When The Us Supreme Court Issues A Decision Does It Become Law?

Sometimes state legislatures and the United States Congress pass laws that get challenged constitutionally. Often, only part of the law is challenged as legislative bills tend to have different provisions in them. Some of these provisions are unrelated to others even though they are in the same bill.

How is a Law Found Unconstitutional?

State laws like federal laws are drafted, introduced, debated, and passed by the legislature. The bill is then presented to the executive, usually the Governor, and then signed into law. When someone is accused of acting against that law, they can be charged by a prosecutor and a subsequent trial may result. If the accused is guilty, the case can be appealed, the law challenged, and the case will go through state courts and lower federal courts if the accused chooses to do so. If those courts rule to uphold the law, the case can still be appealed to the US Supreme Court. If the high court decides to hear the case, it will adjudicate it and come to a decision whether it is valid law. If the court finds the law unconstitutional or the provision that the accused was charged with unconstitutional, the case is rejected, and it becomes null and void. The accused is then acquitted, and the law or provision is struck down.

What Happens to a Law That is Found Unconstitutional By the US Supreme Court?

Technically, the law remains on the books but is designated as “struck down,” and no person or entity can be prosecuted under it. If only part of the law is “struck down,” the remainder of the law is still valid. Sometimes, laws are challenged before are enforced, like parts of the recent health care legislation requiring individuals to purchase insurance. The act of the Supreme Court finding a law unconstitutional is called Judicial Review.
If the law is upheld by the US Supreme Court, it becomes a law.

When The Us Supreme Court Issues A Decision Does It Become Law?

Related posts:

Leave a Reply