Which branch can declare laws unconstitutional?

• A. Legislative
• B. Executive
• C. Judicial
• D. Administrative

Answer: (C)

Judicial review is the power that lets courts declare laws unconstitutional. Our government is built on checks and balances among three branches: the legislative branch makes laws, the executive branch enforces them, and the judicial branch interprets them. When a law or government action is challenged as violating the Constitution, it’s the judiciary that decides, and it can strike down the law if it doesn’t fit constitutional limits. This authority was established in the landmark Marbury v. Madison decision, which affirmed that courts have the final say on constitutional compatibility. So the ability to declare laws unconstitutional resides with the judiciary. The legislative branch creates laws, the executive enforces them, and administrative agencies carry out regulations, but the act of declaring unconstitutional laws is a judicial function.