments, to the detriment of US residents.
Veto