What happens if the law passed is unconstitutional?
Once a statute is decreed unconstitutional by the Supreme Court, that statute must be considered objectively unconstitutional by state legislatures. Passing a law to the contrary, therefore, would violate a state oath of office to support and defend the Constitution of the United States.
Who has the power to determine if a law is unconstitutional?
The judicial branch
The judicial branch interprets laws and determines if a law is unconstitutional. The judicial branch includes the U.S. Supreme Court and lower federal courts. There are nine justices on the Supreme Court.
What are the rules of president?
A PRESIDENT CAN . . .
- make treaties with the approval of the Senate.
- veto bills and sign bills.
- represent our nation in talks with foreign countries.
- enforce the laws that Congress passes.
- act as Commander-in-Chief during a war.
- call out troops to protect our nation against an attack.
Does federal laws override state laws?
See Preemption; constitutional clauses. Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
Who has the power to propose amendments to the U.S. Constitution?
the Congress
Amendments may be proposed either by the Congress, through a joint resolution passed by a two-thirds vote, or by a convention called by Congress in response to applications from two-thirds of the state legislatures.
Can the president decide the constitutionality of laws?
1. The President’s office and authority are created and bounded by the Constitution; he is required to act within its terms. In such cases, the President can and should exercise his independent judgment to determine whether the statute is constitutional.