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Rephrase ze question, it is poorly stated

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13y ago

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According to the lemon test,should the Supreme Court find the law constitutional or unconstitutional and why?

Unconstitutional, as its purpose is spiritual rather than secular


When can a federal courts strike down a state or federal law?

When the law is deemed unconstitutional.


What is an example of judicial review?

The Supreme Court declares a federal law unconstitutional.


Who can declare a law unconstitutional?

In the United States, the power to declare a law unconstitutional lies with the judicial branch of government, specifically the federal courts, including the Supreme Court.


When a state calls a federal law invalid?

State law can be more detailed than federal law, but cannot conflict with federal law. Therefore, a state law cannot determine that a federal law is invalid. The state would have to, instead challenge the federal law as an unconstitutional intrusion on state rights.


What can a person do if they think a bill is passed by congress and signed by the president is unconstitutional?

You can file in federal court to protect yourself from enforcement of a unconstitutional law. If you lose, you can appeal and if you win enough appeals, the case may get to the Supreme Court which can declare that the law is unconstitutional.


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.


Does a state law or federal constitution have higher power?

The Federal level is higher than the State Level. The US Constitution wins over any State law deemed 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 is an example of unconstitutional law?

Portions of the Patriot Act were declared unconstitutional in 2004 See http://www.cnn.com/2004/LAW/01/26/patriot.act.ap/ That's at the federal level. State laws can be declared so also. See http://www.keystonepolitics.com/story/aroundcapitol/expanded-state-hatecrimes-law-declared-unconstitutional One of the roles of the appeals courts and supreme courts at both the state and federal level is to rule on the constitutionality of a law.


On what grounds can the US Supreme Court strike down state or federal law?

The US Supreme Court can nullify laws that are unconstitutional, but only if the law is appropriately challenged by a person or entity with standing.


What does the supreme clause do when the state law conflicts with the federal law?

Assuming that the federal law can be said to have a reasonable connection to the Article I, Section 8 Powers given to Congress, the federal law will supersede the state law and render the state law non-operative. If the federal law is not said to have a reasonable connection to the Article I, Section 8 Powers, it is rendered unconstitutional and the state law prevails.