The judicial branch of the U.S. government declares laws unconstitutional. The federal courts of the judicial branch have the sole power to determine the constitutionality of the law, interpret the law and apply the law to cases that are brought before it. Article III of the U.S. Constitution established the judicial branch to balance the powers of the legislative and executive branches of government.Know More
Laws are not automatically reviewed by federal courts; the courts only try certain cases. A party must bring a suit in federal court and give evidence that the party has been harmed by the application of a law.
Most federal cases are brought first to the U.S. district courts, and these decisions may be appealed to one of the 13 U.S. courts of appeals. From there, a small number of cases are actually heard by the Supreme Court.Learn more about Branches of Government
Congress, which forms the Legislative Branch of the Federal government, is responsible for making the laws. The Constitution gives Congress the exclusive power to enact laws, while the executive and judicial branches can only carry out or interpret those laws.Full Answer >
The judicial branch of the U.S. government is responsible for interpreting laws as well as determining the constitutionality of laws passed by Congress. It may also make determinations about the constitutionality of executive orders of the president.Full Answer >
Once passed by the legislature and signed into law by the president, the people of the United States can challenge any law in the courts under the authority of the judicial branch. Laws deemed unconstitutional by the judiciary are considered void. In this way, justices of the courts become the final arbiters of the fairness and legality of a law's provisions.Full Answer >
The independence of the judicial branch is ensured by making sure that the judges cannot receive a reduction in their salary and cannot be removed from the bench by a president who might oppose the judge's views. This gives judges a security in their job that allows them to make decisions without worrying about political pressures.Full Answer >