Anaya Nolan
In the United States, a law can be overturned by a higher court if it disagrees with a decision made by a lower court. This can occur when a higher court finds that a lower court did not properly interpret or apply a law or constitutional provision. Citizens can also petition Congress for a new or amended law, which, if passed, can overturn an existing law. In the case of the US Supreme Court, the only way to overturn its ruling is to pass a constitutional amendment, as was the case with the Dred Scott decision, which was overturned by the 13th Amendment.
| Characteristics | Values |
|---|---|
| Who can overturn a law? | A higher court can overturn a lower court's decision. State supreme courts and the U.S. Supreme Court can overturn precedent. Congress can override a presidential veto on a bill. |
| When can a law be overturned? | When a lower court has not properly applied or interpreted a law or constitutional provision. When a law conflicts with a higher form of law. When a court decision is based on common law and Congress passes a statute, or when a decision is based on statute and an amendment is passed. |
| How can a law be overturned? | Through a ballot initiative or a constitutional amendment. |
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What You'll Learn
Supreme courts can overturn precedent
In the United States, the U.S. Supreme Court is the highest authority with regard to stare decisis, meaning that previous court decisions guide decision-making in new cases. While U.S. Supreme Court justices have generally deferred to precedent, there have been notable exceptions. For instance, in Hammer v Dagenhart (1918), the justices ruled in favour of a business owner, invalidating a federal law and upholding North Carolina's right to set its own child labour laws. Decades later, in United States v Darby (1941), the justices openly questioned the rationale of the 1918 Court.
Supreme courts may also overturn precedent by reaffirming older interpretations of the law. Justices may argue that a previous doctrine was unworkable in the context of a new case, or that significant social changes have occurred since the original precedent was established. For example, in Dobbs v. Jackson Women's Health Organization (2022), the justices ruled to overturn Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, rejecting the legal precedent set by these previous cases.
The overruling of precedent by supreme courts can be controversial. Critics of strict adherence to stare decisis argue that when a precedent conflicts with the Constitution, justices should follow the Constitution and overrule incorrect precedents. However, others argue that the Court's legitimacy may be undermined by its willingness to overturn precedent. For example, in the wake of a series of controversial rulings, Chief Justice John Roberts noted that "precedent plays an important role in promoting stability and evenhandedness".
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Congress can override presidential vetoes
In the United States, the President has the authority to veto legislation passed by Congress, as outlined in Article I, Section 7 of the Constitution. This power allows the President to prevent the passage of legislation, even before the bill is presented to them. The President has two types of vetoes at their disposal: the "regular veto" and the "pocket veto."
The regular veto is a qualified negative veto, where the President returns unsigned legislation to Congress within ten days, typically accompanied by a memorandum of disapproval or a "veto message." However, Congress can override a regular veto if it gathers a two-thirds majority vote in both houses, effectively passing the law despite the President's objections.
The pocket veto, on the other hand, occurs when Congress adjourns before the ten-day period expires, preventing the return of the bill. The term ""adjournment" has been a point of contention between Congress and the President, with the Legislative Branch asserting that the Executive Branch can only use the pocket veto when Congress has adjourned sine die from a session. Pocket vetoes cannot be overridden, and if Congress still desires the legislation, a new bill must be introduced.
Throughout history, there have been instances where Congress successfully overturned presidential vetoes. For example, on October 27, 1919, Congress overrode the President's veto of the Volstead Act. Similarly, on December 14, 1916, Congress passed the Immigration Act of 1917 despite the President's initial veto.
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State and federal courts can overrule common law
In the United States, the US Supreme Court is the highest authority regarding stare decisis, meaning that previous court decisions guide decision-making in new cases. State supreme courts also set precedents and resolve conflicting interpretations of state laws. Supreme courts can overturn precedent if a previous doctrine was unworkable in the context of a new case, if significant social changes have occurred since the precedent was established, or if the precedent violated an earlier precedent.
