Kara Sears
Nullification is a concept that gives a lower level of government or entity the right to declare a law null and void. In the United States, nullification is a controversial constitutional theory that argues individual states can invalidate federal laws or judicial decisions deemed unconstitutional. This theory has been rejected by federal courts, which hold that federal laws are superior to state laws and cannot be negated by states. The power to declare laws unconstitutional lies with the federal courts, as asserted by figures like Luther Martin and John Marshall. Jury nullification is another form, where a jury can refuse to apply the law for various reasons, such as sending a message about a social issue or a sense of justice. This act is discretionary and not legally sanctioned, with varying perspectives on its role in American jurisprudence. The debate over nullification's validity has a long history in the US, with notable attempts by states to nullify federal laws, including the Kentucky and Virginia Resolutions of 1798, and the Nullification Crisis of the 1830s.
| Characteristics | Values |
|---|---|
| Who can nullify a law | Federal courts |
| States | |
| Juries | |
| Jury nullification is not legally sanctioned | |
| Jury nullification is considered inconsistent with the jury's duty | |
| Jury nullification is discretionary |
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Federal courts
The power to make final decisions about the constitutionality of federal laws lies with the federal courts, and they have the authority to declare a law unconstitutional. For example, in Chisholm v. Georgia, McCulloch v. Maryland, and Cohens v. Virginia, the Supreme Court held that the Constitution is a compact among the people, establishing a federal government with broad powers that cannot be constrained by state laws. The Supreme Court has consistently rejected attempts by states to nullify federal laws, such as in Ableman v. Booth, where it rejected Wisconsin's attempt to nullify the Fugitive Slave Act.
The theory of nullification, as introduced by Thomas Jefferson in the Kentucky Resolutions of 1798, argues that the Constitution is a compact among sovereign states, each capable of interpreting the limits of federal authority. However, this view has been rejected by the federal courts, including the Supreme Court, which have affirmed that states cannot nullify federal laws. The Supreme Court has also rejected nullification attempts in a series of decisions in the 19th century and in cases such as Cooper v. Aaron, which dealt with school desegregation.
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State governments
Nullification is a concept that gives a lower level of government, in this case, state governments, the right to declare null and void any law passed by the general government or federal laws. In the United States, this concept refers to a state's ability to nullify any law passed by Congress and signed by the president.
The debate over the validity of this concept began during the late eighteenth century and reached its climax approximately forty years before the US Civil War. The Kentucky and Virginia Resolutions of 1798, authored by Thomas Jefferson and James Madison, are considered the foundational documents of the theories of nullification and interposition. In these resolutions, Jefferson and Madison argued that "the states" have the right to interpret the Constitution and can declare federal laws unconstitutional when the federal government exceeds its delegated powers.
According to Jefferson's draft Resolutions, the Constitution was a "compact" among the states that delegated a set of limited powers to the federal government. He wrote that "each party" to the compact had "an equal right to judge for itself" whether the compact had been broken, and thus "every state" had the power to "nullify of their own authority" any violation of the Constitution.
There have been several notable historical attempts by states to nullify federal laws, including 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. However, the legitimacy of nullification as a constitutional theory has been rejected by the federal courts, which have consistently held that under the Constitution, states do not have the power to nullify federal laws. The Supremacy Clause of Article VI of the Constitution establishes that federal laws are "the supreme law of the land," and the federal courts have interpreted this to mean that federal laws are superior to state laws and cannot be negated by the states.
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Jury nullification
The main ethical concern with jury nullification is the tension between democratic self-government and integrity. Some worry that it could enable violence against socially unpopular groups if a jury convicts a defendant who technically hasn't broken the law. Nevertheless, judges retain the right to disregard guilty verdicts and decide sentences, acting as a check against malicious juries. Jury nullification can also occur in civil suits, resulting in findings of liability or lack thereof.
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Supreme Court
The Supreme Court has consistently rejected the theory of nullification, which holds that states have the right to invalidate federal laws that exceed the powers granted to the national government by the Constitution. The Court has asserted that the Constitution represents a compact among the people, establishing a federal government with broad powers that cannot be constrained by state laws.
