can call special sessions of congress
by declaring an act of congress to be unconstitutional
The Judicial Branch had this power. The process in which this branch declare laws constitutional or unconstitutional is called the Judicial Review
The Judicial Branch can declare an act of the President unconstitutional.
The Judicial Branch, which is lead by the US Supreme Court, checks the power of the Legislative Branch through the use of what is called Judicial Review. This allows the Judicial Branch to decide if a law that Congress passed is constitutional or unconstitutional. Further, it allows the Judicial Branch to "define" that law by answering questions about it that are not spoken to directly in the regulation itself.This power is not unlimited, however. No court can consider the constitutionality of a law unless the law is a relevant part of a "case or controversy" before the court.Chief Justice John Marshall clearly affirmed the Court's right of judicial review in the case Marbury v. Madison, (1803), when the Court declared Section 13 of the Judicial Act of 1789 unconstitutional.
Both the Judicial and Legislative branch can check the Executive branch. The Judicial branch has the power of judicial review and can declare any act of the Executive branch to be unconstitutional and therefore void. The Legislative branch has a number of checks on the Exectuive branch. The President, the head of the Executive Branch, can appoint federal judges but the Senate must approve.
Judiciary Act of 1789
The federal Judicial Branch, consisting of the US District Courts, the US Court of International Trade, the US Court of Appeals Circuit Courts and the US Supreme Court can declare acts of Congress unconstitutional, but only if the act has already been signed into law and is relevant to a case before the court.The US Supreme Court is head of the Judicial Branch and is the ultimate authority on constitutionality.
Yes. Congress established the Judicial Branch when it passed the Judiciary Act of 1789 on September 24, 1789.
The Judicial branch
The executive branch and the judicial branch came into conflict over the Indian Removal Act. Congress passed the act in 1830.
Judiciary Act of 1789.
The Executive Branch (or, in particular, the president) appoints the Supreme Court Justices to their position. For the Legislative Branch: If the Supreme Court were to rule some act as "unconstitutional", the Legislature has the ability to create an amendment to the constitution.