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Yes, the US Supreme Court can nullify an unconstitutional law, but ONLY under certain circumstances.
The Supreme Court can only apply judicial review laws relevant to a case on appeal before the Court. Contrary to popular belief, the Supreme Court cannot be proactive in reviewing state and federal statutes.
The justices don't have constitutional authority to overturn legislation simply because they don't like it. Someone with "standing" (is personally injured by the law in a manner the courts can address) must first file a lawsuit directly or indirectly challenging the law, then follow the appeals process all the way to the US Supreme Court.
Yes, but... Congress is supposed to make laws that uphold the principles of the Constitution, but that doesn't always happen. Legislation can become law even if it doesn't agree with the Constitution, but the law can be challenged in the courts and be nullified or overturned if the judges or justices believe it violates the Constitution.
The bottom line is Congress can make unconstitutional laws if enough of them agree to pass the legislation and if the President doesn't veto it or if Congress has enough votes to override the veto, but the laws can be overturned by the courts or repealed by Congress later.
Supreme Court should have the power to declare a law passed by Congress unconstitutional because then, we wouldn't need a Constitution. Also, we would have to obey laws that would be sometimes unfair.
As one-third of the three branches of our Government in which a system of checks and balances was placed on each branch by the Constitution....
Yes... It's what they do.
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What kind of laws is congress prohibited from passing?
The chic and the other is a great way for me is to make a living wage is not be a
What are checks that the judicial branch has on congress?
they can declare laws unconstitutional
Who can rule that laws written by Congress are unconstitutional?
Supreme Court
Does Congress have the expressed power to declare laws unconstitutional?
Congress cannot declare laws unconstitutional. The Judiciary Branch may declare a law unconstitutional only if it conflicts with some provision of the State or Federal Constitution. The Supreme Court can rule a law to be unconstitutional, but Congress, along with the States, can only amend the Constitution.
How does the judicial branch check the power of the congress?
Can declare laws unconstitutional
How can the supreme court check congress power to makes laws?
The U.S. Supreme Court has the power to declare an act of Congress unconstitutional.
Who evaluates the laws made by congress?
The judicial branch evaluates the laws made by Congress; judges are able to declare laws unconstitutional. The president, as the head of the executive branch, has the power to evaluate and possibly veto laws.
It is the duty of the congress to make?
The Congress' main duty is to make and pass laws.
Can legislative law be passed by the executive or judicial branch as well as by congress?
Only Congress has the power to pass laws (legislate). The President can veto bills and can make suggestions as to laws he/she would like to see enacted. The power of the President is to enforce the laws that are already enacted. The Judicial Branch can interpret the laws and can declare laws that violate the Constitution as unconstitutional.
What declare laws unconstitutional?
Who can declare laws unconstitutional
What do you call a law that does not agree with the Constitution?
They are called "unconstitutional laws".
What laws does congress make?
Federal laws
