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

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Answered on 4/12/07, 3:58 pm


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