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An act is "unconstitutional" if it is not permitted by the Constitution. Everything else is "constitutional." The only way to know whether a law is constitutional is for the U.S. Supreme Court to addresses it; until then, most discussions of constitutionality are purely opinion. But because the Constitution is almost exclusively limited to rules about the ...


The U.S. law rule is that treaties and laws are co-equal and that one does not supersede the other. In the U.S., the rule is that the last passed law or treaty prevails, over earlier passed laws or treaties if they conflict. See, e.g., Julian G. Ku, "Treaties as laws: A Defense of the Last-in-Time Rule for Treaties and Federal Statutes" 80 Indiana Law ...


Treaties are laws In an ideal world, the legislature would not pass laws that conflict with one another. In this world we have a judiciary to sort this out when it becomes an issue.


Usually these words refer to whether something (e.g. a law or government action) is or is not in accordance with the Constitution, including its amendments, as currently interpreted by US courts including the Supreme Court. So in view of Chaplinsky, the Constitution (as interpreted) does not protect "fighting words", and therefore a law that forbids "...

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