Who can rule that laws or executive acts are unconstitutional?

Answer 1

Any Article III (constitutional) federal court in the Judicial Branch of government may declare a law or executive order unconstitutional under the doctrine of judicial review, but only if the law is relevant to a case or controversy before the court.

Because Executive Orders and Federal Laws are important, any decision overturning a one or the other as unconstitutional would probably (not definitely) be appealed to The US Supreme Court. The Supreme Court is the final arbiter of constitutionality, and may overturn the lower court's decision on appeal.

Judicial Branch

• US District Courts
• US Court of International Trade
• US Court of Appeals Circuit Courts
• Supreme Court of the United States

Answer 2

The Supreme Court, as the head of the judicial branch, determines whether actions of the executive branch are constitutional. They do this by looking at the US Constitution, applying the facts of the executive branch's actions to the constitution and by reviewing past Supreme Court decisions on cases with similar facts and issues.

Answer 3

Only the judicial branch of the US government can declare executive orders or actions unconstitutional. Any federal court can make this declaration.