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A later decision, or refinement ruling of the same court; or a ruling of that same court based upon a new or amended law to comply with that ruling.
For example:
John burns the US Flag on the steps of the State Capital. The State arrests him because the state amended its constitution based on a previous decision by the US Supreme Court that flag burning is protected speech, thereby making flag burning unlawful. The US Supreme court would rule that the amendment violates the US Constitution (which is superior) and strike down the state amendment. The State then writes a law that John has to buy a permit to burn the flag in any form of protest. The US Supreme Court would uphold that law as long as it did not: 1) discriminate in who the permits were issued to, or 2) make the cost or time involved in issuance of the permit unbearable (too much to afford). **Please note this is just a simple example and involves a lot more than is illustrated.
FOR PLATO - an amendment to the constitution
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When has a state Supreme Court overturned the US Supreme Court?
The US Supreme Court has the authority to overturn a precedent in any case under their review, if they feel the precedent no longer applies to current social and legal circumstances. They can also ignore precedents if they feel a case creates an exception to the rule, for whatever reason.
What was the US Supreme Court's first major case and what Amendment reversed the justices' decision?
The US Supreme Court's first important decision, Chisholm v. Georgia, 2 US 419 (1793), was overturned by the Eleventh Amendment. In Chisholm, the Court ruled states lacked sovereign immunity from being sued for war reparations, which had the potential to cause economic disaster following the Revolutionary War.
Can a us president overturn a supreme court amendment?
A U. S. president cannot reverse a U. S. Supreme Court decision or the decision of the Supreme Court of any state or territory.
What are the decision of the court called?
The explanation for the US Supreme Court's decision is called the opinion.
After state supreme court what is next?
That depends on the case. Often, the state supreme court is the end of the road for a case, making the decision of the state supreme court final and binding. Sometimes cases involved federal questions (issues arising under the US Constitution or federal law) that allow them to be appealed to the US Supreme Court. If the US Supreme Court hears such a case, it may affirm or overturn the state supreme court decision.
Should Congress be permitted to overturn a US Supreme Court's decision by drafting a piece of legislation contrary to the Court's decision?
Sometimes. If the Supreme Court decision interprets a statute or common law, it can be overturned by a legislative statute to the contrary. However, if the Supreme Court decision is interpreting constitutional law, a constitutional amendment would be required to overturn the decision.
Supreme court decisions can only be overturned by the court itself or by?
The Supreme Court cannot directly enforce its rulings; instead, it relies on respect for the Constitution and for the law for adherence to its judgments. Because the Supreme Court simply bases its decisions on the Constitution, the decisions are not overturned. The decisions simply uphold the Constitution but do not have outside enforcement.Added: Short answer: (in the US) The Supreme Court is the highest court in the nation. Its rulings cannot be overturned unless done by a subsequent ruling of the same court.
Would the US Supreme Court reverse a decision because of unconstitutionality?
Absolutely, yes. The US Supreme Court has overturned many lower court decisions on the basis of unconstitutionality of the law, as written or applied, or something that occurred in the legal process.
What was the US Supreme Court decision on gay people in the military?
The US Supreme Court overturned Don't Ask Don't Tell on September 20, 2011. All gay people are allowed to serve openly in the military.
When has a state Supreme Court overturned the US Supreme Court?
The US Supreme Court has the authority to overturn a precedent in any case under their review, if they feel the precedent no longer applies to current social and legal circumstances. They can also ignore precedents if they feel a case creates an exception to the rule, for whatever reason.
What is the name of a US Supreme Court decision?
US Supreme Court decisions are called opinions.
The official decision of the Supreme Court is known as what?
The official decision of the Supreme Court is known as an opinion. Rulings by the US Supreme Court cannot be appealed by a higher court.
What happens when there is a tied decision by the us supreme court?
the lower court's decision stands unless there is a majority of the Supreme Court in favor of overturning it.
What was the US Supreme Court's first major case and what Amendment reversed the justices' decision?
The US Supreme Court's first important decision, Chisholm v. Georgia, 2 US 419 (1793), was overturned by the Eleventh Amendment. In Chisholm, the Court ruled states lacked sovereign immunity from being sued for war reparations, which had the potential to cause economic disaster following the Revolutionary War.
What is the decision of the lower court if the US Supreme Court refuses to hear a case?
The decision of the lower court is final.
What is the explanation for the supreme court's decisions called?
The explanation for the US Supreme Court's decision is called the opinion.
Can a us president overturn a supreme court amendment?
A U. S. president cannot reverse a U. S. Supreme Court decision or the decision of the Supreme Court of any state or territory.
