If a law conflicts with the Constitution, which branch has the authority to resolve that conflict?

• A. Executive
• B. Legislative
• C. Judicial
• D. State courts

Answer: (C)

Judicial review. The branch that settles questions about whether laws or government actions align with the Constitution is the judiciary, the part of government that interprets laws and resolves constitutional disputes. When a law conflicts with the Constitution, courts determine which governs and can declare the law unconstitutional and void. This power to review and strike down unconstitutional actions is a key check and balance in the system and was established through the principle that the Constitution is the supreme law of the land, exercised by the judiciary at both federal and state levels. The executive enforces laws, and the legislature makes them; neither has the authority to overrule the Constitution, which is why the courts hold this power.