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I am not sure what you mean by "act." There is no one act that applies here, but there is a procedure for determining whether a law is unconstitutional. It usually involves a challenge at the state level first. After that, the case is then taken to a district or federal court, and finally, it is taken up at the Supreme Court (assuming the Supreme Court decides to take the case; they do not take every case they are asked to review). But under our system of checks and balances, while a state's attorney general or an individual plaintiff from a state may challenge the constitutionality of a law (such as President Obama's health care law, or the Defense of Marriage Act), it is the Supreme Court that has the final say on whether a particular law is unconstitutional.

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12y ago

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