Can the Supreme Court strike down an unconstitutional law?
Asked by: Lillian Cole | Last update: February 19, 2026Score: 4.9/5 (66 votes)
Yes, the U.S. Supreme Court can strike down unconstitutional laws, a power known as judicial review, established in Marbury v. Madison (1803), allowing it to invalidate federal, state, and local actions that violate the Constitution, ensuring laws align with the supreme law of the land. This power serves as a critical check on the legislative and executive branches, protecting individual rights and maintaining constitutional limits.
Can the Supreme Court overturn unconstitutional laws?
Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power. Third, it protects civil rights and liberties by striking down laws that violate the Constitution.
Can the U.S. Supreme Court strike down a constitutional amendment?
No amendment to the Constitution has ever been ruled unconstitutional by a court. Unlike the uncodified constitutions of many other countries, such as Israel and the United Kingdom, the codified US constitution sets high standards for amendments, but places few limits on the content of amendments.
What can the Supreme Court strike down?
In 1803, the court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law.
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.
How Do Courts Strike Down Unconstitutional Laws?
Can a president overturn a Supreme Court ruling?
No, the President cannot directly overturn a Supreme Court decision; only the Court itself (through a new ruling), the Constitution (via amendment), or new legislation by Congress can overturn a major ruling, though Presidents can try to influence future decisions by appointing new justices or challenge rulings through appeals, and historically, some have selectively enforced or ignored certain rulings, as seen with Lincoln and the Dred Scott case.
Who has the ultimate authority to declare a law unconstitutional?
The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
Who can supersede the Supreme Court?
Congress can influence and limit the judicial branch, and the judiciary can check Congress's powers. Legislative Branch's Checks on the Judicial Branch: Impeachment power: Congress can impeach and remove federal judges, including Supreme Court justices, for misconduct.
Has the Supreme Court ever held someone in contempt?
They were held in contempt of court and sentenced to imprisonment. It remains the only criminal trial in the history of the Supreme Court. United States v. John F.
Can the president remove a Supreme Court justice Constitution?
The Constitution states that Justices "shall hold their Offices during good Behaviour." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment.
Has a Supreme Court decision ever been overturned?
Yes, the U.S. Supreme Court frequently reverses its own prior decisions and those of lower courts, a process known as overturning precedent, with famous examples including Brown v. Board of Education (overruling Plessy v. Ferguson) and West Coast Hotel v. Parrish (ending the Lochner era), demonstrating the Court's ability to correct perceived errors and adapt to changing societal understanding.
Which two laws did the Supreme Court declare to be unconstitutional?
The Supreme Court declared two major New Deal laws unconstitutional: the National Industrial Recovery Act (NIRA) in 1935 and the Agricultural Adjustment Act (AAA) in 1936, striking down federal overreach in economic regulation, followed by rulings against state laws like minimum wage, leading to intense conflict with President Roosevelt.
Who can still declare the law unconstitutional?
State lawsuits challenging federal law
A state may challenge the constitutionality of a federal statute by filing a lawsuit in court seeking to declare the federal law unconstitutional. Such a lawsuit is decided by the courts, with the Supreme Court having final jurisdiction.
Who can reverse the judgement of the Supreme Court?
A Supreme Court decision can be overturned by another Supreme Court ruling (a new case), a Constitutional Amendment, or if the ruling interpreted a federal statute, by Congress passing a new law. While the President can't overturn a decision directly, they influence future courts through appointments, and Congress can pass legislation to clarify or change laws interpreted by the Court.
Can the President change the number of Supreme Court Justices?
No, the President cannot directly change the number of Supreme Court Justices; only Congress has that power by passing a law, but the President must sign that law for it to take effect, meaning both branches must agree, as seen with the Judiciary Act of 1869 fixing the number at nine. While presidents appoint justices, they can only fill existing vacancies or new ones Congress creates, as the Constitution doesn't set the court's size, allowing Congress to adjust it as a legislative check.
What is considered the worst Supreme Court case ever?
While subjective, Dred Scott v. Sandford (1857) is widely considered the worst Supreme Court case ever for denying Black people citizenship, fueling slavery, and pushing the nation toward Civil War, with other notorious decisions including Plessy v. Ferguson (1896) (sanctioning segregation) and Korematsu v. United States (1944) (upholding Japanese internment). More recent controversial rulings often cited include Citizens United v. FEC (2010) (campaign finance) and Kelo v. New London (2005) (eminent domain).
What happens if the Supreme Court says a law is unconstitutional?
3 The judicial pronouncement of unconstitutionality is regarded as something akin to an executive veto: The disapproved law is “struck down” — either in whole or in part — and the portions or applications of the statute that contradict the judiciary's interpretation of the Con stitution are treated as a legal nullity.
Can a president overturn a constitutional amendment?
The Constitution does not give a president the power to violate the Constitution, create or change congressional statutes, or override U.S. Supreme Court decisions—no matter what the EOs say.
Can Congress abolish the Supreme Court?
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. See . Congress cannot abolish the high court. See .
Who has more power than the Supreme Court?
Congress creates laws; the Supreme Court interprets those laws in the context of legal disputes and rules on their constitutionality. Congress can change the courts' size, structure, and jurisdiction.
Can anyone challenge a Supreme Court ruling?
California Supreme Court decisions are final unless they involve federal law. If your case raises a federal legal issue, you can ask the U.S. Supreme Court to review it.
Can Congress overturn a Supreme Court decision?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
Do Republicans or Democrats control the Supreme Court?
The U.S. Supreme Court currently has a 6-3 majority of Republican-appointed justices, making it a conservative-leaning court, a balance solidified by appointments from Presidents George W. Bush, Donald Trump, and a shift after the passing of Justice Ruth Bader Ginsburg, with only three justices appointed by Democrats. This conservative supermajority typically consists of Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, while the liberal wing includes Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
What is the Article 111 of the Constitution?
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.