Certified Legal Assistant Paralegal (CLA-CP) Practice Test 2025 – Your All-in-One Guide to Exam Success!

The judiciary holds the final authority to determine whether a statute is unconstitutional. This role is crucial as it serves as the guardian of the Constitution, ensuring that all laws adhere to constitutional principles. The process of judicial review, established in landmark cases such as Marbury v. Madison, empowers courts to evaluate the validity of legislation against the Constitution.

This authority means that when disputes arise regarding a statute's constitutionality, it is the judiciary that interprets the law and applies constitutional standards to make a determination. As a result, judicial rulings can invalidate statutes that are found to contravene the Constitution, establishing a check on legislative and executive powers.

Other branches of government, such as the legislature and the executive, may formulate laws and policies, but they cannot declare statutes unconstitutional as this function undermines the separation of powers established in the U.S. government. The public may influence legislation and its perception through referendums, but ultimate legal authority rests with the judiciary, reinforcing the notion of rule of law and constitutional supremacy.