How can the supreme court overpower the legislative branch?

Answer 1

Yes and no. The US Supreme Court doesn't have veto power, and can't overturn a legislative act unless it is properly challenged in the federal court system and petitioned to the Supreme Court under its appellate jurisdiction. The Court can't actively seek out legislation to overrule.

Answer 2

No. The Supreme Court is part of the Judicial Branch of any government. The Judicial Branch is equal to, and independent of, the Legislative and Executive Branches. This is established in the U.S. Constitution.

Answer 3

Yes, when there is a preserved federal question involved in the state supreme court's decision. Federal questions like the constitutionality of a state law are allowed to be raised and determined in state courts. If the state action goes to the state supreme court, but one party alleges that the state supreme court decision is wrong because it mistakenly interprets the US Constitution or federal statute, the US Supreme Court may, if it chooses, take an appeal from the state supreme court decision.

If the state supreme court decision is based entirely on the state constitution or state statute with no issue of a federal nature, then the US Supreme Court has no jurisdiction and may not hear the case.

When the case has been decided by the highest state court of appeals (state Supreme Court), involves a question of federal or constitutional law, and a party to the case has petitioned for a Writ of Certiorari from the US Supreme Court.

Likewise, if a case on appeal from a state supreme court is denied a writ of certiorari from the US Supreme Court (as happens 98-99% of the time), the decision of the lower court is final.

Answer 4

Sort of. The Supreme Court can declare a law unconstitutional (by the process of judicial review), in which case the law is considered invalid. If the legislature still wants the law to stand, they must then either change it enough to remove the conflict, or pass a constitutional amendment.

Answer 5

The Supreme Court of the United States has the authority to deem a law unconstitutional. If it does, the law becomes unenforceable and, thus, no longer in effect. This is an example of the checks and balances of the three branches of government.

Answer 6

Yes, there is nothing explicit in the Constitution that prevents them from doing so.