What is the test for determining whether a statute is constitutional?

California, United States of America


The following excerpt is from Donorovich-Odonnell v. Harris, 194 Cal.Rptr.3d 579, 241 Cal.App.4th 1118 (Cal. App. 2015):

The courts will presume a statute is constitutional unless its unconstitutionality clearly, positively, and unmistakably appears; all presumptions and intendments favor its validity. (People v. Falsetta (1999) 21 Cal.4th 903, 912913, 89 Cal.Rptr.2d 847, 986 P.2d 182.) The party arguing

[241 Cal.App.4th 1135]

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