Q: Or A, I ,21 uses "except" to violate U.S. A. I,10. Is confederate this state act of 1859 VOID ab initio?
79 Or. L. Rev. 793 Constitutional Interpretation, Landau: “Oregon has been at the forefront of the state constitutional revolution [i.e., overthrow of the guarantee of Republican Form of Government]. Oregon cases that I have examined –provide [this state’s ``courts`` in-facto] an opportunity to arrive at different results than the application of federal law otherwise would require.”
FORMAN, 297 Or 129, 133-137 “If a person intended to create an inefficient, unpredictable, ineffective, expensive, unresponsive system of review of government acts, he or she would use the system [i.e., form] we have in Oregon as a perfect model.” That is: “intolerable in any country where freedom prevails.” Yick Wo v. Hopkins, 118 U.S. 356, 369. “Under our monstrous [i.e., evil] FORM
A:
The question you're asking touches on complex issues of constitutional law and the interpretation of state actions under the U.S. Constitution. Oregon's constitutional provisions and their interpretation by state courts can indeed differ from federal interpretations. However, this doesn't automatically render state actions or laws void ab initio (invalid from the outset).
The U.S. Constitution's Article I, Section 10, prohibits states from enacting certain types of laws, like those impairing the obligation of contracts. If an Oregon state law or action is in direct conflict with this or other federal constitutional provisions, there could be grounds for challenging its validity.
However, the process of determining whether a state act is void ab initio involves a detailed legal analysis of the specific state action and its relationship to the federal constitution. This often requires a comprehensive review by the courts.
Given the complexity of constitutional law, it might be beneficial to further explore this issue with a legal professional who has expertise in constitutional law and can provide a detailed analysis based on the specifics of the case. Remember, constitutional law involves navigating both state and federal legal frameworks, and the outcomes can significantly depend on the specifics of each case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
