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can a congressional vote be challenged in court? thanks in advance. (Original Post) AllaN01Bear Jan 2022 OP
Not clear what you mean. brooklynite Jan 2022 #1
No. Separation of powers. Ocelot II Jan 2022 #2
Sure it can if it is unconstitutional MichMan Jan 2022 #3
This is why I asked the OP what is meant by "a congressional vote" brooklynite Jan 2022 #4
The question was whether a congressional vote can be challenged by a court, and it can't. Ocelot II Jan 2022 #5

MichMan

(11,900 posts)
3. Sure it can if it is unconstitutional
Wed Jan 12, 2022, 12:18 PM
Jan 2022

Congress doesn't have unlimited power to over rule the constitution

brooklynite

(94,482 posts)
4. This is why I asked the OP what is meant by "a congressional vote"
Wed Jan 12, 2022, 12:21 PM
Jan 2022

If the vote implements a law, the law can be challenged in Court.

If the vote is against cloture in a Senate debate, it can't be challenged.

Ocelot II

(115,659 posts)
5. The question was whether a congressional vote can be challenged by a court, and it can't.
Wed Jan 12, 2022, 12:23 PM
Jan 2022

Whether the result can be challenged is a different question. A court can't undo or alter a congressional vote but it can strike down an unconstitutional law that is enacted by Congress and signed by the president - if someone challenges it, giving rise to an actual case.

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