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The Judicial Branch can declare a Presidential Order (called an Executive Order) unconstitutional. While the US Supreme Court is the final arbiter of constitutionality, even US District Courts can overturn an Executive Order, as was the case with President Obama's moratorium on deep water drilling in the Gulf. The lower court's decision may be appealed all the way to the Supreme Court, but in this instance it wasn't.

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13y ago
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12y ago

The Judicial Branch can declare an Executive Order (a Presidential Order) unconstitutional if it is presented to the court as part of a case or controversy.

While the US Supreme Court is the final arbiter of constitutionality, even US District Courts can overturn an Executive Order, as was the case with President Obama's moratorium on deep water drilling in the Gulf. The lower court's decision may be appealed all the way to the Supreme Court, but in this instance it wasn't.

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11y ago

Executive? its probably right

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3y ago

judical branch

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Q: What branch of government can declare a presidential Executive Order unconstitutional?
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Related questions

What branch of government is the US Supreme Court checking when they declare an act of the President unconstitutional?

If the US Supreme Court declares an Executive Order (Presidential action) unconstitutional, it is checking the Executive Branch.


Which branch of the government declare the actions of the executive branch to be unconstitutional?

Judicial


What branch of government declare actions of the executive branch to be unconstitutional?

Judicial


What branch of government has the power to declare executive acts unconstitutional?

judicial


What branch of government can declare actions of the executive branch to be unconstitutional?

supreme court


What branch of government can declare actions of executive branch to be unconstitutional?

supreme court


What can the judicial branch do to exercise checks and balances over the executive branch?

The courts can declare presidential acts unlawful or unconstitutional, if they see it to be unlawful or unconstitutional.


Which branch is for can declare presidential acts unconstitutional?

The Judicial Branch can declare an act of the President unconstitutional.


What beanch can declare executive actions unconstitutional?

the executive branch


What is a executive check on the supreme court?

The executive branch is responsible for implementing and enforcing laws. However, the supreme court has the power to deem any action unconstitutional or unlawful, and prevent or undo those actions.


What branch of government can declare executive orders unconstitutional?

The Judicial Branch can declare an Executive Order (a Presidential Order) unconstitutional if it is presented to the court as part of a case or controversy.While the US Supreme Court is the final arbiter of constitutionality, even US District Courts can overturn an Executive Order, as was the case with President Obama's moratorium on deep water drilling in the Gulf. The lower court's decision may be appealed all the way to the Supreme Court, but in this instance it wasn't.


What is the checks on the executive branch?

It can declare acts of the president unconstitutional