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Supreme Court decisions can only be overturned in two ways:
- The US Supreme Court can overturn a decision on an earlier case by making a contradictory decision on a current case (or by reversing a current decision).
- Congress and the States can overturn a decision by amending the US Constitution.
That depends on what is meant by changing a Supreme Court case. The specific decision of the court cannot be changed the way an appellate court can change a trial court decision or the Supreme Court can change an appellate court or trial court decision thtough the appeal process. If changing a court case means changing the principle or precedent the case makes, I would say there really are three ways, although, none of these ways truly "changes the case". They change the law on which the case is decided so that the case is no longer of any precedential value. First, if the case results in a specific interpretation of the Constitution or an Amendment, an Amendment may be adopted to change the Constitution or Amendment that had been interpereted in order to eliminate the basis for the decision. An example is the decision in Scott v. Sanford, the Dredd Scott case. An underlying premise in that case was that slavery was not unconstitutional. Later, the Thirteenth Amendment was passed to make slavery unconstitutional, thereby "changing" the principle that slavery is constitutional. A second way is similar to the first, but involves statutes instead of the Constitution or its Amendments. If a Supreme Court case construes the wording of a statute in such a way that a specific result is obtained in a case, Congress can simply amend that statute or repeal it so the statutory basis for the decision no longer exists. Third, the decision might be overruled by a later Supreme Court case. An example is Plessy v. Ferguson, in which the Supreme Court held that separate but equal public facilities for blacks and whites was constitutionally permissible. Over a half-century later, the case of Brown v. Board of Education of Topeka ruled that separate facilities was unconstitutional. Note that none of the cases were "changed." They remain intact, but the basis for their rulings changed in the first two instances. In the third, the Supreme Court essentially decided that the principle laid down in the earlier case was appropriate when looking at the issue in modern society.
No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government. However, if the Supreme Court strikes down a federal law, Congress can always modify the law until it is such that the Supreme Court does not consider it to violate the Constitution, then pass it again.
Supreme Court decisions can only be overturned in two ways:
Legitimate Methods
- The US Supreme Court reverses a decision on an earlier case by making a contradictory decision on a current case.
- Congress and the States can overturn a decision by amending the Constitution.
Illegitimate Methods (Passive Resistance)
- Sometimes the Executive Branch obstructs or fails to enforce a decision.
- Sometimes Congress rewrites legislation to bring it into compliance with constitutional guidelines.
- Sometimes Congress strips the Supreme Court of its appellate jurisdiction over certain types of cases to deprive them of the ability to overturn a law or policy.
- Sometimes states pass laws that clearly violate Supreme Court decisions, forcing someone with standing to challenge the new law's constitutionality. Meanwhile, the law can be enforced even if violates established civil rights. State legislatures do this with the hope of overturning, or slipping around, precedents set by earlier Courts.
Contributor's Example
Don burns the US Flag on the steps of a state capitol. The state arrests him because the state amended its own constitution to make this illegal. However, the US Supreme Court ruled that flag burning is protected speech, thereby making flag burning lawful under US law.
If the case is appealed to the US Supreme Court, it would rule that the state constitutional amendment violates the US Constitution (which is superior) and strike down the state amendment.
The state then writes a law that Don has to buy a permit to burn the flag in any form of protest. The US Supreme Court might uphold that law (if challenged) as long as it fulfills a legitimate government purpose, but does not: 1) discriminate in who the permits are issued to, or 2) make the cost or time involved in issuance of the permit unbearable. Sometimes such laws are deemed unconstitutional, and sometimes not.
Well, you could
1. Change the law
or
2. Try a similar case with different justices later... the Supreme Court can overturn a decision made by a previous Supreme Court.
As far as overturning a current decision of the current court... you can't. The Supreme Court is the court of last resort, with nothing higher. It is equal in power to the president or to congress. That's the whole point of the court... it is one of the three branches of government that balances the power in our government. It doesn't have the *same* power... just equal power in a different area.
1) Congress can amend the US Constitution, with ratification by the States.
2) The Court can reverse its own prior decision.
1) the US Supreme Court itself can overturn a prior decision.
2) an amendment to the US Constitution may also be made to over turn a US Supreme Court decision.
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Why can amendments to the Constitution negate Supreme Court decisions?
The Constitution is the Supreme Law of the Land, which all government officials swear to uphold. Supreme Court decisions are subordinate to constitutional amendments, and represent one of the few ways a Supreme Court decision can be changed.
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.
3 ways cases reach the supreme court?
Under original (trial) jurisdiction (disputes between the states);Under appellate jurisdiction from federal courts;Under appellate jurisdiction from the states if the other avenues of appeal have been exhausted and the case involves a preserved federal question.
What statement best completes the diagram of the ways the different branches of government can limit each bother's power?
can purpose amendments to the constitution to overturn a supreme court decision
What other courts are there in the united states that must follow the decisions if the supreme court?
All US Courts, both federal and state, are required to uphold decisions (called binding precedents) of the US Supreme Court under the doctrine of judicial precedent or stare decisis (Latin: let the decision stand) if a question of law has already been settled (res judicata). US Supreme Court decisions are supposed to carry the rule of law, but lower courts sometimes interpret or decide cases in ways that contradict established precedent.Each case is unique, so each court that hears a particular matter may have a different interpretation as to which precedents are controlling and why. If the case is appealed to the US Supreme Court, and the Court grants cert (agrees to review the case under its appellate jurisdiction) and the Supreme Court agrees with the lower court ruling, a new precedent may be set. Otherwise, the Supreme Court may reverse the decision to bring it into compliance with established precedent.The reasoning behind the doctrine of stare decisis is ensuring a fair and consistent application of law to protect Constitutional rights.
