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

• A. The Executive Branch
• B. The Legislative Branch
• C. The Judicial Branch
• D. The Federal Branch

Answer: (C)

The power to declare laws unconstitutional resides with the Judicial Branch. This authority is rooted in the principle of judicial review, which allows courts to evaluate the constitutionality of legislative acts and executive actions. This principle is vital for maintaining the balance of power among the branches of government and ensuring that no law violates the Constitution.

Judicial review enables the courts to protect individual rights and uphold the rule of law, serving as a check on legislative and executive powers. Established by landmark cases such as Marbury v. Madison, this function of the Judicial Branch is integral to the function of democracy, allowing the judiciary to interpret laws and assess their compliance with the Constitution.

The Executive Branch is primarily responsible for enforcing laws, while the Legislative Branch is tasked with creating laws. The term "Federal Branch" does not specifically refer to one constitutional branch but instead could generally include all federal entities, which doesn’t directly relate to the function of declaring laws unconstitutional.