What does it mean if the Supreme Court determines that a law is unconstitutional?
Asked by: Tyshawn Predovic | Last update: February 2, 2026Score: 5/5 (74 votes)
When the Supreme Court declares a law unconstitutional, it means the law violates the U.S. Constitution, rendering it null, void, and unenforceable, setting a precedent that it cannot be applied, though it may technically remain on the books until repealed; this power, known as judicial review, confirms the Constitution as the supreme law and upholds individual rights against legislative or executive overreach.
What does it mean when the Supreme Court declares a law unconstitutional?
In the context of the U.S. legal system, if a law, policy, or action is deemed unconstitutional, it means that it violates some part of the Constitution and is therefore invalid. [Last reviewed in July of 2024 by the Wex Definitions Team]
What does it mean that the Supreme Court can determine if a law is constitutional?
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.
What can the Supreme Court do if it decides a law is unconstitutional?
The Supreme Court can strike down any law or other action by the legislative or executive branch that violates the Constitution. This power of judicial review applies to federal, state, and local legislative and executive actions. The Constitution does not specifically provide for the power of judicial review.
Who gets to decide if a law is unconstitutional?
The judicial branch, in turn, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. But judges depend upon the executive branch to enforce court decisions.
Which Court Determines If a Law Is Unconstitutional?
Can a president overturn a Supreme Court decision?
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.
Can an unconstitutional law be enforced?
If a statute is facially unconstitutional, the courts have stated that it cannot be enforced and the legislature may choose to repeal an unconstitutional statute to avoid confusion or to replace that statute with a new version that seeks to reach similar policy goals.
Who can overturn unconstitutional laws?
The Justices of the Supreme Court, nominated by the president and confirmed by the Senate, can overturn unconstitutional laws.
Does Congress have any power over the Supreme Court?
The Constitution gives the Supreme Court the power to be the court of first resort for some cases, such as suits between states, and Congress may not change that. However, Congress has some authority to regulate federal court jurisdiction, which affects whether some cases can be heard in the Supreme Court.
When the Supreme Court declares a law as unconstitutional, we have an example of _____________.?
The correct answer to the question is option B: Judicial review. This is the power of the judiciary to invalidate laws that violate the Constitution, established by the Supreme Court in the case of Marbury v. Madison.
Is constitutional law criminal or civil?
A Definition of Constitutional Law
Constitutional law focuses on the legal rights and prohibitions spelled out in the U.S. Constitution, plus related case law. Civil and criminal cases brought under the Constitution have created the case law that governs this area.
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.
Can states ignore the Supreme Court?
Ableman found that the Constitution gave the Supreme Court final authority to determine the extent and limits of federal power and that the states therefore do not have the power to nullify federal law. The Civil War put an end to most nullification attempts.
What is unconstitutionalism?
Constitutionalism is the principle that government powers should be limited, typically defined by a constitution that establishes the framework for governance. This concept stands in contrast to absolutism, where a single ruler holds total power without restrictions.
How to get a law overturned?
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 more power than the Supreme Court?
Congress and the Judicial Branch: Negotiation
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 Congress get rid of a Supreme Court judge?
Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate. The Constitution also provides that judges' salaries cannot be reduced while they are in office. Article III judicial salaries are not affected by geography or length of tenure.
Can Congress overturn a Supreme Court ruling?
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 Court is now divided sharply along partisan lines with justices appointed by Republican presidents taking increasingly conservative positions and those appointed by Democrats taking moderate liberal positions.
How many times has Congress overruled the Supreme Court?
Among the amendments successfully proposed by Congress, five the Eleventh, Thirteenth, Fourteenth, Sixteenth, and Twenty-sixth can be interpreted as overturning Court rulings.
Can Congress eliminate 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 .
What to do if a law is unconstitutional?
Persons may bring suits to have a law declared unconstitutional (declaratory judgement suit) if they can establish standing, by showing there is an actual dispute. Persons may not merely choose a law they think is unconstitutional and sue to have it declared unconstitutional.
Can a president go against the Constitution?
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.
What is the immediate effect if a law is declared unconstitutional?
It is reported as unlawful, and judicial review immediately declares it void and null.