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Subjects>Law & Government>United States Government

A constitutional amendment can overturn a supreme court decision?

Anonymous

∙ 13y ago

Updated: 12/11/2022

The Supreme Courts job is to interpret and uphold the laws of today based on their knowledge of the constitution.

They would not be able to decide anything directly violating the constitution, but they do have their own interpretation of what it says.

Knowing this, it is possibly that the amendments could overturn their decision, although it is extremely unlikely that it would.

Wiki User

∙ 12y ago

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∙ 13y ago

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Q: A constitutional amendment can overturn a supreme court decision?

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Related Questions

Can a legislature overturn a supreme court decision holding a particular statute unconstitutional?

No it can't. The only way to overturn a supreme court decision is either another supreme court decision, or a constitutional amendment.

Should Congress be permitted to overturn a US Supreme Court's decision by drafting a piece of legislation contrary to the Court's decision?

Sometimes. If the Supreme Court decision interprets a statute or common law, it can be overturned by a legislative statute to the contrary. However, if the Supreme Court decision is interpreting constitutional law, a constitutional amendment would be required to overturn the decision.

Which amendment was NOT added to overturn a Supreme Court decision?

The Eighteenth Amendment, which established Prohibition, was not added to overturn a Supreme Court decision. It was added to the Constitution to ban the manufacture, sale, and transportation of alcoholic beverages.

Can a us president overturn a supreme court amendment?

A U. S. president cannot reverse a U. S. Supreme Court decision or the decision of the Supreme Court of any state or territory.

After the Supreme Court decision in Pollock v. Farmers' Loan and Trust Progressives sought to create a federal income tax by?

After the Supreme Court decision in Pollock v. Farmers' Loan and Trust, Progressives sought to create a federal income tax by Constitutional amendment.

Was the abolition of slavery a US Supreme Court decision?

No. Slavery was abolished by the Thirteenth Amendment to the Constitution in a joint effort between Congress and the states that ratified the amendment. A constitutional amendment is more powerful than a US Supreme Court decision, because it is not subject to change by the Supreme Court.

How can supreme court decisions be overthrown?

Court decisions can be overturned by higher courts, with the highest being the Supreme Court. Once the Supreme Court has issued a ruling, it can only be overturned by another Supreme Court ruling if the court agrees to hear that case or a similar case again. It is also possible for Congress to pass a law or constitutional amendment (with the help of the states, which must ratify any amendment), which can effectively overturn a Supreme Court decision by altering the law on which the decision was based.

What are the possibilities of reviving a case if the American Supreme Court and decision is not satisfactory?

The Supreme Court's decision is final, it cannot be "revived" and reheard. However a constitutional amendment that changes the relevant parts of the Constitution would supersede the Supreme Court's decision.

What was the verdict of the 1925 monkey trial?

The verdict was only a formality. Scopes was fined $100. The Supreme Court did overturn the decision, but did so on a technicality instead of constitutional basis.

When has a state Supreme Court overturned the US Supreme Court?

The US Supreme Court has the authority to overturn a precedent in any case under their review, if they feel the precedent no longer applies to current social and legal circumstances. They can also ignore precedents if they feel a case creates an exception to the rule, for whatever reason.

How can a decision of the supreme court get reversed?

Yes, you either need Congress to change the law(and if their law was declared unconstitutional they need to change the original law to make it constitutional.) And if Congress doesn't want to change the law they need to propose an amendment addition to the Constitution. The Supreme Court can overturn its own decisions. For example, Plessy vs Ferguson was overturned by Brown vs The Board of Education.

What the supreme court decision in Pollock v. farmers' loan and trust progressives sought to create a federal income tax by?

A constitutional amendment.

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