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The power to declare something constitutional or unconstitutional lies primarily with the judiciary, particularly the Supreme Court in the United States. This authority, known as judicial review, allows courts to interpret the Constitution and assess whether laws or government actions align with its principles. If a law is found to violate the Constitution, the court can strike it down, thereby ensuring that the supremacy of the Constitution is maintained. This power serves as a critical check on legislative and executive actions, safeguarding individual rights and upholding the rule of law.
What else can I help you with?
Would the constitutional limitations on legislative power be effective without the power of courts to declare laws unconstitutional?
No the simple answer is No
What branch has the power to declare an executive act unconstitutional?
The Judicial Branch had this power. The process in which this branch declare laws constitutional or unconstitutional is called the Judicial Review
What can the supreme court do to a law?
The SC can declare a law constitutional or unconstitutional.
Which branch of government has the power to declare acts of the excutive branch unconstitutional?
The Judicial Branch has the power to declare the acts unconstitutional.
A Constitutional power specifically delegated to the federal is the power to?
One Constitutional power specifically delegated to the federal government is the power to declare war.
What name is given to the Supreme Court's power to declare a law unconstitutional?
The name given to the Supreme Court's power to declare a law unconstitutional is judicial review.
What was a result of the Supreme Court case Marbury v Madison?
The Supreme Court gained the power to declare laws unconstitutional
What are the apellate powers of the supreme court?
The Supreme Court's task is to declare whether an act is constitutional or unconstitutional
What branch has the power to the declare a law unconstitutional?
The Judicial branch.
What declare laws unconstitutional?
Who can declare laws unconstitutional
How can federal courts check the president's power?
The federal courts can check the Presidents power by that courts can declare executive actions unconstitutional.
Is Judicial Review the power to declare a law unconstitutional?
Not entirely. Judicial review involves the power to declare a law or Executive Order unconstitutional, but the heart of judicial review is analyzing a law or order relevant to a case before the court to determine whether it is in keeping with constitutional principles, both as written and as applied.A law may be constitutional on its face (as written), but be used in a way that violates the Constitution (as applied). Under these circumstances, the law itself is not declared unconstitutional, but it is prevented from being used in an unconstitutional manner.Judicial review also applies in the many, more abundant cases where the court analyzes a law and upholds the law against a constitutional challenge.
