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The legislature cannot change a common law principle by passing a statute which conflicts with the prior common law principle.

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User Reallynice
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Final answer:

The legislature can indeed pass statutes that modify or overturn common law principles, and this is a standard aspect of the legislative process, reflecting changes in societal values and needs. However, any statute that is in conflict with constitutional principles would be considered void according to the US legal system.

Step-by-step explanation:

The statement under consideration is not factual, as the legislature does indeed have the power to create new statutes that may override or modify the principles established by common law. The concept of common law, which is law developed by judges through court decisions, is an important part of many legal systems, particularly in the United States and other countries that follow the English legal tradition. However, while common law does provide a strong precedent for legal decisions, it is not immutable. The legislature, which is the representative body elected to create laws, can enact a new statute that modifies or completely overturns a common law principle if it so chooses.

Moreover, new statutes that conflict with established common law principles are indeed a normal part of the legislative process. This is especially true when societal values evolve or when previous common law principles no longer reflect the current needs or desires of the society. An example of this is the progression from the Supreme Court ruling in Plessy v. Ferguson, which established the doctrine of 'separate but equal,' to Brown v. Board of Education, which required integration and overruled the previous common law principle by asserting a new legal precedent.

Certain constraints do exist, however, as legislatures are bound by constitutional limits. This means that any statute that contravenes the constitution would be considered void, as established by the historic case Marbury v. Madison, wherein it was determined that 'an act of the legislature repugnant to the constitution is void.' Therefore, while legislatures have significant powers of statutory enactment, they cannot violate constitutional principles.

User Michaelsnowden
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