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The judicial branch of government, that is, the Supreme Court and lower federal courts, can declare acts of Congress or of the President unconstitutional.
This authority was firmly established in 1803, when the United States Supreme Court, led by Chief Justice John Marshall, decided the landmark case of Marbury vs Madison, declaring that certain legislation passed by Congress was unconstitutional.
Nothing in the text of the Constitution explicitly authorized this power of the Supreme Court, but there was some legal precedent. Probably more convincing, however, was Marshall's logical reasoning and clear explanation, which apply equally to Presidential acts as to acts of Congress.
Chief Justice Marshall reasoned that if a conflict between two laws resulted in a case coming before the Court, then it was clearly necessary, in order for the Court to make a correct decision, to determine which law to apply. One basis for deciding the applicability of a law would be the determination that it was not made in accordance with the Constitution, while the other was (or was the Constitution itself). If so, the Supremacy Clause of the Constitution makes it clear that the Constitution or a governmental act made in accordance with the Constitution was the "supreme Law of the Land" and any governmental act that the Court decided was not made in accordance with the Constitution was not good law and should not be enforced.
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What else can I help you with?
Which branch is for can declare presidential acts unconstitutional?
The Judicial Branch can declare an act of the President unconstitutional.
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.
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.
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.
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 can declare actions of the executive branch to be unconstitutional?
supreme court
What branch of government can declare actions of executive branch to be unconstitutional?
supreme court
What can the judicial branch do to exercise checks and balances over the executive branch?
The courts can declare presidential acts unlawful or unconstitutional, if they see it to be unlawful or unconstitutional.
What branch of government has the power to declare executive acts unconstitutional?
judicial
What doese the judicial branch do?
The judicial branch can declare acts unconstitutional and can also declare laws unconstitutional.
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.