At the federal level, there is a limited body of federal common law—rules created and applied by federal courts in the absence of any controlling federal statute. In the 2020 Supreme Court opinion Rodriguez v. FDIC, the Court struck down a federal common law rule addressing the distribution of corporate tax refunds, explaining that federal "common lawmaking must be 'necessary to protect uniquely federal interests'".
While federal courts generally follow the principle of comity, which allows state courts to perform their functions separately, there are some circumstances in which federal courts can overrule state courts. Federal courts may exercise jurisdiction if applicable state law is unclear and a state court's interpretation of the state law might make resolving a federal constitutional issue unnecessary. Federal courts may also be required to use certification procedures to refer unsettled questions of state law to state courts.
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A referendum can overturn a law
A referendum can be a powerful tool for citizens to overturn a law or legislation that they oppose. In the United States, there are various forms of direct democracy, including initiatives and referendums, that allow citizens to have a direct say in the creation or repeal of laws.
One such method is the legislative referral, or legislative referendum, where the legislature puts proposed legislation up for a popular vote. This can be done voluntarily or, in the case of a constitutional amendment, as an obligatory part of the procedure. With the exception of Delaware, 49 US states allow legislatively referred state constitutional amendments.
Another form of referendum is the veto referendum, or citizen's veto, where citizens can gather a predetermined number of signatures to qualify a ballot measure for voting on repealing a specific state law. This process is available in some states, such as Washington, D.C., and Mississippi, and allows citizens to have a direct impact on the laws that govern them.
Additionally, citizens can also propose and vote on constitutional amendments directly without the need for legislative referral. This is known as an initiated constitutional amendment and can be achieved through citizen petitioning. When a sufficient number of citizens have signed a petition, the proposed amendment is then put to a vote. However, it's important to note that these amendments may be overturned if they are challenged and a court confirms that they are unconstitutional.
Overall, the referendum process provides a mechanism for citizens to overturn laws or propose new ones, giving them a direct voice in the democratic process and allowing them to shape the legal landscape of their communities.
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A court can overturn a lower court's decision
In the United States, a higher court can overturn a lower court's decision if it finds that the lower court did not properly interpret or apply a law or constitutional provision. This is based on the principle of stare decisis, which means that previous court decisions guide decision-making in new cases. The U.S. Supreme Court is the highest authority in this regard.
When a lower court's decision is overturned, it is typically because the higher court finds that the lower court made an error in interpreting the law or applying it to the facts of the case. In some cases, a higher court may also overturn its own precedent, or the precedent set by another court, if it finds that the previous decision is no longer workable or relevant due to significant social changes.
For example, if a lower court interprets a law in a way that is inconsistent with the text of the law or the intent of the legislature, a higher court may overturn that interpretation. Similarly, if a lower court applies a law in a way that violates the constitutional rights of a party, a higher court can overturn that decision.
The process of overturning a lower court's decision typically begins with the appealing party filing a petition for a writ of certiorari, which is a formal request for the higher court to review the lower court's decision. If the higher court agrees to hear the case, the lower court will provide a record of all prior proceedings. The higher court will then review the lower court's interpretation and application of the law and make a decision accordingly.
It's important to note that the power to overturn a lower court's decision is an essential part of the appellate process and helps ensure that laws are interpreted and applied consistently and correctly. This process also allows for the development of precedent, which provides guidance for future cases and contributes to the evolution of the legal system.
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Frequently asked questions
To overturn a law means to disagree with a decision made by a lower court.
A higher court can overturn a lower court's decision if it finds that the lower court did not properly interpret or apply a law or constitutional provision. In the US, the US Supreme Court is the highest authority.
The court must decide whether the plaintiff is harmed due to the law, and if so, whether the harm is permissible. The harm must implicate a protected issue, such as freedom of speech, due process, or the right against self-incrimination.
Yes, opponents of a law may initiate a referendum, ballot initiative, or constitutional amendment to overturn it.
