If a state court declares a state law unconstitutional, the state will probably appeal the case to the state supreme court. If a state court declares a federal law unconstitutional, the losing party in the case will appeal the decision in the federal courts.
The case could ultimately be heard by the US Supreme Court; however, if a lower court reverses the state court's decision and either the appropriate US Court of Appeals Circuit Court or US Supreme Court decline to consider the case, the decision of the lower federal court would be final.
The US Supreme Court is the ultimate arbiter of constitutionality.
This doctrine taught that any state could nullify a law of the United States that was contrary to the Constitution as they understood it.
They can appeal to the United States Supreme Court to have the law be declared unconstitutional by the Supreme Court's right to judicial review.
I believe it is the Doctrine of Nullification
Yes, through proper legislative or judicial procedure.
The Ability to nullify a law by declaring it unconstitutional, the issue was brought up john c calhoun from South Carolina was opposed to the tariff government placed on manufactured goods, john and South Carolina deemed the law unconstitutional and did not follow it. However the Nullification act was brought about which stated that the ability to nullify a law and declare it unconstitutional was only the supreme courts decision to make, not each state.
The governor of Georgia, (whoever it is at the time) declares a law unconstitutional. He can rewrite them or make them.
The term null and void means that a state deems a law unconstitutional and chooses not to follow it.
judicial reveiw go apex kids :)
That the law doesn't follow the constitution.
That the law doesn't follow the constitution.
Judicial Review
judicial review
judicial review
judial review
The term null and void means that a state deems a law unconstitutional and chooses not to follow it.
The legal concept or theory whereby a court declares a law unconstitutional is commonly called "judicial review." This was not so much established as confirmed by the US Supreme Court case Marbury v. Madison.
The Supreme Court declares a federal law unconstitutional.