Criminal Law in Action
Your text states that the judiciary has the power to interpret, apply or invalidate a law as it pertains to rights expressly created under the state or national constitution.
a. Does the Constitution explicitly provide for that authority? If so, where in the Constitution is it so provided? If not, why does the Supreme Court have the power to strike down statutes passed by Congress as unconstitutional? Should it have that power? Why or why not?
b. In 2018, U.S. Supreme Court ruled that federal ban on state-sanctioned sports betting is unconstitutional. Murphy v. NCAA, 138 S.Ct. 1461 (2018)
https://www.supremecourt.gov/o
Do you believe each State should be able to decide that betting on national sports is within their respective States rights, or do you believe that Congress can pass laws to uphold a national consensus on an important issue? Why or why not? Do you believe the Supreme Court made the right decision … why or why not?
Answer preview
Discussion A
Judicial courts play a significant role in the implementation of the constitution. The Supreme Court has the legal authority to determine the legality of a law. While Congress may find the laws they pass fair and reasonable, the supreme court has the power to declare laws passed by Congress null and void. Their judgment on the bill is based on the Constitution, that is, if a law violates the rights and freedoms provided in the constitution, then they can challenge and stop it. In the same way, state appellate courts also have the power to invalidate a law. However, district, city and county courts of law cannot decide the constitutionality of a law, but instead…
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