Wich is the following happens if a conflict occurs between a statute and the constitution ?

A new amendment to the constitution must be written
The constitution prevails
The statute prevails
Congress needs a three - fourths majority to pass the statute

1 answer

In the case of a conflict between a statute and the constitution, the constitution prevails. The constitution is the supreme law of the land and takes precedence over any other laws or statutes. Constitutional principles and protections must be upheld, and any conflicting statutes may be deemed unconstitutional by the courts. The statute would generally be invalidated or deemed invalid to the extent of the conflict. A new amendment to the constitution would not be automatically required in such a scenario, although amending the constitution could be a more permanent solution if the conflict is deemed significant and requires a change in the constitutional framework. Congress would not need a three-fourths majority to pass the statute in this situation, as the constitution prevails over any statute.
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