Earlier quoted context omitted.
>When anyone else or any other organization declares a law unconstitutional, then that's nice, nice to have their opinion, but mostly that's just their opinion. Not really. If one of the other branches decides that a law is unconstitutional, that's pretty much the end of the issue as well. If the courts decided that operating Gitmo is constitutional but Congress decided otherwise, Congress could de-fund it and that w…
Good discussion. But all those places you said that the Executive or Legislative branches believed something was 'unconstitutional' and applied that belief to their actions, really they were just using the powers they had and could have done the same thing just saying that they just didn't like the law. So when such a branch says "unconstitutional" nice to have their opinion. When the Supreme Court says "unconstituti…
Neither can the executive. If they chose to do otherwise without any constitutional authority the courts should rule against them. Obviously the president can still just do whatever and defy everyone, but if the president is sufficiently in the wrong then you get subordinates siding with the constitution and impeachment proceedings etc., and ultimately a popular revolution if things go sufficiently badly.
Congress is different because they can just strike down (i.e. repeal) a law because they don't like it, but that doesn't change the fact that if they say "we're not passing this, it's unconstitutional," that's the end of the story and the thing in question is not happening, and they all swear an oath to do that when they take office.