Keith Mack
The concept of nullification, which allows states to pass laws that contradict federal laws, has been a contentious issue in the United States. While states have the power to pass laws that are not explicitly granted to the federal government, they cannot supersede or disregard federal laws without facing constitutional challenges. The US Constitution and Supreme Court play a crucial role in determining the constitutionality of state laws, with the Supreme Court having the authority to reject state laws that infringe on federal powers or violate the Contracts Clause, interstate commerce, or due process. The interpretation of the federal constitution by state supreme courts adds another layer of complexity, occasionally requiring the US Supreme Court to intervene and establish a definitive ruling. The ongoing debate surrounding this issue highlights the delicate balance between state and federal powers in the US legal system.
| Characteristics | Values |
|---|---|
| Can states pass unconstitutional laws? | Yes, a state can choose not to enforce a federal law and some have passed laws legalizing conduct which is contrary to federal law. |
| Can states nullify federal laws? | No, the Supreme Court explicitly rejected nullification in the case of Cooper v. Aaron, 358 U.S. 1 (1958). |
| Can the President disregard unconstitutional laws? | No, the President's duty to preserve, protect, and defend the Constitution requires them to disregard unconstitutional laws. |
| Who decides if a state law is unconstitutional? | A federal district court judge can rule that a state law is unconstitutional, but this ruling only applies to that specific state law. If the original case is appealed to the court of appeals, that ruling is binding for the states in that jurisdiction. |
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What You'll Learn
State laws conflicting with federal laws
The Supremacy Clause, found in Article VI of the US Constitution, establishes that federal laws take precedence over state laws. This means that if a state law conflicts with a federal law, the federal law will prevail. This was the case in Arizona v. Inter Tribal Council of Arizona (2013), where the Supreme Court held that the National Voter Registration Act trumped an Arizona state law that required voters to provide proof of citizenship to vote in a federal election.
There have been numerous instances where state and federal laws have conflicted. For example, some states have legalised the use of marijuana for recreational or medical purposes, but it remains illegal under federal law. This has created issues in court, as individuals complying with state law can still be arrested and prosecuted by the federal government. Similarly, same-sex marriage is legal in many states but not all, and federal law has previously deemed state laws banning gay marriage as unconstitutional.
In some cases, state laws have been found to impose an unconstitutional burden on interstate commerce. For instance, a Missouri act that required peddlers of merchandise produced outside the state to pay a license fee, while exempting those selling in-state merchandise, was deemed unconstitutional. Likewise, a Kansas law requiring foreign corporations engaged in interstate commerce to obtain a license and submit annual financial statements to do business in the state was found to impose an unreasonable burden on interstate commerce.
The Supreme Court has explicitly rejected nullification, the concept that a state can nullify a federal law, in cases such as United States v. Peters (1809) and Cooper v. Aaron (1958). In Cooper v. Aaron, the Court held that state governments had no power to nullify federal laws or their implementation, either directly or indirectly.
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State nullification of federal laws
The concept of state nullification of federal laws is based on the idea that states have the right to reject and invalidate federal laws that they believe exceed the constitutional powers of the federal government. This theory, known as "nullification," asserts that states possess the inherent authority to declare federal laws unconstitutional. However, it is important to note that nullification has been repeatedly rejected by federal courts, including the U.S. Supreme Court, which holds that federal law takes precedence over state law under the Supremacy Clause of the Constitution.
The history of nullification in the United States dates back to the late 18th century. One of the earliest instances occurred in 1798 during the Quasi-War with France when Thomas Jefferson, then Vice President under President John Adams, vehemently opposed the Alien and Sedition Acts. In response, Jefferson anonymously drafted the Kentucky Resolutions, declaring these acts unconstitutional and void within the state of Kentucky. This was the first prominent attempt by a state to nullify federal law.
Another notable instance of state nullification efforts took place in 1832 during the Nullification Crisis. South Carolina, led by Vice President John C. Calhoun, passed an Ordinance of Nullification, challenging two federal tariffs that disproportionately affected the state. Calhoun, following Jefferson's reasoning, argued that states could "veto" federal acts that exceeded the federal government's limited powers. However, President Andrew Jackson strongly opposed this interpretation.
Despite several states threatening or attempting nullification between 1798 and the start of the Civil War in 1861, none of these efforts were legally upheld. The Kentucky and Virginia Resolutions, which embodied the principles of nullification, were rejected by other states and failed to gain widespread acceptance. The Supreme Court also consistently rejected nullification attempts, reinforcing the principle that the power to determine the constitutionality of federal laws rests with the federal courts, not the states.
In modern times, nullification has continued to surface in legal and political debates. For example, in recent Supreme Court opinions, justices have used the term "nullify" to describe attempts by states to circumvent or disregard federal laws or judicial decisions. While nullification remains a controversial topic, the prevailing legal interpretation upholds the supremacy of federal law over state law, with the final authority on constitutional matters vested in the federal judiciary.
