Who can overturn unconstitutional laws?
Asked by: Bertrand Rath | Last update: February 3, 2026Score: 4.7/5 (33 votes)
The U.S. Supreme Court has the ultimate authority to overturn unconstitutional laws through its power of judicial review, declaring them void; however, Congress can also effectively overturn executive actions (like executive orders) or challenge court rulings through legislation, veto overrides, or controlling funding, with the final check being the President's veto power and Congress's ability to override it, creating a system of checks and balances.
Who can overturn a law that is unconstitutional?
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
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.
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.
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.
(Unconstitutional) MASSIVE Gun Law Overturned...
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 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.
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.
Who can impeach Donald Trump?
Impeachment begins in the House of Representatives, where articles of impeachment are drawn up. These articles are then voted on by House members. Each article is voted on separately and requires a simple majority to pass. Once an article has been passed in the House, the president has been impeached.
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.
Can Congress get rid of the Supreme Court?
“No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court, period,” Justice Alito told the Wall Street Journal in 2023.
When was the last time the Supreme Court had a liberal majority?
The Warren Court was the period in the history of the Supreme Court of the United States from 1953 to 1969 when Earl Warren served as the chief justice. The Warren Court is widely regarded as the most liberal Supreme Court in U.S. history and marks the last period in which liberals held clear control of the Court.
How many Supreme Court Judges has Trump appointed?
As of January 8, 2026 the United States Senate has confirmed 261 Article III judges nominated by Trump: three associate justices of the Supreme Court of the United States, 60 judges for the United States courts of appeals, 195 judges for the United States district courts, and three judges for the United States Court of ...
Can a president override a law?
The veto power does not give the President the power to amend or alter the content of legislation—the President only has the ability to accept or reject an entire act passed by Congress. The President, however, can influence and shape legislation by a threat of a veto.
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.
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 would have to happen for Trump to be removed from office?
For impeachment to occur, a simple majority is needed in the House and for conviction/removal from office to occur a two-thirds majority is needed in the Senate.
Can the President fire the vice president?
The Constitution of the United States gives Congress the authority to remove the vice president of the United States from office in two separate proceedings. The first one takes place in the House of Representatives, which impeaches the vice president by approving articles of impeachment through a simple majority vote.
Has a U.S. president ever been successfully impeached?
No U.S. President has ever been successfully impeached and removed from office; three presidents—Andrew Johnson, Bill Clinton, and Donald Trump (twice)—were impeached by the House but acquitted by the Senate, while Richard Nixon resigned before the full House could vote, though he likely would have been impeached. Impeachment requires a simple majority vote in the House, but removal from office requires a two-thirds supermajority conviction in the Senate, a threshold that has never been met for a president.
Who can invoke the 25th Amendment to remove a president?
The Vice President and a majority of the Cabinet (or another body Congress designates) can invoke the 25th Amendment (Section 4) to declare the President unable to serve, immediately making the VP acting president; if contested by the President, Congress must then decide, with a two-thirds vote in both houses needed to keep the VP as acting president permanently.
What does the 27th Amendment actually say?
The 27th Amendment to the U.S. Constitution says that no law varying the compensation for Senators and Representatives shall take effect until an election of representatives has intervened, meaning Congress can't give itself a pay raise that takes effect immediately; they have to wait until after the next election, allowing voters to decide if they approve. It was originally proposed in 1789 by James Madison but wasn't ratified until 1992, making it the last ratified amendment, with a long history due to its lack of a time limit for ratification.
What does article 7 of the US Constitution say?
Article VII of the U.S. Constitution is about the ratification process, stating that nine of the thirteen states needed to approve it through special state conventions for the Constitution to become the law of the land, replacing the Articles of Confederation. It established the conditions for the new government to take effect and included the date the Constitution was signed (September 17, 1787).
What two actions could Congress take to undo a Supreme Court ruling?
Federal courts, including the Supreme Court, have the authority to interpret the law and the Constitution. Once a court has made a ruling, Congress cannot simply reverse that decision. Congress can respond to court decisions by passing new legislation or amending existing laws.
Why is Article 137 of the Constitution important?
Article 137 of the Constitution permits the Supreme Court to review its own judgment or order.
Is Article 32 a fundamental right?
(4)The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. Editorial Comment - Article 32 of the Indian Constitution is a fundamental right that guarantees the right to constitutional remedies.