2007-02-12 12:19:02 · 5 answers · asked by gc1568 1 in Politics & Government ➔ Law & Ethics
The Constitution was interpreted, in 1819, as giving the Supreme Court the power to invalidate any state actions that interfere with the Constitution and the laws and treaties passed pursuant to it. That power is not itself explicitly set out in the Constitution but was declared to exist by the Supreme Court in the decision of McCulloch v. Maryland
http://www.law.cornell.edu/wex/index.php/Constitutional_law#constitutional_law:_an_overview
2007-02-12 12:25:53 · answer #1 · answered by chumpchange 6 · 0⤊ 0⤋
Sure, happens a lot. Then it's up to the Legislature to either 1) Change to law to bring it into compliance with the constitution or 2) Try to pass a constitutional amendment.
2007-02-12 20:22:47 · answer #2 · answered by obamaforprez 2 · 0⤊ 0⤋
Yes, with the supreme court having final say on the matter.
2007-02-12 20:22:58 · answer #3 · answered by oklatom 7 · 0⤊ 0⤋
Yes, that is why we have the US Supreme Court and other similar courts at the federal and state levels!
2007-02-12 20:29:17 · answer #4 · answered by Ariel 128 5 · 0⤊ 0⤋
Yes, and they have. Proposition 187 in California is a prime example.
2007-02-12 20:22:21 · answer #5 · answered by meathookcook 6 · 0⤊ 0⤋