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What can the supreme court do to a law?
The SC can declare a law constitutional or unconstitutional.
What are the major duty's of the judicial branch?
To determine if a law is constitutional or if a law is unconstitutional.
Does Congress has the authority to overturn a law for being unconstitutional?
Congress can REPEAL any law, constitutional or not. Only the Court can overturn a law because it is unconstitutional.
What does the word unconstitutional means?
Means that the action or law is not constitutional or is against the constitution.
Is Judicial Review the power to declare a law unconstitutional?
Not entirely. Judicial review involves the power to declare a law or Executive Order unconstitutional, but the heart of judicial review is analyzing a law or order relevant to a case before the court to determine whether it is in keeping with constitutional principles, both as written and as applied.A law may be constitutional on its face (as written), but be used in a way that violates the Constitution (as applied). Under these circumstances, the law itself is not declared unconstitutional, but it is prevented from being used in an unconstitutional manner.Judicial review also applies in the many, more abundant cases where the court analyzes a law and upholds the law against a constitutional challenge.
What does it mean to pass constitutional muster?
It means to withstand a legal challenge on Constitutional grounds. An unconstitutional law is one that will not "pass Constitutional muster," and would be overturned by the SCOTUS if challenged.
Can laws be declared unconstitutional?
Yes, laws can be declared unconstitutional by a court. This typically happens when a court determines that a law violates the constitution or an individual's constitutional rights. When a law is declared unconstitutional, it is no longer valid and cannot be enforced.
What is unconstitutional about ObamaCare?
It is not unconstitutional. The Supreme Court ruled that it is constitutional.
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
What is important about the court voiding a law?
The court has to take into consideration whether a law is considered constitutional or unconstitutional depending on whether a law is upheld by the constitution or not. The constitution has to support a law for it not to be void.
ARE Laws that ban advertising of legal products and services generally are constitutional or unconstitutional?
unconstitutional
What government in the UK decides if a law is constituntional?
The United Kingdom has an uncodified and unwritten constitution; strictly speaking, no law can be regarded as unconstitutional. Parliament has the power to change the law, including constitutional principles, easily and as it sees fit. This effectively means that if a law is passed, it is automatically considered constitutional, even if it goes against what was previously regarded as constitutional law. As such, the UK constitution is arguably the most heavily amended in the world.