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State rights vs federal powers
The United States Constitution operates on a system of dual sovereignty, where power is shared between the federal government and the governments of the fifty states. While the federal government has certain enumerated powers, such as the power to regulate commerce, declare war, and establish a uniform rule of naturalization, the states also retain significant authority in many areas, including the power to enact and enforce laws within their own borders.
However, the Supremacy Clause of the U.S. Constitution establishes that the Constitution, federal laws, and treaties are the "supreme law of the land." This means that when a state law conflicts with a federal law or the Constitution, the federal law takes precedence and the state law is deemed unconstitutional and invalid. For example, in the case of Illinois Central R. R. v. Illinois (1896), the Supreme Court held that an Illinois statute requiring a railroad to run its New Orleans train to Cairo and back obstructed interstate commerce and violated the U.S. Constitution.
While states do not have the power to nullify or supersede federal laws, they can choose not to enforce them. For instance, some states have passed laws legalizing marijuana, which remains illegal under federal law. Additionally, states can propose and enact amendments to the Constitution through their state legislatures, as outlined in Article V of the Constitution.
The interpretation of federal and state laws and their constitutionality is often complex and context-dependent. State supreme courts can interpret the federal constitution, and their decisions are not always reviewed by the U.S. Supreme Court. However, when the U.S. Supreme Court rules on an issue, its decision is definitive, and all jurisdictions are required to follow it.
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Unconstitutional state laws
The United States Constitution does not empower the President to enforce unconstitutional statutes. The President's duty to preserve, protect, and defend the Constitution requires them to disregard unconstitutional statutes. When the President enforces a statute he regards as unconstitutional, he violates the Constitution. The Faithful Execution Clause requires the President to choose the Constitution over unconstitutional laws.
While states can choose not to enforce a federal law, and some have passed laws legalizing conduct that goes against federal law, state laws that contradict federal laws are deemed unconstitutional. For example, a Maryland law imposing a tax on notes issued by a branch of the Bank of the United States was held unconstitutional under the principle of national supremacy (Art. VI).
State laws can be deemed unconstitutional by federal district court judges, and while that ruling applies to a specific state law, it is not binding, and no court is required to follow that decision. It is only when the United States Supreme Court rules on an issue that it is definitive that a law is unconstitutional, and all U.S. jurisdictions are required to follow the ruling.
The Supreme Court explicitly rejected nullification in the case of Cooper v. Aaron (1958), holding that state governments had no power to nullify federal laws and their implementation. The Court also rejected the idea of nullification in United States v. Peters (1809), where the Pennsylvania legislature had passed an act purporting to nullify a federal court's decision.
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Supreme Court rulings on state laws
The Supreme Court has the power to review state laws and determine their constitutionality. This power of judicial review was established in Marbury v. Madison (1803). The Court can declare state laws unconstitutional if they violate the Constitution or federal laws.
One example of the Supreme Court ruling on state laws is Cooper v. Aaron (1958), where the Court explicitly rejected nullification. The state of Arkansas had passed laws to prevent the integration of its schools, and the Court held that state governments could not nullify federal law or its implementation. This affirmed that states do not have the power to prevent Supreme Court decisions from being enforced within their borders.
Another example is Worcester v. Georgia (1832), where the Supreme Court rejected Georgia's attempt to nullify federal treaties with the Cherokees. The Court held that the federal government had exclusive authority over Indian affairs and that Georgia's laws regulating Cherokee land were unconstitutional.
The Supreme Court has also ruled on state laws that impose taxes or fees, such as in Henderson v. Mayor of New York (1876). In this case, the Court held that a New York act requiring a bond or tax for each passenger on an ocean-going vessel contravened Congress's power to regulate foreign commerce. Similarly, a Maryland law imposing a tax on notes issued by a branch of the Bank of the United States was held unconstitutional under the principle of national supremacy.
In addition to tax and commerce cases, the Supreme Court has also ruled on state laws related to education and free speech. For instance, in Bethel School District #43 v. Fraser (1987), the Court held that students do not have a First Amendment right to make obscene speeches in school. In another case, Gideon v. Wainwright (1963), the Court ruled that indigent defendants must be provided with free legal representation, upholding the Sixth Amendment.
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Frequently asked questions
Yes, states can pass laws that are deemed unconstitutional by federal courts. The US Supreme Court is the highest authority on this matter, and its ruling on the constitutionality of a law is definitive and binding for all US jurisdictions.
No, a state cannot nullify or repeal a federal law. The US Supreme Court explicitly rejected nullification in the case of Cooper v. Aaron (1958), holding that state governments have no power to nullify federal laws or their implementation.
When a federal district court judge rules that a state law is unconstitutional, that ruling applies only to that specific law in that particular state. However, if the case is appealed to the court of appeals, the ruling becomes binding for all states within that court's jurisdiction.
Yes, states can have laws that differ from federal laws as long as they do not contradict or supersede them. Each state has its own constitution, which can interpret the federal constitution differently, leading to variations in laws across states.
