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What is the term for the power of the judiciary to declare acts of Congress or the President unconstitutional?
Wiki User
∙ 12y ago
Judicial review.
It is important to note that the courts can only declare an Act (law) or Executive Order unconstitutional AFTER it becomes law, and then only IF it is relevant to a case before the court. Some people mistakenly believe the US Supreme Court has the power to nullify any act of Congress or the President, but this is not true. The courts must wait until a law is directly or indirectly challenged through a lawsuit.
This power is not explicitly mentioned in the Constitution but discussed extensively in the Federalist writings, especially number 84. Also discussed by Jefferson, in, among other places, his Sept 28, 1820 letter to William Jarvis.
Judicial Review!
Wiki User
∙ 12y ago
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What did Chief Justice John Marshall declare unconstitutional?
Section 13 of the Judiciary Act of 1789
What are checks that the judicial branch has on congress?
they can declare laws unconstitutional
Who was the first to declare act of Congress unconstitutional?
Andrew Jackson
Can the president override a decision of the Court?
No. The Supreme Court has the ability to declare something unconstitutional or not. If they have declared something unconstitutional then there is nothing the president can do about it.
Who has the ultimate power to declare war?
Congress has the power to declare war not the President.
What is the term for the power the judiciary has to declare acts of the president or congress unconstitutional?
the answer is judicial reveiw!!
What is is the term for the power the judiciary has to declare acts of the president of congress unconstitutional?
the answer is judicial reveiw!!
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.
What allows the Supreme Court to declare a law passed by Congress or the president as unconstitutional.?
yo ma
Which branch is for can declare presidential acts unconstitutional?
The Judicial Branch can declare an act of the President unconstitutional.
Can a member of congress declare a law unconstitutional?
no
What is the following enables the supreme court to deem acts of the president and of congress unconstitutional?
The power of judicial review.seperation of powers
What is judiciary review?
It is when the Supreme Court can overturn Laws Challenged by the Judiciary as Unconstitutional.
What did Chief Justice John Marshall declare unconstitutional?
Section 13 of the Judiciary Act of 1789
Who can declare President Unconstitutional?
The Judaical branch
What are checks that the judicial branch has on congress?
they can declare laws unconstitutional
Who was the first to declare act of Congress unconstitutional?
Andrew Jackson
