Question:

Can the president veto or change a decision of the supreme court?

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i am thinking of the recent decision granting( writ of habeas corpus) for terrorists at guantanamo bay.

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6 ANSWERS


  1. Nope, they sure can't. The most they can do is ignore it, and then it's up to the other branches of government to enforce the decision.


  2. No, he can not, however Congress may pass a Constitutional Amendment excluding the Courts from acting in an area. They did that over suing the government, which is the 11th amendment. By the way all the Court's decision said was that a terrorist may ask a court to hear a case. Asking DOES NOT ENSURE that the court will accept the case

                      

                           Hope that helps

                              packers.

  3. no, the surpreme court is the only branch of the government that does not have a check from the other two branches. however the spreme court can veto or change something that congress or the presidant made.

  4. Absolutely not, thank god.

  5. No - the Supreme Court has precedence in matters of legal interpretations of the Constitution and national law.

    Otherwise - the President could say "I don't care what you say - I'll just do something unconstitutional"

    Of course - if he falsifies the data, you can get away with a lot.

  6. Checks and Balances prevent things like this from happening.   The C&B over the Supreme Court is that the president can appoint judges who serve for life and the Congress has to approve them before they can serve.  If they get out of line, they can be impeached by the House of Representatives and convicted by the Senate.

    The Supreme Court has the ultimate decision over the constituionality of any law; although, they may not act unless a Writ of Certiorari is presented to them.   They cannot choose any topic they decide needs their attention.  It has to be brought before them.   Neither the president nor the Congress can prevent an issue being brought before the SC.

    The SC actually only hears a very, very small percentage of cases brought before them.  They review all the writs and decide if they want to hear it, if they think there is an issue in which the constitutionality is in question or that they want to make policy on.

    There is no veto power over decisions of the SC.  The SC is, however, subject to public opinion.  In 1858 the Dred Scott v. Sanford case, the SC found that blacks were not citizens of the U.S. even if they were born here.  There was considerable pressure around this case, and while they may have used the Constitution to justify their decisions, some judges came from slave states and others came from free states.  They voted along ideological lines.  They found the Civil Rights Act of 1875 unconstitutional because people who opposed reconstruction found it to be a violation of personal freedom.   By finding this law unconstitutional, private businesses could continue to discriminate against blacks and deny them access to their businesses.

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