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Bay View Law Group

Doug Crowder
Bay View Law Group
Where Congress ordains a statute that conflicts with the Constitution, the Supreme Court could detect that law unconstitutional and declare it invalid.

Doug Crowder
Notably, a statute doesn't go away automatically merely because it has been found unconstitutional; it must be edited along a subsequent statute. Many federal and state statutes have remained recorded for decades after they were ruled to be unconstitutional. Even so, below the principle of stare decisis, no sensible inferior court will enforce an unconstitutional statute, and any court that does so will be inverted by the Supreme Court.

Veronica Sanchez
Conversely, any court that declines to enforce a constitutional statute (where such constitutionality has been expressly founded in prior cases) will risk reversal by the United States Supreme Court.