Which branch of the United States government can declare laws unconstitutional?

Prepare for the Arizona US Government Test. Use interactive quizzes with hints and detailed explanations for each question. Master the material and excel in your exam!

The branch of the United States government that can declare laws unconstitutional is the Judicial branch. This power is specifically held by the courts, particularly the Supreme Court, through a process known as judicial review. The concept of judicial review allows the judiciary to interpret constitutional law, ensuring that legislative and executive actions are in alignment with the Constitution.

This mechanism serves as a critical check on governmental power, reinforcing the system of checks and balances that underpins the U.S. government. The Founding Fathers intended for the judiciary to have the authority to protect individual rights and maintain the rule of law by invalidating laws that conflict with the Constitution.

In contrast, the Executive branch is responsible for enforcing laws, while the Legislative branch is tasked with creating laws. The Administrative branch, though vital in implementing policies, does not possess the constitutional authority to declare laws unconstitutional. This distinction clarifies the unique role of the Judicial branch in maintaining the Constitution as the supreme law of the land.

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