Legal Question in Legal Ethics in California
removal of laws
I am doing a report on law making processes and I had a question. Is it possible for a law to be removed form the books or does another law have to be passed to nullify it? If it is possible, what is the process?
2 Answers from Attorneys
Re: removal of laws
You really want to know how that sausage is made? Most attorneys don't truly know, and I'm no exception. If the terms of two laws contradict each other, then the later-enacted law is given effect. The legislature can certainly pass a law which merely states that such and such law is repealed. How long it stays "on the books" thereafter is really up to the publisher of whichever code set you're looking at it. Most will keep the code section and heading there with a note that it was repealed and giving a brief history of the law.
Re: removal of laws
Gee Whiz! I started law school in 1960, and I don't know.
Best guess is in Washington, side with the richest lobbyists, ditto in Sacramento.