Anaya Nolan
Nullification is a legal theory in United States constitutional history that holds that individual states can invalidate federal laws or judicial decisions they deem to be unconstitutional. This theory, which has been rejected by federal courts, stems from the belief that the states created the federal government and are thus the subsequent interpreters of its authority. Notable historical attempts by states to nullify federal laws include the Kentucky and Virginia Resolutions of 1798, the Nullification Crisis of 1832-1833, and Arkansas's attempt to nullify Brown v. Board of Education in 1957. Today, states continue to enact laws that essentially nullify federal laws in areas such as healthcare regulation, gun control, and abortion.
| Characteristics | Values |
|---|---|
| Instances of nullification | Kentucky's attempt to nullify the Alien and Sedition Acts in 1798 |
| South Carolina's attempt to nullify two federal tariff laws in 1832 | |
| Arkansas' attempt to nullify Brown v. Board of Education in 1957 | |
| Georgia's attempt to nullify federal treaties with the Cherokees | |
| Colorado and Washington's legalization of recreational marijuana in 2012 | |
| Texas' enactment of a law nullifying Roe v. Wade | |
| Sanctuary jurisdictions' obstruction of federal immigration laws | |
| Nullification theory | States can invalidate federal laws, treaties, or judicial decisions they deem to be unconstitutional |
| States have the power to interpret the Constitution | |
| The Constitution was a "compact" among states | |
| States retain the power to determine when federal actions are unconstitutional | |
| States have an "equal right to judge for themselves" | |
| States can "veto" federal acts they judge to exceed the federal government's powers | |
| Court rulings | Federal laws are superior to state laws and cannot be negated by the states |
| Nullification is "not a constitutional doctrine" | |
| Nullification is "illegal defiance of constitutional authority" |
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What You'll Learn
Nullification is not a constitutional doctrine
Nullification is a legal theory in United States constitutional history that asserts states' right to declare federal laws that they deem unconstitutional as null and void within their borders. The theory is based on the compact theory, which posits that the states created the federal government through a compact and are thus the interpreters of its authority, not the federal courts. Thomas Jefferson and James Madison are credited with originating the theory in the Kentucky and Virginia Resolutions of 1798, which protested the Alien and Sedition Acts.
However, nullification as a legal doctrine has been consistently rejected by the Supreme Court and federal courts, which have held that the Constitution was established directly by the people, not as a contract among the states. The Supremacy Clause of Article VI establishes the Constitution and federal laws made in pursuance thereof as "the supreme law of the land," superior to state laws and not subject to negation by the states.
The Supreme Court first dealt with nullification in 1809 and has repeatedly rejected attempts by states to nullify federal laws and treaties, asserting its final authority to interpret the Constitution. Notable examples include the rejection of Georgia's attempt to nullify federal treaties with the Cherokees and the unanimous ruling in Cooper v. Aaron (1958) that nullification is "not a constitutional doctrine but illegal defiance of constitutional authority."
While states have the right to express opposition to federal laws, nullification as a legal doctrine has never been upheld by the U.S. federal courts. It is considered an extreme application of states' rights and has been criticized by Supreme Court justices as an attempt to "nullify this Court's rulings." President Andrew Jackson also opposed nullification, viewing it as a threat to the union and incompatible with its existence.
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Federal laws are superior to state laws
Nullification is a legal theory in United States constitutional history that asserts states' rights to declare null and void any federal laws that they deem to be unconstitutional. The theory has never been upheld by the federal courts, which have consistently held that under the Constitution, the states do not have the power to nullify federal laws. This is because the Constitution was established directly by the people, as stated in the preamble: "We the people of the United States...". The people made the federal government superior to the states in certain ways.
The Supremacy Clause of Article VI of the Constitution states that the Constitution and federal laws made in pursuance thereof are "the supreme law of the land... anything in the constitution or laws of any state to the contrary notwithstanding.". This means that federal laws are valid and controlling, as long as they are consistent with the Constitution. The federal courts have the power to determine whether a federal law is constitutional, and their decisions are binding on the states.
There have been several notable historical attempts by states to nullify federal laws, including the Kentucky and Virginia Resolutions of 1798, the Nullification Crisis of 1832-1833, and Arkansas's attempt to nullify Brown v. Board of Education in 1957. In each case, the states argued that they had the right to interpret the Constitution and determine when the federal government had exceeded its powers. However, the federal government and the courts rejected these attempts, asserting the supremacy of federal law.
While states do not have the legal right to nullify federal laws, they can express opposition to them and work to change them through the political process. Additionally, in modern times, states have found ways to essentially nullify federal laws within their borders, such as with the legalization of marijuana and the declaration of "sanctuary" jurisdictions that obstruct the enforcement of federal immigration laws. These instances of nullification may stand up to legal scrutiny because they do not directly purport to alter the binding force of federal law, but rather depend on the practical inability of federal authorities to enforce certain laws.
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Jury nullification
Nullification is a controversial constitutional theory that individual states can invalidate federal laws or judicial decisions they deem unconstitutional. The federal courts, however, have consistently rejected this view, asserting that the Constitution was established directly by the people, and thus federal laws are superior to state laws and cannot be negated by the states.
