If a state enacts a law that violates the US constitution...?
Find answers to your legal question.
If a state enacts a law that violates the US constitution...?
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Who can enforce that law? (only that state? only the federal gov't, no one?)
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Mutt
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First, any law a state enacts only that state can enforce it. If California passes a law that said blue cars are banned from the roads, Texas does not have to enforce that law, and you would still be able to drive blue cars in Texas (and the other 48 states that don't have that law).
If the state law was found to be unconstitutional, then the state could not enforce the law as it is written. They have a few options: Rewrite the law so it is constitutional, throw the law out, or just leave it on the books, but don't enforce it. |
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jerry w
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The law is enforced by the state until a case is successfully brought against it in federal court, at which point the law can not be enforced by anyone. |
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Gee
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Provided a Federal Court had ruled that a State had enacted a law that violated the Constitution, no one can enforce the law. The law is found invalid and if a State tries to enforce it the State authorities will find themselves removed from power (if not arrested outright). |
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