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The President has the enumerated power to make treaties, which are U.S. laws. Two-thirds of the Senate must consent. Note that consent from both houses of the legislature is not required, and also that the judicial branch gives significant deference to the Executive Branch when interpreting laws regarding foreign policy because it is a power enumerated to the Executive. Also note, the several executive departments, such as EPA and Homeland Security, make code which is effectively law because the Legislature delegates such authority to the Executive.

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15y ago
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14y ago

No. Article III of the Constitution assigns that authority to the Judicial branch of government, of which the Supreme Court is the head. The Executive branch is responsible for enforcing laws.

Article III

Section 1: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

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12y ago

The Constitutional mandate of the executive branch is to execute and enforce the laws, while the mandate of the judicial branch is to "say what the law is"; that is, it can declare a "law" or part thereof unconstitutional. In the U.S., the federal government appoints the Solicitor General to advocate for the executive branch in federal court.

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13y ago

No. The President can express a personal opinion that a law is unconstitutional, but he (or she) lacks authority to make an official judgment. The Judicial Branch is responsible for determining the constitutionality of laws; the US Supreme Court is the highest authority on the subject.

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8y ago

The answer you are likely looking for is: "NO. The US Supreme Court declares laws unconstitutional." However, this oversimplifies the nature of the US Government.

Presidents have from time to time argued that various laws are unconstitutional and, therefore, they will not execute them. This is not terribly common and can be opposed by the US Congress by forcing a suit in the US Supreme Court, but it is possible. Far more common is the US Supreme Court using a particular lawsuit to determine whether laws are constitutional and declare when laws are unconstitutional. There is no recourse to a Supreme Court declaration of unconstitutionality except (1) a later Supreme Court declaration that the law is constitutional or (2) a constitutional amendment.

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14y ago

no. only the judicial branch has this authority.

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12y ago

The judicial branch is in charge of making sure laws are constitutional

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11y ago

The executive branch

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11y ago

Yes.

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Q: Can the President decide if a law is unconstitutional?
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Related questions

What is the name of their power to cancel out decisions?

Veto


Can the law challenged as unconstitutional be overridden?

Yes because the legislative branch can overthrow the veto of the president. The only reason why the president would veto a bill is if it unconstitutional.


Can The Supreme Court have the power to decide if laws are unconstitutional can the president overturn its decision with veto power?

No


Can the US Supreme Court overturn a law that was approved by the President?

The Supreme Court is the head of the judicial branch of the government and has the responsibility to enforce the Constitution. If legislation is found to be unconstitutional then it is overturned.


How does the judges decide if something is unconstitutional?

The Supreme Court has the unwritten policy of judicial review. This means that they can check amendments and bills that the other two branches of the federal government suggest. If a law seems to be unconstitutional, and not written in the constitution, the Supreme Court can decide it is unconstitutional.


According to the Kentucky and Virginia resolves a law of congress could be declared unconstitutional by?

the president


Who has the authority whether a law is acceptable or not?

The legislature decides whether a bill is acceptable to become a law when they decide whether or not to make it. In the process of becoming a law, the president or governor of the state has the option to veto a bill. Once it is law, judges can refuse to enforce it, and if it is unconstitutional the State or US Supreme Court can nullify it.


Can you give me a sentence for abrogate?

The Supreme Court can abrogate a law if they decide that the law is unconstitutional.


What can a person do if they think a bill is passed by congress and signed by the president is unconstitutional?

You can file in federal court to protect yourself from enforcement of a unconstitutional law. If you lose, you can appeal and if you win enough appeals, the case may get to the Supreme Court which can declare that the law is unconstitutional.


What allows the Supreme Court to declare a law passed by Congress or the president as unconstitutional.?

yo ma


Judicial review gives the supreme court the power to?

Determine whether a president's actions violate the constitution.


Who has the ability to veto unsatisfactory bills from congress?

President or Supreme Court can find it unconstitutional.