The Supreme Court is the superior court in a nation and its ruling in matters can be deemed incontestable. There are various ways in which Congress is able to enact a change in a supreme court’s decision.
Who can overturn a Supreme Court decision?
A Supreme Court decision is regarded as the highest form of the judicial system and it is hard to overturn but not impossible. States can overturn a Supreme Court decision by amending the constitution. This requires three-quarters approval of the state legislatures. The Supreme Court can overturn its past decisions. This happens when cases related are reviewed and decisions weighed out [Source].
Can the President overturn a Supreme Court decision?
A supreme court makes decisions based on constitutional grounds. These decisions are virtually final. They can only be altered if the constitution is amended, through reviews of previous decisions or by a new ruling of the supreme court. Thus, the president cannot directly overturn a supreme court decision [Source], but he or she can push for a review of certain laws.
Can Congress override the Supreme Court with a 2/3 vote?
Congress can override the supreme court by passing new legislation [Source]. If a supreme decision is made on constitutional grounds, Congress can amend the constitution to influence the Supreme Court’s decision.
How can Congress get around a Court ruling?
Congress is able to get around a court ruling in various ways. A Congress can amend the constitution and this will affect a court ruling. Another way involves making new laws around court ruling and this will have an effect on Federal law which is not based on the constitution. Congress is also able to decrease or increase the number of Justices. They can select those who might share the same sentiments of laws with Congress or remove those who oppose. Congress has the power to approve and impeach Justices for incompetence or misconduct. [Source], This directly influences a court ruling.
The Intent of the Constitution
The intent of the Constitution entails the “notion that the judiciary should interpret the Constitution (including its amendments) by the understanding of its framers.” [Source]. The intention of people who “ratified the Constitution” ought to be considered when people, especially judicial officials, are interpreting the constitution.
The intent of the Constitution is to set up or constitute the institutions of the national government. This is done by dividing and allocating power, serving as a gag rule, restraining the passions of the moment. It is a framework for private ordering, serves as a system of intergenerational lawmaking, promotes the rule of law, promotes democracy, shows certainty from getting things in writing, and leads to good consequences. [Source].
The importance of the Legislative Branch
The legislative branch is made up of the “House and Senate, known collectively as the Congress”. Congress is vital in making all laws in a nation and has the authority to declare war on behalf of the whole nation. It also regulates interstate and promotes co-existence and controls foreign commerce. The legislative branch controls taxing within a country and has authority over spending policies. [Source]. It can reject presidential appointments deemed unfit.
Supremacy Clause
Article VI, Paragraph 2 of the US Constitution is “commonly referred to as the Supremacy Clause”. This clause “establishes that the federal constitution, and the federal law generally, take precedence over state laws, and even state constitutions.” [Source]. The Supremacy Clause is necessary for preventing state governments from passing laws that interfere with federal laws or their exercises, and also denies any organization to enforce laws that are against the constitution. The ‘supremacy’ element is seen as federal laws being prioritized over conflicting state laws.
Article III, Section 2
Article III, Section 2 “The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed” [Source].
This section explains the jurisdiction of the federal courts, jurisdiction is the “power of a court to hear a case. This section tells us what kinds of cases the Supreme Court and other federal courts will hear. All cases that arise under the Constitution, the laws of the United States or its treaties” [Source].
