What does American Jurisprudence say about Unconstitutional - TopicsExpress



          

What does American Jurisprudence say about Unconstitutional Laws? Well, look no further brothers and sisters, Andrew has got the on tap for ya! The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. 16 Am Jur 2d, Sec 177 late 2d, Sec 256:
Posted on: Fri, 18 Apr 2014 02:43:12 +0000

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