Is every State law weighed against the Constitution before it is allowed to pass?
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Is every State law weighed against the Constitution before it is allowed to pass?
 
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laughter_every_day
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The state legislators vary in their approach. Some ask themselves if the proposed law is constitutional and some don't know or care. My state legislature is part-time and some of the members are wholly uneducated on the law and couldn't consider constitutional limits if they wanted to. Others consider not only whether a law is constitutional but whether it is wise. There is no universal truth in how they go about passing a statute. |
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Robin
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the weighing comes after the law
and not until a court case
in fact the court is not allowed to give an opinion in advance of the legislation |
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Atavacron
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No. It generally isn't even weighed against its own state Constitution before it becomes law.
It passes and remains law....sometimes years...sometimes weeks...before someone sues in court to challenge its constitutionality. |
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PJ
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No. But many times there are constitutional challenges AFTER a law is passed, and then the law is on hold until it's constitutionality is determined. |
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Dana B
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Not formally...in fact, courts cannot give an opinion on constitutionality until there is an actual court case challenging the law. But legislators can, should and do consider constitutional issues, and interested groups such as bar associations can give their advice to the legislature on the constitutionality of proposed legislation. |
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