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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.
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∙ 12y ago
Wiki User
∙ 14y agoYou cannot declare a President unconstitutional; you can impeach him for wrongdoing; but he cannot be declared unconstitutional.
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∙ 13y agoThe Judicial Branch
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∙ 11y agosupreme court
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∙ 11y agoThe U.S Supreme Court
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supereme court
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Which branch is for can declare presidential acts unconstitutional?
The Judicial Branch can declare an act of the President unconstitutional.
The Supreme Court may declare an act of the President unconstitutional.?
Yepperdoodles!! (Yes) :)
The supreme court may declare an act of the president unconstitutional true or false?
True
Who can declare President Unconstitutional?
The Judaical branch
Who was the first to declare act of Congress unconstitutional?
Andrew Jackson
What is the checks on the executive branch?
It can declare acts of the president unconstitutional
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 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.
What is the judicial checks on Executive Branch?
It can declare acts of the president unconstitutional
What branch of gov can declare an act of congress to be 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.
Which act did the defendant in the Oklahoma bombing case declare unconstitutional?
The Victims Rights Clarification Act
What declare laws unconstitutional?
Who can declare laws unconstitutional
