In a democratic government like the US, does the legislative have the power to overturn judiciary's decision?

Question

I am talking about reversing the decision of the supreme court..

If there is... could anyone site provisions...

Answer 1

First of all, the United States is not a democracy, it is a constitutional republic. There is a very distinct difference. If we were a democracy than yes, the people could overrule the courts by a majority vote. Since we are not a democracy, this cannot be done. Our Constitution clearly separates the powers of the three branches of government. It is the legislative branch's power to make laws. It is the executive branch's power to enforce laws. It is the judicial branch's power to interpret laws and make sure that enforcement is consistent. If the Supreme Court deems a law or action to be unconstitutional (inconsistent with the Constitution of the United States) or inconsistent with previously set precedent, the legislative branch has no power to override that decision. Only by Constitutional amendment, a very difficult process, can this actually be accomplished.

Answer 2

I think a court ruling can only be overturned by a higher court, but some states are trying to develop a similar power...but that seems to directly violate the separation of powers. The Supreme Court has the final say on the constitutionality of any issue. Nothing can overturn a supreme court ruling, as far as I am aware. A good (or infamous?) example would be the Supreme Court decision to halt the recounting of votes in Florida in 2000. Hence the effort the current Administration put into finding good loyal conservative candidates for the Supreme Court: they serve for life, and have a great opportunity to affect how the constitution is interpreted.

Answer 3

They cannot overturn a decision directly. They can rewrite and pass a law similar to try to get around the decision. Recent case is the Hamdan Decision where congress had to allow military tribunals for enemy combantants held at Guantanamo.

Other ways to overturn a supreme court decision is through constitutional amendment, or subsequent supreme court decision. Both are extremely rare.

Answer 4

Not without a constitutional amendment...and that's a difficult process. But, the Supreme Court can rule a law passed by the legislature as unconstitutional.

Answer 5

If the supreme court rules that a law is unconstitutional, the legislative branch can attempt to rewrite the law in a way that would make pass constitutional muster. If that can't be done then they can attempt to amend the constitution.

Answer 6

Only through an Amendment to the Constitution of the United States, which must be passed by two-thirds of both houses (290 in the House, 67 in the Senate), and then by majorities of three-fourths (38) of the State legislatures. It's only happened 27 times out of over 1,000 attempts, so it's pretty hard. The American people, through their federal and State legislatures, do not amend their Constitution lightly.

Answer 7

i dont know what exactly you mean but here goes

the legislation writes the laws the judical interpretes the laws and the executive enforces the laws.

so the legislation can only change a supreme court ruling by changing the law it was based off of even then the ruling would still stand because of the grandfather clause

Answer 8

Only by Constitutional amendment.