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What is the power of the supreme court to declare law or government action unconstitutional?
Wiki User
∙ 13y ago
The US Supreme Court's ability to declare an Act of Congress unconstitutional arises from the implied power of judicial review.
Wiki User
∙ 13y ago
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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.
Can the US Justice department declare a law is unconstitutional?
No, an Appeals Court cannot 'find' a law unconstitutional. They might declare a law to be unconstitutional IN THEIR BELIEF, but they can only overturn the decision of the lower court and/or return it to them for further action or consideration. Only the U.S. Supreme Court can find a law unconstitutional.
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.
Judicial review is the power to declare a government action that violates some provisions of the constitution to be what?
Judicial review is the power to declare a government action that violates some provisions of the constitution to be null and void. This is as a result of the action being in contravention with the provisions of the constitution.
A government action that denies someone fair and equal treatment under the law may be declared what?
A governmental action that denies someone fair and equal treatment under the law may be declared unconstitutional. A judge can evaluate a law and declare that it is unconstitutional.
Judicial review gives the supreme court the power to?
Determine whether a president's actions violate the constitution.
What is a legislative act or Presidential action that violates the Constitution based on the interpretation of the Supreme Court?
Unconstitutional
What can the supreme court can declare unconstitutional?
The Supreme Court can declare a number of things unconstitutional, as long as the it involves an issue relevant to a case before the Court:Federal lawState or municipal lawState constitutional provisionsA particular application of an otherwise constitutional federal lawA particular application of an otherwise constitutional state lawGovernment policies (includes schools, etc).US TreatiesExecutive OrdersCorporate policies or acts of corporate entities or people acting as agents of those entities.Certain military actions or policiesAny action or policy of any entity, if it is repugnant to the Constitution.
What governmental action that denies someone fair and equal treatment under the law may be declared?
A governmental action that denies someone fair and equal treatment under the law may be declared unconstitutional. A judge can evaluate a law and declare that it is unconstitutional.
Can state courts declare laws and acts by the federal government unconstitutional?
Judicial ReviewArticle III (constitutional) federal courts in the Judicial Branch of government may declare a law unconstitutional under the doctrine of judicial review, but only if the law is relevant to a case or controversy before the court. The US Supreme Court is the final arbiter of constitutionality, however, and may overturn the lower courts' decision on appeal.The only federal courts that have this power are:US District CourtsUS Court of International TradeUS Court of Appeals Circuit CourtsSupreme Court of the United States
What happens when a government action is claimed uncostitutional?
If it is only CLAIMED that the act was unconstitutional, it will take action, initiated in Federal Court, to decide the issue.
What was the first case in which the US Supreme Court nullified a law made by Congress?
Marbury v. Madison, 5 US 137 (1803)The US Supreme Court used the power of judicial review to declare Section 13 of the Judiciary Act of 1789 unconstitutional because Congress overstepped its authority and attempted to expand the Court's original jurisdiction by allowing them to issue writs of mandamus (a court order compelling an official to take action) to US government officials.
