Can the president refuse to enforce a law?
The President should only refuse to enforce a statutory provision when the courts have already found it unconstitutional. Textually, this position holds that the President’s executive power does not include the power of constitutional review.
Can the president stop a law?
The president can approve the bill and sign it into law or not approve (veto) a bill. If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law. But, if the president pocket vetoes a bill after Congress has adjourned, the veto cannot be overridden.
Who decides if a law violates the Constitution or not?
The judicial branch interprets laws and determines if a law is unconstitutional. The judicial branch includes the U.S. Supreme Court and lower federal courts.
Can the president declare laws unconstitutional?
The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes.
Can the President choose not to defend the Constitution?
If a President has the constitutional authority to refuse to enforce a law, then it would seem that he also has the authority to take the more limited step of refusing to defend the statute while continuing to enforce it. defend a statute when it encroaches on the constitutional authority of the Presidency.
What is Article 2 Section 4 of the Constitution?
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Can an executive order override the Constitution?
Like both legislative statutes and the regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution. Typically, a new president reviews in-force executive orders in the first few weeks in office.
Who can decide whether a law is unconstitutional the Supreme Court Congress the states the president?
Rather, Congress deemed them necessary and established them using power granted from the Constitution. Section 2 of Article III gives the Supreme Court judicial power over “all Cases, in Law and Equity, arising under this Constitution”, meaning that the Supreme Court’s main job is to decide if laws are constitutional.
What happens if the government violates the Constitution?
When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. In some countries, the legislature may create any law for any purpose, and there is no provision for courts to declare a law unconstitutional.
Who can declare the President’s actions unconstitutional?
the judicial branch
The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional.
Can a presidential executive order override the Constitution?