Legal Question in Civil Litigation in Washington
Constitutions vs. Sate Statutes
Can State statues supersede State and Fed. Const. in civil matters?
Asked on 4/12/07, 1:40 pm
1 Answer from Attorneys
Elizabeth Powell
ELizabeth Powell PS Inc
Re: Constitutions vs. Sate Statutes
Sometimes. Statutes can create exceptions to common law, but then must be strictly construed so as not to do harm.
However, statutes must be constitutional. When a federal law superscedes a state law, that's called preemption. Usually if there is a law on point the State law prevails unless the Federal one specifically says it preempts.
Hope this helps. Powell
Answered on 4/12/07, 3:58 pm