Legal Question in Personal Injury in California
Constitutionality of federal statute
Can a California state court declare unconstitutional a federal statute which is at issue in the state action? In other words, does a state court have jurisdiction to rule on the constitutionality of a federal statute?
Asked on 1/15/99, 5:52 pm
2 Answers from Attorneys
Ken Koury
Kenneth P. Koury, Esq.
Re: Constitutionality of federal statute
No they cannot
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Answered on 1/26/99, 11:25 pm
Jed Somit
Jed Somit, Attorney at Law
Re: Constitutionality of federal statute
Yes, a state court can declare a federal statute unconstitutional
under the federal Constitution. The federal Constitution is the
law of the land, and binds state court judges, who must apply it
in reviewing even a federal statute.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
Answered on 1/27/99, 8:35 pm
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