when can a law be declared null and void by a court?
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If somebody who is impacted by a law brings a case in federal court alleging that the law is unconstitutional, then the Supreme Court of the United States (SCOTUS) can find in their favor and overturn the law, in part or in full.
SCOTUS cannot proactively go out and decide to overturn a law without a test case, no matter how flagrantly unconstitutional it might be.
In some cases, SCOTUS has been known to find that the party bringing the suit had no standing to sue (wasn’t properly impacted), and avoid making any statement on the merits of the case.
As to what might make a law unconstitutional, I will leave that to lawyers
SCOTUS cannot proactively go out and decide to overturn a law without a test case, no matter how flagrantly unconstitutional it might be.
In some cases, SCOTUS has been known to find that the party bringing the suit had no standing to sue (wasn’t properly impacted), and avoid making any statement on the merits of the case.
As to what might make a law unconstitutional, I will leave that to lawyers
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1.If it is contradictory to a standing Constitutional law. Also, previous court rulings stand as precedents.
2.If cases arise about laws which counter previously set precedents, courts may rule those laws unconstitutional or null and void.
3.Some laws are a bit murkier, and the courts need to make a decision regarding its constitutionality.
4.But when it comes to laws that are in clear violation, it would seem the government doesn't really have the responsibility to defend the law in court (or even enforce the law) as the law is already null and void.
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