Any court in the federal Judicial Branch may declare an Executive Order (or act of the President) unconstitutional if it is relevant to a case or controversy before the Court. For example, Judge John Sirrica of the US District Court for the District of Columbia held that President Nixon couldn't keep the Watergate taps by exercising Executive Privilege because the tapes were part of a federal investigation affecting the rights of other individuals.
When a lower court declares a law, executive order or other act unconstitutional, the case will inevitably go to the US Supreme Court because the stakes are high, and they are the final authority on constitutional interpretation. In the Nixon case, the Supreme Court upheld the US District Court's decision and ordered the tapes turned over to the Special Prosecutor.
You cannot declare a President unconstitutional; you can impeach him for wrongdoing; but he cannot be declared unconstitutional.
The Judicial Branch
supreme court
The U.S Supreme Court
supereme court
The Judicial Branch can declare an act of the President unconstitutional.
Yepperdoodles!! (Yes) :)
True
The Judaical branch
Andrew Jackson
It can declare acts of the president unconstitutional
If the US Supreme Court declares an Executive Order (Presidential action) unconstitutional, it is checking the Executive Branch.
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.
It can declare acts of the president unconstitutional
The federal Judicial Branch, consisting of the US District Courts, the US Court of International Trade, the US Court of Appeals Circuit Courts and the US Supreme Court can declare acts of Congress unconstitutional, but only if the act has already been signed into law and is relevant to a case before the court.The US Supreme Court is head of the Judicial Branch and is the ultimate authority on constitutionality.
The Victims Rights Clarification Act
Who can declare laws unconstitutional