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
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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.
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