Can the President decide if a law is unconstitutional?

Answer 1

The President has the enumerated power to make treaties, which are U.S. laws. Two-thirds of the Senate must consent. Note that consent from both houses of the legislature is not required, and also that the judicial branch gives significant deference to the Executive Branch when interpreting laws regarding foreign policy because it is a power enumerated to the Executive. Also note, the several executive departments, such as EPA and Homeland Security, make code which is effectively law because the Legislature delegates such authority to the Executive.

Answer 2

No. Article III of the Constitution assigns that authority to the Judicial branch of government, of which the Supreme Court is the head. The Executive branch is responsible for enforcing laws.

Article III

Section 1: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Answer 3

The Constitutional mandate of the executive branch is to execute and enforce the laws, while the mandate of the judicial branch is to "say what the law is"; that is, it can declare a "law" or part thereof unconstitutional. In the U.S., the federal government appoints the Solicitor General to advocate for the executive branch in federal court.

Answer 4

No. The President can express a personal opinion that a law is unconstitutional, but he (or she) lacks authority to make an official judgment. The Judicial Branch is responsible for determining the constitutionality of laws; the US Supreme Court is the highest authority on the subject.

Answer 5

The answer you are likely looking for is: "NO. The US Supreme Court declares laws unconstitutional." However, this oversimplifies the nature of the US Government.

Presidents have from time to time argued that various laws are unconstitutional and, therefore, they will not execute them. This is not terribly common and can be opposed by the US Congress by forcing a suit in the US Supreme Court, but it is possible. Far more common is the US Supreme Court using a particular lawsuit to determine whether laws are constitutional and declare when laws are unconstitutional. There is no recourse to a Supreme Court declaration of unconstitutionality except (1) a later Supreme Court declaration that the law is constitutional or (2) a constitutional amendment.

Answer 6

no. only the judicial branch has this authority.

Answer 7

The judicial branch is in charge of making sure laws are constitutional

Answer 8

The executive branch

Answer 9

Yes.