What is the final authority to determine whether a law is?
Asked by: Shawn Hoppe | Last update: February 16, 2026Score: 4.8/5 (31 votes)
The U.S. Supreme Court is the final authority for determining if a law is constitutional, a power known as judicial review, meaning it can strike down federal or state laws that violate the Constitution, serving as the ultimate interpreter of the law and ensuring equal justice. While Congress makes laws and the President enforces them, the Judiciary, led by the Supreme Court, decides their legality, setting binding precedents for all other courts and government bodies.
Who has the final authority to determine whether 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. The Court established this doctrine in the case of Marbury v. Madison (1803).
Who has the final authority in government?
The Judicial part of our federal government includes the Supreme Court and 9 Justices. They are special judges who interpret laws according to the Constitution. These justices only hear cases that pertain to issues related to the Constitution. They are the highest court in our country.
Which court has final authority?
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law.
Has final authority say over the laws?
As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution. The Supreme Court is "distinctly American in concept and function," as Chief Justice Charles Evans Hughes observed.
The Rule of Law as the Rule of Common Right and Reason
How to determine if a law is constitutional?
In assessing the constitutionality of state laws, state courts will generally consider several factors, including the importance of the right, how severely the law restricts that right, and the government's reasons for intruding on that right.
Who can overturn unconstitutional laws?
The Justices of the Supreme Court, nominated by the president and confirmed by the Senate, can overturn 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 highest authority in the USA?
The President is both the head of state and head of government of the United States of America, and Commander-in-Chief of the armed forces. Under Article II of the Constitution, the President is responsible for the execution and enforcement of the laws created by Congress.
Who is the final authority on legal questions in the United States?
United States Supreme Court decisions are the final authority on a legal issue. A litigant cannot appeal to anyone higher. Although a Supreme Court decision is the final word, there have been many instances in our country's history where the Court has revisited a particular issue and changed its prior ruling.
Who holds the ultimate authority in the United States?
“The executive power shall be vested in a President of the United States of America.” U.S. Const. art. II, § 1. This clause vests executive authority in a single individual.
What does the 14th Amendment say?
The 14th Amendment defines U.S. citizenship (birthright citizenship), guarantees all citizens "equal protection of the laws," and ensures states can't deprive anyone of "life, liberty, or property, without due process of law," incorporating fundamental rights against states, and also disqualifies rebels from office. It was crucial for civil rights, extending federal protections to formerly enslaved people and ensuring equality under the law.
What is the Article 4 Section 4?
Section 4 Republican Form of Government
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Who has the final say in America?
The Judicial Branch (The Courts)
This power of having “the final say” is called judicial review. Federal judges, including U.S. Supreme Court justices, are appointed by the president and must be confirmed by the Senate.
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.
What is the Article 1 Section 2 Clause 3?
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, ...
Who can override the president of the USA?
While no single person can "overrule" the President, Congress (by overriding vetoes or passing legislation), the Judiciary (by striking down unconstitutional actions), the Vice President and Cabinet (under the 25th Amendment for disability), and even the next President (by reversing executive orders) can significantly limit or overturn presidential authority through checks and balances.
Who has the real power in the United States?
Under the U.S. Constitution, the power of the U.S. federal government is shared between its executive, legislative, and judicial branches, state governments, and the people.
What is the highest legal authority in the United States?
The Supreme Court of the United States is the highest court in the American judicial system, and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal 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.
Who can remove the judge from the Supreme Court?
Only the U.S. Congress, through the impeachment process, can remove a U.S. Supreme Court Justice, requiring the House of Representatives to impeach (majority vote) and the Senate to convict (two-thirds vote) for "Treason, Bribery, or other high Crimes and Misdemeanors," granting them lifetime appointments ("good behavior").
What is the President not allowed to do?
A PRESIDENT CANNOT . . .
declare war. decide how federal money will be spent. interpret laws. choose Cabinet members or Supreme Court Justices without Senate approval.
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.
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.
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.