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I think any judge should. We all should. We all should (and I'm not claiming to be one) understand our Constitution well enough that when a law violates the Constitution we recognize it at first glance.

But to be specific, judging whether a law or judgment is constitutional is the ONLY task of the US Supreme Court. It is not their job to decide in the case before them if either party is right or wrong, but whether the law involved or the judgement being appealed is within the bounds of the Constitution.

There is also the idea of "jury nullification," which is when a jury determines that a law is unconstitutional, or unfair, or just wrong, and decides "not guilty" on that premise. Jury nullification is actually a violation of the oath taken by juries, which is to apply the law to the facts according to the instructions of the court. But it has a long history in our courts.

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13y ago

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Related Questions

Who decides whether a law is constitutional or not?

The American Judicial System, part of the Senate decides which laws are constitutional.


Who decides what the laws say and if the laws agree with the US Constitution?

the judicial branch overviews all laws and makes sure that they are all constitutional


What does judicial branch do in the government?

Inerprets laws punishes criminals judges appointed to life


What are the three government branches?

-Executive(President) -Legislative(Congress) -Judicial(Decides whether laws are constitutional or not)


Which of the branch decides whether follow the constitution?

The Judicial Branch of the government, which is divided as various courts on the state level and as the Supreme Court on the Federal level, decides whether laws are Constitutional or not.


What is the job purpose of the judicial branch?

to decide the menning of laws to decide the menning of laws to decide the menning of laws to decide the menning of laws and to judge if you are guilty in a case. to decide the menning of laws and to judge if you are guilty in a case.


What branch decides whether the laws are fair in?

To my knowledge it must be the Judicial Branch because the judicial branch carries the Supreme Court and their ones who decides if a law is constitutional.


Does legislative branch decide if laws are constitution?

The legislative branch comes up with bills(ideas that they hope to become laws) The executive branch approves the bills and the Judicial branch decides if they are constitutional.


Which branch decides if a law is constitutional?

Judicial


Which branch of government decides if the law is constitutional?

Legislative


Which branch decides if the laws that are made are fair and just according to your Constitution?

I'm pretty sure that it is the executive branch. Incorrect, the judicial system determines whether the laws enacted by the senate/house and approved by the executive are constitutional.


Which branch of government decides on the laws?

The legislative branch (Congress) decides on what should be law and makes the laws.