The judicial branch is responsible for defending the Constitution, interpreting its provisions, and ensuring that laws align with constitutional principles. Within this branch, the Supreme Court of the United States is the group of people that determines whether or not speech is constitutional, often evaluating cases related to the First Amendment and other constitutional rights.
Judicial Review
All three branches of the US Federal government are charged with upholding the Constitution. The Legislative is charged with making laws that conform to Constitutional authority. The Executive is entrusted with enforcement of the law according to Constitutional dictates. The Judicial is charged with reviewing law to determine if it is in keeping with Constitutional provisions.
They have absolute authority. It is their duty to determine if it is constitutional. If it does not violate the Constitution they uphold it otherwise they defeat it.
The Supreme Court decides if a law is constitutional based on the principle of judicial review, which is not explicitly mentioned in the Constitution but was established by the Court itself in the landmark case Marbury v. Madison (1803). This principle gives the Court the power to interpret the Constitution and determine if a law aligns with its provisions. The Court uses this authority to assess whether a law violates any constitutional rights or principles.
Anyone can interpret the Constitution; however, the courts determine whether laws, executive orders, treaties and policies are in keeping with the principles of the Constitution, and have the ability to nullify and render unenforceable any that are not. The Supreme Court is the ultimate authority on Constitutional law.
Constitutional isomers are molecules with the same molecular formula but different connectivity of atoms. To determine constitutional isomers, compare the arrangement of atoms in the molecules and look for differences in how the atoms are bonded together. If the connectivity of atoms is different, the molecules are constitutional isomers.
Conventions were called to determine what form the ultimate Constitution would take, what it would include and exclude, and generally how it would work. Every time the Supreme Court makes a ruling on a case they are in a sense making a statement about how they think the Constitution applies to that particular case, and thus, about what the constitution itself means in the present day.
The judicial branch is responsible for interpreting the Constitution and has the authority to repeal or invalidate laws that conflict with it. This power is exercised through judicial review, a process established in the landmark case Marbury v. Madison in 1803. By declaring a law unconstitutional, the courts ensure that legislative actions align with constitutional principles.
Judicial Review
To determine if a law is constitutional or if a law is unconstitutional.
The states
No group systematically reviews every law for constitutionality; however, the US Supreme Court justices have final authority to determine whether a law (or laws) relevant to a case before the Court is constitutional.