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The Constitution is the supreme law of the land. All the amendments, clauses, articles, and paragraphs are laws. Currently, all 27 of these laws are a contract between the U.S. citizens and our Government. They cannot violate these laws or they risk certain liabilities. However, the government has the ability to bend these rules through bills and laws, but cannot legally strip them or excessively restrict them.
Each of the 50 states in the U.S. government is required to abide by the U.S. Constitution through law. It's required for statehood itself. A states' constitution is founded on all 27 amendments to the U.S. constitution. The states constitution can enumerate other powers not delegated to the Federal Government. That's 10th Amendment's law.
Law based on the Constitution and US Supreme Court decisions, or precedents, is called common law. Law introduced by legislation in Congress is called enacted law.
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Does the supreme court promote democracy in the US?
Yes, the Supreme Court promotes democracy by protecting the Constitution. Nine justices make decisions based on Constitutional rights with democracy in mind.
What is a legislative act or Presidential action that violates the Constitution based on the interpretation of the Supreme Court?
Unconstitutional
Based on previous supreme court rulings which would be considered a display of the ten commandments that does not violate the constitution?
a large cultural and historical display
What is used when a court makes decisions based on common law?
Previous Judicial Decisions
What must be submitted by lawyers to the supreme court prior to presenting a case?
If it's for E2020 the answer is BRIEF. The Supreme Court is unlike any other court because the cases have all ready been heard and tried in lower courts. The lawyers have to prove that their argument is based in law and the constitution . They have to cite cases and law to the court in a determined set time. The justices will return a decision several months after the case is heard. They do not all have to agree in their decisions, but what they write may shape future cases and law. To begin the process a brief with the court is filed.
Does the supreme court promote democracy in the US?
Yes, the Supreme Court promotes democracy by protecting the Constitution. Nine justices make decisions based on Constitutional rights with democracy in mind.
Why is it so important that the judges chosen for the high court understand the Constitution?
Supreme Court justices need to understand the Constitution because they are supposed to make their decisions on cases based solely on the Constitution, with as little bias as possible.
Who has an unwritten Constitution based on laws court decisions and customs?
Great Britain
What historic legal document are most US Supreme Court rulings based on?
The US Constitution is the historic legal document that most US Supreme Court rulings are based on.
What is a legislative act or Presidential action that violates the Constitution based on the interpretation of the Supreme Court?
Unconstitutional
What do most US Supreme Court cases have in common?
The vast majority of US Supreme Court cases are heard under appellate jurisdiction and involve questions of federal or constitutional law. Approximately two-thirds of the Court's caseload originates in the federal court system; about one-third are appealed from state supreme courts, or their equivalent "court of last resort."The Supreme Court decides to hear a case based on three major factors: whether the case was an appeal by the federal court and is in conflict with the decisions of other circuits; the general importance of the case; and whether the lower court's decisions may be wrong in light of the Supreme Court's opinions.Most cases accepted on appeal involve decisions that conflict with the High Court's interpretation of the Constitution or federal law, or that the Justices believe need clarification in order to establish a precedent for application across all lower courts.The goal of the US Supreme Court is fair legal application and consistency of decisions in relation to the Constitution, federal law, and established precedents.For more information, see Related Questions, below.
How can supreme court decisions be overthrown?
Court decisions can be overturned by higher courts, with the highest being the Supreme Court. Once the Supreme Court has issued a ruling, it can only be overturned by another Supreme Court ruling if the court agrees to hear that case or a similar case again. It is also possible for Congress to pass a law or constitutional amendment (with the help of the states, which must ratify any amendment), which can effectively overturn a Supreme Court decision by altering the law on which the decision was based.
What do presidential appointees to the supreme court do?
The appointees (Justices) discuss and debate (in private) on laws brought before the court's constitutionality. If an individual files suit against the a State or the Federal Government, and is appealed to the Supreme Court, the Court has the authority to strike down a law based on if it is conflict with the constitution.
Are US Supreme Court justices politicians?
While US Supreme Court justices are appointed by presidents and undergo a confirmation process, they are intended to be impartial and make decisions based on the Constitution and the law, rather than political considerations. However, it is recognized that justices can have ideological leanings and their decisions can be influenced by their personal beliefs and values to some extent.
Why does the supreme court not hear cases involving political questions?
Becase politics, as such, are not addressed in the Constitution. However, insofar as adjudicating actions arising from political matters (e.g.: the contested election of Bush v. Gore) the Court CAN arrive at judgments and decisions based on existing law and the Constitution as it is written. Arriving at a judgment on that election did NOT involve a political question, but a PROCEDURAL one.
Has the US Supreme Court acted to restrict the political rights of the Constitution?
The supreme court has indeed acted to restrict the political rights of the constitution. In 1875 a group of women from Missouri appealed to the supreme court to challenge the Missouri law that denied them the right to vote in a case called Minor v. Happersett. The Supreme court ruled against these women based on the statement in our constitution "All men are created equal." It was not until congress passed the 19th amendment in 1920 that women received full political rights.
Based on previous supreme court rulings which would be considered a display of the ten commandments that does not violate the constitution?
a large cultural and historical display
