Which branch is empowered to declare acts unconstitutional?

• A. Legislative Branch
• B. Executive Branch
• C. Judicial Branch
• D. People

Answer: (C)

Judicial review is the power to interpret the Constitution and strike down laws or government actions that conflict with it. The branch that holds this authority is the judiciary. While the Legislature creates laws and the Executive enforces them, only the courts decide whether those laws or actions violate constitutional provisions. When a legal challenge is brought, the judiciary reviews statutes and government actions against the federal Constitution and, in state matters, the state constitution; if they clash, they’re declared unconstitutional and may be struck down or require modification. The People influence this process through voting and constitutional amendments, but the capacity to declare acts unconstitutional rests with the courts.