Keith Mack
The legislative branch of the US government, which includes the House of Representatives and the Senate, is responsible for making laws. However, the judicial branch, which includes the Supreme Court, has the power to declare laws unconstitutional. This means that if a law is deemed to violate the US Constitution, the Supreme Court can strike it down. The executive branch, led by the President, is responsible for enforcing laws but does not have the power to declare them unconstitutional. While the President can veto a law passed by Congress, Congress can override that veto with enough votes. Ultimately, the US Constitution gives Congress significant powers, including the sole power to make new laws or change existing ones.
| Characteristics | Values |
|---|---|
| Branch of government | Judicial branch |
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What You'll Learn
The US Congress
Congress has extensive investigative powers and may compel the production of evidence or testimony. Members of Congress hold hearings and investigations in committee, and refusal to cooperate can result in charges of contempt of Congress, which could result in a prison term.
The Senate ratifies treaties and confirms the appointments of the President, while the House of Representatives must also consent to the ratification of trade agreements and the confirmation of the Vice President. Congress holds the sole power to declare war and must approve an annual budget for the government.
Congress can override a presidential veto with a two-thirds vote in both chambers. However, it is important to note that while Congress can pass laws, the judicial branch can declare those laws unconstitutional. For example, the Supreme Court has held that certain Acts of Congress are unconstitutional in whole or in part, such as provisions of election law that violate First Amendment speech guarantees.
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The Supreme Court
The process by which a law is deemed unconstitutional typically involves a legal challenge to a particular law or provision. This challenge can arise from a lower court ruling, an appeal, or a direct question to the Supreme Court. The Court will then hear arguments from both sides and review the relevant constitutional provisions before rendering a decision.
A notable example of the Supreme Court declaring laws unconstitutional is the case of *Buckley v. Valeo* in 1976. In this case, the Court examined provisions of election law that restricted the amount of money candidates and their immediate family members could spend on their campaigns. The Court found that these provisions violated the First Amendment's guarantees of free speech and constituted an invalid infringement on the separation of powers.
Another instance is the case of *United States v. Brown* in 1965, where the Court addressed the Labor-Management Reporting and Disclosure Act of 1959. The Court held that a provision of the Act, which made it a crime for a member of the Communist Party to serve as an officer or employee of a labor union, was unconstitutional as it amounted to a bill of attainder.
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State laws
In the United States, the legislative branch of the government is responsible for making laws. This branch is made up of the House of Representatives and the Senate, collectively known as Congress. While Congress has the power to create and change laws, it is the judicial branch, including the Supreme Court, that can declare these laws unconstitutional.
The Supreme Court has held state laws to be unconstitutional in several cases, including:
United States v. Peters (1809)
In this case, a Pennsylvania statute prohibiting the enforcement of any process issued to execute a sentence of a federal court was deemed unconstitutional. The Supreme Court ruled that a state statute could not annul the judgment of a federal court and destroy the rights acquired under its jurisdiction.
Fletcher v. Peck (1810)
The Supreme Court held that a Georgia statute annulling the conveyance of public lands authorised by a prior enactment violated the Contracts Clause (Article I, § 10) of the US Constitution.
Wisconsin v. Philadelphia & Reading Coal Co. (1916)
The Court found that a Louisiana law establishing a rebuttable presumption of involvement in a monopoly or conspiracy in restraint of trade for individuals systematically purchasing sugar at a lower price in Louisiana than in other states violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
Detroit United Ry. v. Michigan (1916)
In this case, the Supreme Court held that the construction of acts in 1905 and 1907 compelling the Detroit City Railway to extend its lines to suburban areas on the same terms as its initial franchise was authorised by the Detroit ordinance, which was unconstitutional.
These are just a few examples of the Supreme Court's power to declare state laws unconstitutional, demonstrating the system of checks and balances in the US government.
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The President
While the President does not have the power to declare laws unconstitutional, they do have the ability to ignore provisions of laws they believe to be unconstitutional. This is a contentious issue, with some scholars arguing that the President must enforce all congressional laws, regardless of their personal constitutional opinions. However, modern Presidents have, on occasion, exercised a form of review power by refusing to enforce certain laws they deem to be unconstitutional. This practice dates back to Thomas Jefferson, who refused to enforce the Sedition Act.
The Supreme Court has never explicitly sanctioned this presidential behaviour, but several Justices have hinted at such authority. The Court has, however, upheld the creation of independent agencies that execute federal laws, which some argue infringes on the President's executive power. These agencies, protected from executive influence by Congress, have been criticised as a "fourth branch of government" that weakens the President's ability to judge whether laws are being faithfully executed.
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The House of Representatives
The United States Congress is made up of two chambers: the House of Representatives and the Senate. While the legislative branch of the government, of which Congress is a part, makes laws, it is the judicial branch that can declare those laws unconstitutional.
In summary, while the House of Representatives does not have the explicit power to declare laws unconstitutional, it plays a crucial role in the legislative process and has significant powers to shape laws and hold the executive branch accountable.
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Frequently asked questions
The judicial branch can declare laws unconstitutional.
Here are a few examples:
- A Pennsylvania statute prohibiting the execution of any process issued to enforce a certain sentence of a federal court.
- A Georgia statute annulling conveyance of public lands authorized by a prior enactment.
- A Louisiana law that established a rebuttable presumption that any person systematically purchasing sugar in Louisiana at a price below that paid in any other state was a party to a monopoly or conspiracy in restraint of trade.
Congress, as one of the three coequal branches of government, has significant powers ascribed by the Constitution. While it cannot declare laws unconstitutional, it does have the power to make new laws or change existing ones. It can also override a veto by the President with a two-thirds vote in both the Senate and the House of Representatives.
The process can vary, but it typically involves a court case where the law is challenged as violating the Constitution. The Supreme Court or other courts will then review the law and determine if it is unconstitutional.
No, the President cannot declare laws unconstitutional. However, the President can veto a law, but the legislative branch can override this veto with enough votes.
