Legal Question in Constitutional Law in Nebraska

''clean house'' laws

are there any statutes that automatically remove ''lame duck'' laws from state constitutions? the laws that were written in 1880 for one particular case that bears no meaning in todays society. these are from nebraska...

Persons with gonorrhea may not marry.

If a child burps during church, his parent may be arrested.

It is illegal for bar owners to sell beer unless they are simultaneously brewing a kettle of soup.

It is illegal for a mother to give her daughter a perm without a state license.

i understand this one but its also from nebraska...

It is Illegal to go whale fishing. ?

anyways, do you know of statutes in ANY state that have to do with this, or do these laws have to go in front of the legislature for repeal?


Asked on 5/28/06, 12:45 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: ''clean house'' laws

I'm not sure these statutes really exist, but if they do they remain on the books until the legislature (or, in some states, the voters) removes them. In some instances a court may declare the statute invalid or unenforceable, but such statutes remain on the books until they are properly removed.

A rule that says statutes become invalid when they are outdated or silly would be unworkable, since there would always be disagreement about whether or when this had happened. There can be no such disagreement about whether or when the legislature has acted.

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Answered on 5/28/06, 1:53 pm


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