Why can amendments to the Constitution negate Supreme Court decisions?
The Constitution is the Supreme Law of the Land, which all government officials swear to uphold. Supreme Court decisions are subordinate to constitutional amendments, and represent one of the few ways a Supreme Court decision can be changed.
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 two ways cases come to the Supreme court?
Cases come to the Supreme court in two ways:Under original jurisdiction, which currently includes only disputes between the states.Under appellate jurisdiction, where the case (usually) has exhausted all appeals in the federal or (sometimes) state court system.Basically, a case can go to the Supreme Court through appeals. Another way a case can make it to the Supreme Court is if it involves changes to the federal law.Cases are not directly filed with the US Supreme Court. They must begin in the Federal Circuit in one of the US District Courts or in a state trial court.If a verdict unsatisfactory to one side in the case is rendered, the next step is to appeal that case to the US Federal Court of Appeals for the Federal District in which the District Court was located, or to the court of appeals for the state in which the case was originally tried.If the verdict is still unsatisfactory, it may be submitted to the US Supreme Court (unless the case originated in the state court system, in which case it must be petitioned to the state supreme court first) which will then decide on whether it wishes to hear the case, or not.If not - they will remand it back to the Court of Appeals for final jurisdiction. If they DO accept it, they will hear arguments from the attorneys for both sides, and then each Justice will render their own opinion on the case. The majority of opinions decides the case.
How does the cases reach the supreme court?
There are two ways a case can reach the Supreme Court.The first way is by far the most common: A case is first heard by a trial court. If one of the parties doesn't like the outcome, they appeal. The case is then heard by an appeals court, who has the power to overturn the decision of the trial court. The first appeal is a "gimme" - the appeals court hears everyone's appeal. If one of the parties STILL doesn't like the outcome, they can try to appeal again. The Supreme Court, however, does not have to accept every appeal. To appeal to the Supreme Court, you have to write a "petition for certiorari." If they accept your case, we say that the Supreme Court has "granted cert."The second way is very rare: the Constitution gives the supreme court "original" jurisdiction over a narrow class of cases (mostly cases between states or involving ambassadors.) This means that if a case is of that type, the Supreme Court can take it directly, without any trial court. The court almost never accepts a case this way.
Has the US Supreme Court ever overruled a former US Supreme Court decision?
Yes, quite a few times. One famous instance in which the Supreme Court overruled its prior precedent was Brown v. Board of Education, the case which held that segregated schools denied African American children equal educational opportunities. In that case, the Court overruled Plessy v. Ferguson, (1896) (espousing the infamous "separate but equal" doctrine), relying heavily on findings from social science.The Supreme Court rarely overrules its own precedent, however, and will often find ways to distinguish a case (explain why that prior case is different from the case at bar and why the outcome here should be different) before it overturns it. When the Supreme court does overturn a case, it will usually do so explicitly and explain the rationale for its departure.The Congressional Research Service published a book on the US Constitution in which there were over 100 cases showing that the Supreme Court had overruled itself.
What ways can the Supreme court check the powers of the president?
veto
In what ways is the Supreme Court power limted?
The supreme court can't make laws since that is the role of the legislature. Nor can it execute laws.
Why is the Marbury v. Madison case important?
The case of Marbury V Madison is important in a few ways. The main way it is important is because it was the first U.S. Supreme Court case to apply the principle of judicial review.
Why is the case of marbury v madison important-?
The case of Marbury V Madison is important in a few ways. The main way it is important is because it was the first U.S. Supreme Court case to apply the principle of judicial review.
What case does the supreme Court have original jurisdiction?
If your asking in regards to the Supreme Court then: In order for the Supreme Court to see a case there is a lengthy process one must go through. There are three different ways a case can reach the Supreme Court. The least common way is a case that is under the Courts "original jurisdiction", meaning that the Supreme Court hears the case directly. An example of this is when the Court hears arguments between different states, such as the State of New Jersey v State of New York in regards to who has jurisdiction over Ellis Island. Basically it almost never happens but if it does it will most likely be between two different states. If your asking in regards to the Supreme Court then: In order for the Supreme Court to see a case there is a lengthy process one must go through. There are three different ways a case can reach the Supreme Court. The least common way is a case that is under the Courts "original jurisdiction", meaning that the Supreme Court hears the case directly. An example of this is when the Court hears arguments between different states, such as the State of New Jersey v State of New York in regards to who has jurisdiction over Ellis Island. Basically it almost never happens but if it does it will most likely be between two different states. In order for the Supreme Court to see a case there is a lengthy process one must go through. There are three different ways a case can reach the Supreme Court. The least common way is a case that is under the Courts "original jurisdiction", meaning that the Supreme Court hears the case directly. An example of this is when the Court hears arguments between different states, such as the State of New Jersey v State of New York in regards to who has jurisdiction over Ellis Island.
3 ways cases reach the supreme court?
Under original (trial) jurisdiction (disputes between the states);Under appellate jurisdiction from federal courts;Under appellate jurisdiction from the states if the other avenues of appeal have been exhausted and the case involves a preserved federal question.
What 3 ways have supreme court duties grown?
amendments, disputes and new laws
