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Old February 15, 2013, 12:40 PM   #1
horatioo
Senior Member
 
Join Date: November 15, 2008
Posts: 332
how does this work

Quote:
The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
How does this work for people convicted of some crime if the supreme court overturns a law someone was convicted of breaking? For instance did anyone get anything when the Supreme Court ruled that in Heller? Something like a conviction being ruled void or similar?
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