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If the president is acting according to law but someone believes the law in unconstitutional and sues and the Supreme Court takes the case, it would determine the constitutionality of the law. If the president is acting illegally and violating the constitution, it would be the responsibility of the House of Representatives to initiate impeachment proceedings against the president. The Senate would then determine whether the charges were valid grounds for dismissing the president from office.
Wiki User
∙ 13y ago
Wiki User
∙ 12y agoAny Article III (constitutional) court (or equivalent state court) can declare a law unconstitutional if the law is part of a case they're trying or reviewing; however, the government would probably appeal the case all the way to the Supreme Court to get a definitive answer. The courts cannot act under their own initiative to overturn laws or presidential executive orders, and they can't touch congressional acts that have not yet been signed into law.
The US Supreme Court is the ultimate arbiter of constitutionality, and has final authority over questions of constitutionality.
Article III Courts
- US District Courts
- US Court of International Trade
- US Court of Appeals Circuit Courts
- Supreme Court of the United States
Wiki User
∙ 11y agoThe Judiciary makes the ultimate decision as to whether Executive action is unconstitutional.
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What branch can rule that a decision made by the President is unconstitutional?
The Judicial Branch
What do judicial reviews give to the judicial branch?
The power of Judicial Review is the major check that the judicial branch has over the other two (legislative and executive) branches of the U.S. government. Judicial review allows the federal courts to rule actions of the President and Congress unconstitutional, and thus overturn them.
What did the judicial government do?
The Judicial branch in government is all the courts and they make sure laws are followed. The Judicial branch is also the Supreme court and they have the right to rule if a law is unconstitutional.
What checks do other branches of government have on the judicial branch have?
The Executive Branch could nominate judges in the Supreme Court, while the Legislative Branch had to appoint the judges, could kick them out of the Court, and could determine whether a law is unconstitutional.
The unwritten rule that can dilute the presidents appointment power is?
Senatorial Courtesy
What branch of government rule president's actions unconstitutional?
Judicial
How does the Judicial Branch check other houses?
Like the other two branches it has the ability to check the power of the Executive and Legislative branches. Its main check is the fact that it can rule certain actions of presidents or congress unconstitutional, making the illegal.
What branch can rule that a made by the president is unconstitutional?
The Judicial Branch
What branch can rule that a decision made by the President is unconstitutional?
The Judicial Branch
What branch of government can rule that a decision made by the president is unconstitutional?
Judicial Branch
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.
What do judicial reviews give to the judicial branch?
The power of Judicial Review is the major check that the judicial branch has over the other two (legislative and executive) branches of the U.S. government. Judicial review allows the federal courts to rule actions of the President and Congress unconstitutional, and thus overturn them.
What did the judicial do?
The Judicial branch in government is all the courts and they make sure laws are followed. The Judicial branch is also the Supreme court and they have the right to rule if a law is unconstitutional.
What do the Judicial do?
The Judicial branch in government is all the courts and they make sure laws are followed. The Judicial branch is also the Supreme court and they have the right to rule if a law is unconstitutional.
What role does the constitution assigned to the judicial branch?
In the constitution Article 3 gives the judicial branch the power the interpret laws and punish law breakers, also the judicial branch can rule laws unconstitutional.
What role does the constitution assign to the legislative branch?
In the constitution Article 3 gives the judicial branch the power the interpret laws and punish law breakers, also the judicial branch can rule laws unconstitutional.
What did the judicial government do?
The Judicial branch in government is all the courts and they make sure laws are followed. The Judicial branch is also the Supreme court and they have the right to rule if a law is unconstitutional.
