What is the test for determining whether a state statute is unconstitutional?

California, United States of America


The following excerpt is from People v. Garcia, 210 Cal.Rptr.3d 588 (Cal. App. 2016):

of enactments will not be questioned unless their unconstitutionality clearly, positively, and unmistakably appears. " [Citation.]' [Citation.]" (People v. Sullivan (2007) 151 Cal.App.4th 524, 569, 59 Cal.Rptr.3d 876.)

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