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Any Article III (constitutional) court (or equivalent state court) can declare a law unconstitutional if the law is part of a case they're trying or reviewing; however, the government would probably appeal the case all the way to the Supreme Court to get a definitive answer.
The US Supreme Court is the ultimate arbiter of constitutionality, and has final authority over questions of constitutionality.
Article III Courts
- US District Courts
- US Court of International Trade
- US Court of Appeals Circuit Courts
- Supreme Court of the United States
Ressie Okuneva
Wiki User
∙ 12y agoAny Article III (constitutional) court (or equivalent state court) can declare a law unconstitutional if the law is part of a case they're trying or reviewing; however, the government would probably appeal the case all the way to the Supreme Court to get a definitive answer.
The US Supreme Court is the ultimate arbiter of constitutionality, and has final authority over questions of constitutionality.
Article III Courts
- US District Courts
- US Court of International Trade
- US Court of Appeals Circuit Courts
- Supreme Court of the United States
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What is the one result of supremacy clause?
The Supreme Court declare state law unconstitutional
What is one way the supreme court can check congress?
declare a law unconstitutional
Can the supreme court declare an existing law unconstitutional?
Yes, because that's one of their primary responsibilities, to uphold the Constitution.
What is one way the Supreme Court check the Senate?
the supreme court can declare laws unconstitutional
Which branch of government has the power to declare acts of the excutive branch unconstitutional?
The Judicial Branch has the power to declare the acts unconstitutional.
Can a member of congress declare a law unconstitutional?
no
What can the supreme court do to a law?
The SC can declare a law constitutional or unconstitutional.
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.
Can any supreme court declare any law unconstitutional?
As long as the majority of the court agrees that the law does, in fact, violate the US Constitution, they can declare it unconstitutional and strike it down.
Does the Judicial Branch have checks on any of the other Branches?
Yes. The Judicial Branch can declare a law unconstitutional, and it can declare presidential actions 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.
What branch has the power to the declare a law unconstitutional?
The Judicial branch.
What is the one result of supremacy clause?
The Supreme Court declare state law unconstitutional
Where in the constitution does it say that the legislative branch can declare a law unconstitutional?
nowhere.
When the Supreme court declare a law as unconstitutional we have an example?
judial review
What is the supreme courts ability to declare a law unconstitutional?
Checks and balances
What powers does supreme court have in interpreting laws?
it can declare a law unconstitutional
