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Any federal court in the Judicial Branch can declare a law unconstitutional, if the law legitimately infringes on a person or entity's constitutional rights, and is part of a case or controversy before the court. However, the government would most likely appeal the decision to the Supreme Court of the United States, which is the ultimate arbiter of constitutionality.

Judicial Branch

  • US District Courts
  • US Court of International Trade
  • US Court of Appeals Circuit Courts
  • Supreme Court of the United States
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Q: Who or what can declare laws passed by Congress unconstitutional?
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Related questions

What are checks that the judicial branch has on congress?

they can declare laws 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.


What declare laws unconstitutional?

Who can declare laws unconstitutional


How does the judicial branch check the power of the congress?

Can declare laws unconstitutional


What checks are these on the powers of the congress?

The Supreme Court can declare a law passed by Congress to be unconstitutional and therefore null and void. The President can veto laws by Congress and fail to enforce them if his party has an impeachment-proof minority in Senate.


How can the judicial branch chek the legislative branch?

the judicial branch uses its power of judicial review to declare whether or not a law passed by the legislation is constitutional


How can the supreme court check congress power to makes laws?

The U.S. Supreme Court has the power to declare an act of Congress unconstitutional.


Which government declare laws unconstitutional?

no


What doese the judicial branch do?

The judicial branch can declare acts unconstitutional and can also declare laws unconstitutional.


Can legislative law be passed by the executive or judicial branch as well as by congress?

Only Congress has the power to pass laws (legislate). The President can veto bills and can make suggestions as to laws he/she would like to see enacted. The power of the President is to enforce the laws that are already enacted. The Judicial Branch can interpret the laws and can declare laws that violate the Constitution as unconstitutional.


Who evaluates the laws made by congress?

The judicial branch evaluates the laws made by Congress; judges are able to declare laws unconstitutional. The president, as the head of the executive branch, has the power to evaluate and possibly veto laws.


About the judicial branch?

The judicial branch is one of the 3 branches of government. It has the Supreme court which can declare laws passed by the legislature unconstitutional.