Can a law be revoked?
Asked by: Prof. Hayden Gusikowski | Last update: January 28, 2026Score: 4.2/5 (59 votes)
Yes, laws can be revoked, or repealed, through formal legislative processes like passing new laws, constitutional amendments, or public votes, though it requires official action, not just a simple decree, and sometimes a new conflicting law can implicitly repeal an old one. Repealing a law usually involves passing a new act through the legislature, potentially going to the executive for approval or veto, just like making a law, or by amending the Constitution for constitutional provisions, as seen with the 18th Amendment (Prohibition) being repealed by the 21st.
How does a law get revoked?
To repeal any element of an enacted law, Congress must pass a new law containing repeal language and the codified statute's location in the U.S. Code (including the title, chapter, part, section, paragraph and clause).
Who has the power to nullify a law?
Nullification and the Supreme Court. Definition: The theory that the states are the final arbiters of the limits of national authority and that each may veto the enforcement of federal laws it determines to be unconstitutional, at least within its own boundaries.
Is it possible to repeal a law?
Official action is required to repeal a law. Repeal can occur through legislative passage or public vote. Implicit repeal can happen when a new law contradicts an existing one. Constitutional amendments are necessary to repeal constitutional provisions.
What cancels a law?
repeal. 1) v. to annul an existing law, by passage of a repealing statute, or by public vote on a referendum. Repeal of constitutional provisions requires an amendment, as with the repeal of prohibition in which the 21st Amendment repealed the 18th Amendment.
Can Her Citizenship Be Revoked, Legally?
Who can overturn a law?
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
Can you nullify a law?
Thus, the federal courts have held that under the Constitution, federal law is controlling over state law, and the final power to determine whether federal laws are unconstitutional has been delegated to the federal courts. The courts therefore have held that the states do not have the power to nullify federal law.
How to overturn a law?
The easiest path for changing the law is for the people to persuade the legislature, because the legislature has the power to change / add laws. Even then, some legislative acts have to also be submitted to popular vote for (dis)approval, either bond measures or amendments to previous voter initiatives.
Can you overrule a law?
Congress then may choose to “override”1 judicial interpretations with which it disagrees (so long as the judicial decision is not constitutional in nature) by amending the law at issue or enacting a new law. The power to enact such overrides is core to maintaining democratic accountability for policy.
What are the consequences of repealing a law?
The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or ...
What is certiorari meaning in law?
The word certiorari comes from Law Latin, meaning "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. The writ of certiorari is a common law writ, which may be abrogated or controlled entirely by statute or court rules.
Who can violate your constitutional rights?
The person who violated your rights must have been acting with government authority or “under color of law.” This could include police officers, corrections officers, judges, prosecutors, and other government employees acting in their official capacity.
Do we have a constitutional right to overthrow the government?
No, the U.S. Constitution does not explicitly grant a right to overthrow the government; in fact, it criminalizes insurrection, but the Declaration of Independence (a foundational document, not the Constitution) asserts a right to revolution against oppressive governance, a concept rooted in natural law and philosophy that influenced the founders. While the Constitution ensures a republican government and allows Congress to suppress insurrections, it doesn't legalize rebellion, treating it as treason, yet the founding principles acknowledge overthrowing tyranny as a last resort, distinct from mere protest.
How hard is it to overturn a law?
The simplest way to amend or repeal a law is for Congress to do it. Either the House or the Senate can start the process. If both Houses pass identical legislation simultaneously, the only additional thing necessary is for the president to sign it.
What is the act of revoking a law?
Repeal is the rescission of an existing law by subsequent legislation or constitutional amendment. Also referred to as abrogation. Repeal can be explicit or implicit.
Has the US Supreme Court ever reversed a decision?
Ross, 456 U.S. 798 decision in June 1982. There have been 16 decisions which have simultaneously overruled more than one earlier decision; of these, three have simultaneously overruled four decisions each: the statutory law regarding habeas corpus decision Hensley v.
Who has more power than a judge?
While judges hold significant authority in court, others wield different forms of power, including Legislators (Congress) who make laws judges interpret, the President who enforces them and appoints judges, Prosecutors (DAs) who heavily influence case outcomes through charging decisions, and even Juries who determine facts, all operating within a system of checks and balances where power is distributed, not absolute.
Who can override a law?
The president can approve the bill and sign it into law. Or the president can refuse to approve a bill. This is called a veto. If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law.
Has any president ignored a Supreme Court ruling?
Yes, presidents have ignored or defied Supreme Court rulings, most famously Andrew Jackson with the Cherokee Nation (Trail of Tears) and Abraham Lincoln by suspending habeas corpus, but this is rare and often leads to constitutional crises, with recent instances involving defiance in deportation cases under the Trump administration. Other examples include governors defying rulings on segregation (Faubus, Barnett) and FDR's stance on military tribunals, highlighting ongoing tensions between executive power and judicial authority.
How to get a law repealed?
"In general, you repeal a law by passing a new law," says Jill Hasday, a constitutional law professor at the University of Minnesota. "You get a majority of both houses and then it goes to the president for a possible veto." But, a Senator can halt proposed legislation with a filibuster.
Can a law be challenged in court?
If the person bringing a legal challenge to a law demonstrates to the court that the right at stake is fundamental and the law infringes on that right, the court will apply strict scrutiny.
Can a court repeal a law?
Judicial review: Federal courts, including the Supreme Court, have the power to declare laws passed by Congress unconstitutional, thereby invalidating them.
Can a law be declared unconstitutional?
When a court declares a statute unconstitutional or enjoins its enforcement, the disapproved law is de scribed as having been “struck down” or rendered “void” — as if the judiciary holds a veto-like power to cancel or revoke a duly enacted statute.
Can a judge overrule a not guilty verdict?
Because the Not Guilty verdict cannot be overturned, and because the jurors cannot be punished for their verdict, the law is said to be nullified in that particular case.
What does it mean to nullify a law?
Nullification makes a law or agreement void and without legal effect. It can occur through court orders or jury decisions.