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The judicial branch but really all three branches have checks and balances so there is a good chance an unconstitutional would never be passed but it does happen from time to time thus the judicial branches power to declare a law /bill / amendment, unconstitutional

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15y ago

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What power did marbury vs Madison give to the courts?

The power to declare a law unconstitutional (Judicial Review).


Who or what can declare laws passed by Congress unconstitutional?

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 BranchUS District CourtsUS Court of International TradeUS Court of Appeals Circuit CourtsSupreme Court of the United States


A system in which no one government branch has too much?

I would say that it is one with a system of checks and balances, so that each branch can check (or review and potentially limit) the power of another branch, and the branches of government thereby balance each other. For example, under the U. S. Constitution, the Judicial branch has the power and authority to review a law passed by the Legislative branch as to whether the law comports with the U. S. Constitution and, if not, declare it to be unconstitutional. The Legislative branch, in turn, has the power to then pass another law to replace the one earlier ruled unconstitutional. Also, the Legislative branch has to approve (or not) the appointment of a federal judge and to impeach and remove a federal judge once appointed who engages in unlawful behavior. Another example is that the Executive branch is empowered to implement and enforce laws, but the Legislative branch has to pass a budget to give the Executive branch the money to operate, thereby acting as a check on the Executive branch.


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.


A system that keeps one branch of government from using it's authority wrongly?

The system of checks and balances is a system that allows each branch of government to watch over each other. This makes sure that one branch of government does not gain more power or use its authority wrongly. For example, the legislative branch makes the laws and the executive branch can veto those laws. This makes it harder for the legislative branch to pass a law. The judicial branch also has the power to declare a law as unconstitutional, and make sure the law never gets passed. The legislative branch also has the power to veto a president of judge that is not doing their job properly. The legislative branch approves the choice of the executive branch for who they appoint as judges.

Related Questions

What branch has the power to the declare a law unconstitutional?

The Judicial branch.


Does the Judicial Branch have checks on any of the other Branches?

Yes. The Judicial Branch can declare a law unconstitutional, and it can declare presidential actions unconstitutional.


Where in the constitution does it say that the legislative branch can declare a law unconstitutional?

nowhere.


Who can declare a law unconstitutional?

In the United States, the power to declare a law unconstitutional lies with the judicial branch of government, specifically the federal courts, including the Supreme Court.


Can an arbitrator declare a law unconstitutional?

No, that is a power reserved for the courts of the Judicial Branch.


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.


Does the executive branch has no authority to say laws are unconstitutional?

yes. only the judicial can declare a law uncontitutional.


How would the judicial branch reverse a law written by congress?

They would declare it to be unconstitutional. When that happens, the law is rendered null and void.


What branch changes a unconstitutional law?

The judicial branch can say if a law is unconstitutional.


What branch of gov can declare an act of congress to be unconstitutional?

The federal Judicial Branch, consisting of the US District Courts, the US Court of International Trade, the US Court of Appeals Circuit Courts and the US Supreme Court can declare acts of Congress unconstitutional, but only if the act has already been signed into law and is relevant to a case before the court.The US Supreme Court is head of the Judicial Branch and is the ultimate authority on constitutionality.


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


Can a member of congress declare a law unconstitutional?

no