Legal Question in Constitutional Law in Indiana

Statues

Can a state statue be applied to a question of Comstitutional law in a federal court or state court case?


Asked on 4/07/02, 1:03 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Statues

All statutes, state or federal, must pass constitutional muster at all times. The US Consitution is the supreme law of the land. All statutes, state or federal, must comport with accepted constitutional interpretations.

Federal statutes are not subject to state constutional challenges, but state statues are subject to federal constutional challenges as well as those of their own state constitutions.

Many times state statutes are analyzed in light of federal and state constitutional standards. No statute, however, either state or federal, can operate in derrogation of the US Constitution, nor can any state statute override its own constitution.

A constitution can invalidate a statute; the reverse is never true.

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Answered on 4/07/02, 2:16 pm


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