What is the test for determining whether a statute is constitutional?
California, United States of America
The following excerpt is from Ass'n for L. A. Deputy Sheriffs v. Superior Court of State, B280676 (Cal. App. 2017):
In this regard, real parties have a tough row to hoe. Courts will presume that a duly enacted statute is constitutional unless its unconstitutionality appears "clearly, positively, and unmistakably." In making this analysis, all "presumptions and intendments favor its validity." (City of Los Angeles v. Superior Court (2002) 29 Cal.4th 1, 10-11 (City of Los Angeles).)
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