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Any Article III (constitutional) federal court in the Judicial Branch of government may declare a law or executive order unconstitutional under the doctrine of judicial review, but only if the law is relevant to a case or controversy before the court.
Because Executive Orders and Federal Laws are important, any decision overturning a one or the other as unconstitutional would probably (not definitely) be appealed to The US Supreme Court. The Supreme Court is the final arbiter of constitutionality, and may overturn the lower court's decision on appeal.
Judicial Branch
- US District Courts
- US Court of International Trade
- US Court of Appeals Circuit Courts
- Supreme Court of the United States
Wiki User
∙ 12y ago
Wiki User
∙ 13y agoThe Supreme Court, as the head of the judicial branch, determines whether actions of the executive branch are constitutional. They do this by looking at the US Constitution, applying the facts of the executive branch's actions to the constitution and by reviewing past Supreme Court decisions on cases with similar facts and issues.
Wiki User
∙ 9y agoOnly the judicial branch of the US government can declare executive orders or actions unconstitutional. Any federal court can make this declaration.
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Who can rule that laws written by Congress are unconstitutional?
Supreme Court
What does the king reigns but does not rule mean?
It means that the monarch acts on the advice of his ministers as regards the executive and as regards the legislative, will not veto a law passed after due parliamentary process.( Cannot make laws, or pass laws.)
Does Congress have the expressed power to declare laws unconstitutional?
Congress cannot declare laws unconstitutional. The Judiciary Branch may declare a law unconstitutional only if it conflicts with some provision of the State or Federal Constitution. The Supreme Court can rule a law to be unconstitutional, but Congress, along with the States, can only amend the Constitution.
How does the judicial branch check the excutive branch?
The judicial branch has the authority to rule that actions of the other branches are unconstitutional. For instance Abraham Lincoln suspended Habeas by presidential order, later by congressional action; the US Supreme Court ruled that both were unconstitutional.
Do State laws in Virginia over rule Church bylaws in a court of law?
unless the state law is declared unconstitutional the answer is yes.
Who can rule that federal laws are unconstitutional?
(Supreme Court)
What laws closed Boston harbor and then placed the Massachusetts under military rule?
The Coercive Acts.
What laws closed Boston harbor then placed Massachusetts under military rule?
Coercive acts
What laws closed Boston harbor and the placed Massachusetts under military rule?
The Coercive Acts.
What laws closed Boston harbor and placed Massachusetts under military rule?
Coercive acts
Can Overturn Or Throw Out Laws Passed By Congress?
Both the state and federal supreme courts can overturn unconstitutional state laws; the US Supreme Court is the ultimate authority on the constitutionality of federal law.
What branch of the federal government has the power to overrule state laws that violate the U.S. Constitution?
The United States Supreme Court has the authority to rule a state law is unconstitutional. It has the authority to invalidate legislation and executive actions that the court considers in conflict with the United States Constitution.
