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What is the power of the supreme court to say whether any federal state or local law is unconstitutional?
The US Supreme Court, theoretically, as part of the system of the federal government's system of checks and balances. However, they have no way to enforce their claim of unconstitutionality, as exploited by Andrew Jackson.
The Supreme Court has the right to check Congress by deciding if the laws it passes are Constitutional. The People are the ultimate check on Congress, through the vote.
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Can a state court rule on a federal constitutional issue?
Any court, even a lower state or federal District Court, can find a federal law that is relevant to a case or controversy before that count unconstitutional, if the court has a rational basis for making such determination. These cases often end up being petitioned to the US Supreme Court for a definitive answer.
The Supreme Court decision in the case Marbury v. Madison is important because?
It allowed the Supreme Court to overrule an unconstitutional law.
Why did treatment of Cherokee get a worse after the supreme court declared Georgia's Indian removal laws to be unconstitutional?
The federal government
What was a result of the Supreme Court case Marbury v Madison?
The Supreme Court gained the power to declare laws unconstitutional
If the supreme court rules a law unconstitutional under which principle would the court be exercising it's authority?
The power of judicial review. Marbury v. Madison in 1803 established the tradition of the Supreme Court's role in "interpreting" whether or not a law passed by Congress is Constitutional or unconstitutional.
Who can rule that federal laws are unconstitutional?
(Supreme Court)
What are the apellate powers of the supreme court?
The Supreme Court's task is to declare whether an act is constitutional or unconstitutional
What is an example of judicial review?
The Supreme Court declares a federal law unconstitutional.
List the two things that the supreme court can declare unconstitutional?
The Supreme Court can declare federal laws unconstitutional and state laws unconstitutional. This power, known as judicial review, allows the Court to ensure that legislation aligns with the Constitution and protects individual rights.
Who makes the final decision about whether a law passed by congress is unconstitutional?
The Supreme Court
What was the supreme court decision in Pollock v. Farmers'Loan and trust?
the federal income tax was unconstitutional
What if a state declares a law unconstitutional and void?
If a state court declares a state law unconstitutional, the state will probably appeal the case to the state supreme court. If a state court declares a federal law unconstitutional, the losing party in the case will appeal the decision in the federal courts. The case could ultimately be heard by the US Supreme Court; however, if a lower court reverses the state court's decision and either the appropriate US Court of Appeals Circuit Court or US Supreme Court decline to consider the case, the decision of the lower federal court would be final. The US Supreme Court is the ultimate arbiter of constitutionality.
What does the supreme court call a unconstitutional law?
Any state or federal law, executive order or treaty that's relevant to a case under review in a court and operates contrary to the Constitution.
How does the judges decide if something is unconstitutional?
The Supreme Court has the unwritten policy of judicial review. This means that they can check amendments and bills that the other two branches of the federal government suggest. If a law seems to be unconstitutional, and not written in the constitution, the Supreme Court can decide it is unconstitutional.
What was the supreme court decision in Pollock vs farmers' loan and trusts?
the federal income tax was unconstitutional.
What was the supreme court decision in the pollock v. farmers loan and trust?
the federal income tax was unconstitutional
What was the supreme court decision Pollock v. farmers loan and trust?
the federal income tax was unconstitutional
