Question: Is it true whenever a law is challenged in court, the court assumes it is unconstitutional?
Answer: Actually, it is the opposite. Whenever a state law is challenged in court the court presumes that it is constitutional and tries to explain to the court why it is, in fact, constitutional. See e.g. State v. Bonnewell, 196 Ariz. 592, 2 P.3d 682 (App. 1999).
Ordinarily, the party challenging the constitutionality of a law has the burden of proving it unconstitutional.
See Tucson Electric Power Co. v. Apache County, 185 Ariz. 5, 912 P.2d 9 (App. 1995).
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