Which branch of government decides if a law goes against the Constitution?

Study for the North Dakota Civics Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The judicial branch of government is responsible for interpreting the Constitution and determining whether laws passed by the legislative branch are constitutional. This function is a key aspect of the system of checks and balances that is foundational to the U.S. government. When there is a dispute about the constitutionality of a law, it is typically the courts, particularly the Supreme Court, that have the authority to review the law and make a final ruling. This power is rooted in the principle of judicial review, which was established in the landmark case of Marbury v. Madison in 1803.

The legislative branch creates laws, while the executive branch enforces them, but neither of these branches has the authority to interpret the Constitution in the way that the judicial branch does. The bureaucratic option refers to the administrative system governing any large institution, which does not pertain to constitutional interpretation. Therefore, the judicial branch plays a crucial role in safeguarding the Constitution by ensuring that any law passed adheres to its principles.

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