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Yes, an executive order can be unconstitutional if it oversteps the authority granted to the executive branch by the Constitution or violates existing laws. The judiciary has the power to review and strike down executive orders that are found to be unconstitutional. This ensures that the balance of power among the branches of government is maintained. Ultimately, the constitutionality of an executive order may be determined through legal challenges in the courts.
What else can I help you with?
Can an Presidential executive order be reversed?
An Executive Order CAN can be nullified if it's proven unconstitutional.
What branch of government is the US Supreme Court checking when they declare an act of the President unconstitutional?
If the US Supreme Court declares an Executive Order (Presidential action) unconstitutional, it is checking the Executive Branch.
Who decides if a treaty is unconstitutional?
The Executive branch decides is a treaty is unconstitutional
What beanch can declare executive actions unconstitutional?
the executive branch
What branch of government can declare a presidential Executive Order unconstitutional?
The Judicial Branch can declare a Presidential Order (called an Executive Order) unconstitutional. While the US Supreme Court is the final arbiter of constitutionality, even US District Courts can overturn an Executive Order, as was the case with President Obama's moratorium on deep water drilling in the Gulf. The lower court's decision may be appealed all the way to the Supreme Court, but in this instance it wasn't.
What branch of government can declare executive orders unconstitutional?
The Judicial Branch can declare an Executive Order (a Presidential Order) unconstitutional if it is presented to the court as part of a case or controversy.While the US Supreme Court is the final arbiter of constitutionality, even US District Courts can overturn an Executive Order, as was the case with President Obama's moratorium on deep water drilling in the Gulf. The lower court's decision may be appealed all the way to the Supreme Court, but in this instance it wasn't.
What is the checks on the executive branch?
It can declare acts of the president unconstitutional
Can Romney get rid of ObamaCare?
If he abuses his power just like the past few presidents YES... It's called an Executive Order (which, in my opinion, is unconstitutional)
What is a executive check on the supreme court?
The executive branch is responsible for implementing and enforcing laws. However, the supreme court has the power to deem any action unconstitutional or unlawful, and prevent or undo those actions.
Which branch of the government declare the actions of the executive branch to be unconstitutional?
Judicial
What branch of government declare actions of the executive branch to be unconstitutional?
Judicial
What branch of government has the power to declare executive acts unconstitutional?
judicial
