Judicial review... which was given binding authority by Maybury v Madison in 1803
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Judicial
In the USA, the National Government (generally mistakenly referred to as the Federal Government) has the right to do anything the Federal Courts, and ultimately the Supreme Court, decide is constitutional.
The courts decide questions of law, which is the juducial branch. In the US, the highest court is the US Supreme Court.
Caucus - US Government NovaNet
Self-determination