What can the US Supreme Court change if it is unconstitutional?

Answer 1

Congress can attempt to rewrite the law so that it conforms with the Supreme Court's interpretation of the Constitution; or, they can abandon an ill-conceived law; or, they can attempt to work with the states to amend the Constitution (the least likely and most time-consuming solution). Congress cannot nullify the Supreme Court decision, however.

In most cases, they either rewrite or abandon the legislation.

judicial review (GradPoint)

Answer 2

The US Supreme Court can nullify state and federal laws and acts of the President or Executive Orders, but only ifthe law, order or action is part of a case under their review. They have no control over laws that aren't related to a specific case or controversy.

Contrary to popular belief, the Supreme Court cannot change constitutional amendments. The Supreme Court is bound by the Constitution and must justify all decisions in terms of constitutionality. This sometimes results in opinions containing somewhat convoluted logic.

Answer 3

There are only two ways to change a US Supreme Court decision:

1. The US Supreme Court can change any current or prior decisions.
2. Through a constitutional amendment

Answer 4

If the law is relevant to a case or controversy before the Court, they can nullify any enacted law they find unconstitutional. They can't do anything about laws they believe unconstitutional unless someone challenges the law or something legitimately related to that law.

Answer 5

The US Supreme Court determines what is and is not constitutional, not Congress.

If the Supreme Court makes a decision Congress opposes, they can write legislation to circumvent the decision, modify current legislation to comply with the letter of the ruling, or attempt to initiate a new constitutional amendment to overrule the decision (unlikely).

Although they are not supposed to, Congress may thwart the Supreme Court by failing to pass legislation supporting the Court's decision.

Answer 6

The Supreme Court can declare a number of things unconstitutional, as long as the it involves an issue relevant to a case before the Court:

• Federal law
• State or municipal law
• State constitutional provisions
• A particular application of an otherwise constitutional federal law
• A particular application of an otherwise constitutional state law
• Government policies (includes schools, etc).
• US Treaties
• Executive Orders
• Corporate policies or acts of corporate entities or people acting as agents of those entities.
• Certain military actions or policies
• Any action or policy of any entity, if it is repugnant to the Constitution.

Answer 7

The President cannot veto Supreme Court decisions, and has no official recourse to change decisions he (or she) dislikes. The President may exhort Congress to rewrite a nullified law to address whatever has been deemed unconstitutional.

Sometimes the Executive branch ignores a Supreme Court decision or is slow to respond effectively, but this defeats the system of checks and balances.