Which branch can rule the presidents actions unconstitutional?

Answer 1

If the president is acting according to law but someone believes the law in unconstitutional and sues and the Supreme Court takes the case, it would determine the constitutionality of the law. If the president is acting illegally and violating the constitution, it would be the responsibility of the House of Representatives to initiate impeachment proceedings against the president. The Senate would then determine whether the charges were valid grounds for dismissing the president from office.

Answer 2

Any Article III (constitutional) court (or equivalent state court) can declare a law unconstitutional if the law is part of a case they're trying or reviewing; however, the government would probably appeal the case all the way to the Supreme Court to get a definitive answer. The courts cannot act under their own initiative to overturn laws or presidential executive orders, and they can't touch congressional acts that have not yet been signed into law.

The US Supreme Court is the ultimate arbiter of constitutionality, and has final authority over questions of constitutionality.

Article III Courts

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

Answer 3

The Judiciary makes the ultimate decision as to whether Executive action is unconstitutional.