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Who has the power to declare a law unconstitutional in a federal system of the US?
Wiki User
∙ 8y ago
Technically, nobody; the Constitution doesn't grant that power to anyone. The men who wrote the Constitution were largely idealists; to some extent, they neglected to include enforcement mechanisms in the Constitution to protect it.
The Supreme Court assumed this power for itself in the 1803 decision "Marbury vs Madison" and declared, in essence, that since nobody else had the power to declare bad laws unconstitutional, that the Supreme Court would do so.
For the first 150 years or so, this worked out well enough; the power of the Federal government was limited enough that the impact of bad laws was not widely felt. But since 1960 or so, more and more laws have become federalized, to the point that the States are entirely hamstrung by federal regulations. (The Constitution also does not allow Congress to delegate their lawmaking power to unelected bureaucrats and members of the Executive branch, but as I say, nobody much defends the Constitution any more.)
Wiki User
∙ 9y ago
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How can federal courts check the president's power?
The federal courts can check the Presidents power by that courts can declare executive actions unconstitutional.
Both federal and state courts have the power to declare criminal statutes unconstitutional?
True
How can federal courts the presidents power?
"The federal courts can check the Presidents How_can_Federal_Court_check_the_presidents_powerby that courts can declare executive actions unconstitutional."
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.
Which branch of government has the power to declare acts of the excutive branch unconstitutional?
The Judicial Branch has the power to declare the acts unconstitutional.
What was a result of the Supreme Court case Marbury v Madison?
The Supreme Court gained the power to declare laws unconstitutional
What branch has the power to the declare a law unconstitutional?
The Judicial branch.
What power can declare unconstitutional acts of government?
That power is the power of judicial review.
A Constitutional power specifically delegated to the federal is the power to?
One Constitutional power specifically delegated to the federal government is the power to declare war.
What is a check on the power of the judicial branch?
The power to declare legislation to be unconstitutional and, therefore, unenforceable.
How does the judicial branch check the power of the congress?
Can declare laws unconstitutional
What branch of government has the power to declare executive acts unconstitutional?
judicial