Some see jury nullification as an important safeguard against wrongful imprisonment and government tyranny. They argue that it is a logical consequence of the rules governing the legal system. However, others view it as a violation of the right to a jury trial and the oath sworn by jurors. There are concerns that it could be used to permit violence against socially unpopular factions or to convict defendants who have not broken the law.
Historically, jury nullification has been used to oppose laws perceived as unjust, such as the Fugitive Slave Act, alcohol prohibition, and draft evasion during the Vietnam War. In these cases, jurors refused to convict, effectively nullifying the law in that particular case.
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Nullification attempts in US history
Nullification is the constitutional theory that individual states can invalidate federal laws or judicial decisions they deem unconstitutional. This theory has been rejected by federal courts, which hold that the Constitution does not provide states with the power to nullify federal laws. Despite this, there have been several notable attempts at nullification throughout US history.
The earliest assertion of nullification can be found in the Kentucky and Virginia Resolutions of 1798, which protested the Alien and Sedition Acts. Thomas Jefferson anonymously drafted the Kentucky Resolutions, declaring the Alien and Sedition Acts unconstitutional and void in Kentucky. He argued that the states formed the Constitution as a "compact", delegating specific powers to the federal government while reserving all other powers for the states. James Madison anonymously drafted the Virginia Resolutions, which took a more moderate approach, asserting the right of interposition to announce the laws' unconstitutionality.
The next significant attempt at nullification occurred during the Nullification Crisis of the 1830s. South Carolina passed an Ordinance of Nullification in 1832, declaring the Tariff of 1828 and the Tariff of 1832 null and void within its boundaries. This was driven by John C. Calhoun, who argued that the Constitution gave states the right to block the enforcement of federal laws they deemed exceeded the federal government's powers. President Andrew Jackson forcefully denounced nullification, declaring that states did not have the right to nullify federal laws. The crisis was eventually resolved in favor of the federal government, undermining the theory of nullification.
In the 1950s, several southern states attempted to use nullification and interposition to prevent the integration of their schools. These attempts were rejected by the Supreme Court in cases such as Cooper v. Aaron, which explicitly held that states may not nullify federal law.
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Nullification and the Civil War
Nullification is the constitutional theory that individual states can invalidate federal laws or judicial decisions they deem unconstitutional. The concept has been controversial since its inception in early American history.
The theories of nullification and interposition first emerged in the Kentucky and Virginia Resolutions of 1798, which were a protest against the Alien and Sedition Acts. In these resolutions, authors Thomas Jefferson and James Madison argued that "the states" had the right to interpret the Constitution and could declare federal laws unconstitutional when the federal government exceeded its delegated powers.
The Kentucky Resolutions of 1798, written by Jefferson, asserted that the states formed the Constitution as a "compact", delegating certain specified powers to the federal government and reserving all other powers for themselves. According to Jefferson, when the federal government assumed powers that had not been delegated, "a nullification of the act is the rightful remedy".
The Nullification Crisis of the 1830s centred around South Carolina's attempt to nullify two federal tariff laws: the Tariff of 1828 (known as the "Tariff of Abominations") and the Tariff of 1832. These tariffs were considered to disproportionately burden the southern states. Following the election of many state nullifiers, South Carolina formally adopted an Ordinance of Nullification, declaring the tariffs null and void and forbidding the collection of duties within the state. The ordinance further stated that any act of force by Congress against South Carolina would lead to its immediate secession from the union.
In response to South Carolina's actions, President Andrew Jackson advised his Secretary of War, Lewis Cass, to prepare for war. Cass complied by arming and enlisting a militia to enforce the tariff and prevent secession. Jackson also gave speeches against nullification, denouncing South Carolina and promoting unionism. He requested and received from Congress a bill authorising the use of force to ensure the execution of United States laws, known as Jackson's Force Bill.
Despite these war preparations, Jackson did not desire a civil war. He hoped that the nullifiers would back down, and he also supported Speaker of the House Henry Clay's efforts to find a compromise. On March 2, 1833, Congress passed both Jackson's and Clay's tariff reductions, and South Carolina rescinded its Ordinance of Nullification.
The Nullification Crisis represented a pivotal moment in American history. It was the first time that tensions between state and federal authority almost led to a civil war. While the spirit of union prevailed, the crisis laid the groundwork for the secession theory that reemerged in the 1850s, when the expansion of slavery into western territories and the threat of Slave Power became central issues.
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Frequently asked questions
Nullification is a constitutional theory that states have the power to invalidate federal laws, treaties, or judicial decisions they find to be in violation of the U.S. Constitution.
Some examples of nullification include Kentucky's attempt to nullify the Alien and Sedition Acts in 1798, South Carolina's attempt to nullify two federal tariff laws in 1832, and Arkansas's attempt to nullify Brown v. Board of Education in 1957.
No, nullification as a legal doctrine has been consistently rejected by the Supreme Court and other federal courts. The Supreme Court has held that federal laws are superior to state laws and cannot be negated by the states.
