Which branch of government has the power to declare laws unconstitutional?

Which branch of government has the power to declare laws unconstitutional?

• A. Legislative Branch
• B. Judicial Branch
• C. Executive Branch
• D. Local Government

Answer: (B)

The judicial branch has the power to declare laws unconstitutional because it is responsible for interpreting the laws and ensuring they align with the Constitution. This function is crucial in maintaining the rule of law and protecting the rights of individuals. The authority comes from the principle of judicial review, established by the landmark Supreme Court case Marbury v. Madison in 1803. This principle allows courts to evaluate the constitutionality of legislative acts and governmental actions, acting as a check on the powers of the other branches of government. By reviewing laws in this way, the judicial branch ensures that no law infringes on the rights guaranteed by the Constitution, thus maintaining the balance of power within the government.

The judicial branch has the power to declare laws unconstitutional because it is responsible for interpreting the laws and ensuring they align with the Constitution. This function is crucial in maintaining the rule of law and protecting the rights of individuals. The authority comes from the principle of judicial review, established by the landmark Supreme Court case Marbury v. Madison in 1803. This principle allows courts to evaluate the constitutionality of legislative acts and governmental actions, acting as a check on the powers of the other branches of government. By reviewing laws in this way, the judicial branch ensures that no law infringes on the rights guaranteed by the Constitution, thus maintaining the balance of power within the government.