Congress can not enforce legislation that is unconstitutional. They would need to amend the constitution.
Article III, Section 1 of the US Constitution required the Federal government to establish a Supreme Court. Congress took this action with the Judiciary Act of 1789.
If the US Supreme Court declares a law unconstitutional, it is nullified and rendered unenforceable. It can not be reinstated. Congress may rewrite the law so that the new version complies with constitutional principles. The bill would be subject to the same legislative process as new Acts of Congress. It is also possible to pass an amendment to the Constitution that permits the action that the Court found unconstitutional. Then congress would have to pass a new law taking that action. This is what was done to permit the establishment of a Federal Income Tax.
Congress's 1964 action refers to the passing of the Civil Rights Act, which aimed to end segregation and discrimination in public facilities, employment, and voting rights. The Supreme Court's 1954 action refers to the landmark case of Brown v. Board of Education, in which the Court declared racial segregation in public schools unconstitutional. While both actions addressed racial inequality, Congress's 1964 action was a legislative effort while the Supreme Court's 1954 action was a judicial ruling.
The first home of Congress was Federal Hall in lower Manhattan, New York. from-United States Government Democracy in Action Textbook
Yes, Congress can override a Supreme Court decision by passing a new law or amending existing laws to counteract the Court's ruling. This power is granted to Congress through the process of legislative action and is a way to check and balance the authority of the judicial branch.
Generally, the Supreme Court has final appellate jurisdiction over both State and federal cases involving preserved federal questions.Translation: "Preserved" means the question appealed to the Supreme Court has been raised at trial and at each subsequent appeal. "Federal questions" are matters involving federal laws, federal policies, executive (presidential) orders, US treaties, and the US Constitution.More InformationUnder special circumstances, the Court may hear cases directly from the US District Courts on direct or expeditedappeal (the case goes straight from US District Court to the Supreme Court, bypassing the US Courts of Appeals), usually because it involves a high-ranking federal official or involves challenged legislation for which Congress specified an expedited appeals process.Exceptions involve any types of dispute or action where Congress has stripped jurisdiction from the Supreme Court and given it to a different federal court. For example, Congress stripped the Supreme Court's jurisdiction over writs of habeas corpus for Guantanamo detainees during the Bush Administration, assigning jurisdiction to the US District Court for the District of Columbia. This legislation has since been declared unconstitutional because the detainees were being denied due process.The US Supreme Court may considers cases from state courts if the case involves a "preserved federal question" provided all other appellate options have been exhausted. This includes cases heard or denied hearing by state supreme courts.
Congress banned the importation of slaves from Africa.
An amendment to the federal constitution..
If a business is trying to abide by Affirmative Action Laws, which of the following would be acceptable by the Supreme Court?
Veto
confiscation of the peoples gold and the packing of the Supreme Court.
Democratic Action Congress was created in 2004.