Primary Authority

Order of Supremacy

Some primary authority is superior to other primary authority.

The highest form of authority is the U.S. Constitution. If a statute is created that is in conflict with the Constitution, the Constitution wins! In other words, the statute is declared unconstitutional, and therefore is invalid.

Statutes are generally superior to court opinions. A court is required to interpret a statute. But if a court opinion and a statute conflict, the statute is the stronger authority.

 

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Lecture Notes
Test Drive: Authority