Key Supreme Court cases that demonstrate the Court's stance on nullification include Chisholm v. Georgia, McCulloch v. Maryland, and Ableman v. Booth. In Chisholm v. Georgia (1793), the Court established its authority to interpret federal law and assess the constitutionality of state actions. McCulloch v. Maryland (1819) reaffirmed the Court's position that the federal government has broad powers that cannot be limited by the states. In Ableman v. Booth (1859), the Court rejected Wisconsin's attempt to nullify the Fugitive Slave Act of 1850, asserting its authority to determine the constitutionality of federal legislation.
The Supreme Court has also addressed nullification attempts by states to prevent integration of their schools. In Cooper v. Aaron (1958), the Court unanimously held that the precedent set forth in Brown v. Board of Education was the supreme law of the land under the U.S. Constitution's Supremacy Clause, requiring all states to desegregate schools regardless of any contrary state laws. Arkansas' attempt to nullify Brown v. Board of Education in 1957 was also rejected by the Court.
Additionally, the Supreme Court has rejected Georgia's attempt to nullify federal treaties with the Cherokees. The Court held that authority over Indian affairs is committed exclusively to the federal government and that Georgia's laws regulating Cherokee land were void as they were repugnant to the Constitution, treaties, and laws of the United States.
The Supreme Court's decisions on nullification reinforce the idea that states do not have the power to nullify federal laws and that the final authority to interpret the Constitution rests with the federal judiciary.
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Congress
Nullification is a concept that gives a lower level of government, in this case, the states, the right to declare null and void any law passed by the general government, or Congress. This means that states can invalidate federal laws or judicial decisions that they deem unconstitutional. This theory has been rejected by the federal courts, which hold that under the Constitution, the states do not have the power to nullify federal laws. Federal laws are thus considered superior to state laws and cannot be negated by the states.
The debate over nullification began during the late eighteenth century and reached its climax approximately forty years before the US Civil War. The Kentucky and Virginia Resolutions of 1798, written by Thomas Jefferson and James Madison, are considered the foundational documents of the theories of nullification and interposition. In these resolutions, Jefferson and Madison argued that "the states" have the right to interpret the Constitution and can declare federal laws unconstitutional when the federal government exceeds its delegated powers.
In response to the Alien and Sedition Acts passed by Congress in 1798, which granted the president the power to deport people he deemed a threat to national security and criminalized speech critical of the federal government, Jefferson created a series of resolutions for the Kentucky State Legislature that aimed to nullify these acts by declaring them unconstitutional and void in the state of Kentucky. He argued that the Constitution was a "compact" among the states that delegated a set of limited powers to the federal government, and that when powers outside of this compact were assumed, "a nullification of the act is the rightful remedy."
In 1832, South Carolina attempted to nullify two federal tariff laws, the Tariff of 1828 and the Tariff of 1832, on the grounds that they disproportionately burdened southern states. This led to the Nullification Crisis of the 1830s, during which Madison denounced as unconstitutional the concept of nullification of federal law by a state. In 1833, Congress passed the revenue collection bill, or the "force bill," which authorized President Jackson to use force against South Carolina. The South Carolina Legislature then formally rescinded the ordinance of nullification.
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Frequently asked questions
Nullification is the constitutional theory that individual states can invalidate federal laws or judicial decisions they deem unconstitutional.
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’ attempt to nullify Brown v. Board of Education in 1957.
Jury nullification refers to a jury's knowing and deliberate rejection of the evidence or refusal to apply the law. Essentially, the jury returns a “not guilty” verdict even if jurors believe beyond a reasonable doubt that the defendant broke the law.
The power to declare federal laws unconstitutional lies in the federal courts, not in the states. Federal laws are superior to state laws and cannot be negated by the states.
Nullification and interposition are both theories that argue that states have the right to interpret the Constitution. Nullification asserts that states can declare federal laws unconstitutional, while interposition involves announcing the laws’ unconstitutionality to the public without taking direct action to nullify them.
