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Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws that they deem unconstitutional with respect to the United States Constitution (as opposed to the state's own constitution).
Aaron (1958), the Supreme Court of the United States held that federal law prevails over state law due to the operation of the Supremacy Clause, and that federal law "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes ..." Thus, state ...
Nullification refers to a legal theory suggesting that states may evaluate the legality of federal laws and declare them unconstitutional with respect to the US Constitution. The intended effect is to invalidate (nullify) the laws within the state's boundaries.
The nullification crisis was a sectional political crisis in the United States in 1832 and 1833, during the presidency of Andrew Jackson, which involved a confrontation between the state of South Carolina and the federal government.
The Kentucky Resolutions of 1798 argued that each individual state has the power to declare that federal laws are unconstitutional and void. The Kentucky Resolution of 1799 added that when the states determine that a law is unconstitutional, nullification by the states is the proper remedy.
Nullification is an act of an individual state, while interposition was conceived as an action that would be undertaken by states acting jointly. [2] Nullification is a declaration by a state that a federal law is unconstitutional accompanied by a declaration that the law is void and may not be enforced in the state.
The state declared the two acts unconstitutional and refused to collect federal import tariffs. President Andrew Jackson saw the nullification doctrine as being equivalent to treason. In an early draft of what would eventually become his " Proclamation to the People of South Carolina " on December 10, 1832, Jackson declared to the South ...
That refusal is generally referred to as "nullification" but has also been expressed as "interposition:" the states' right to "interpose" between the federal government and the people of the state. The Principles of '98 were widely promoted in Jeffersonian democracy, especially by the Quids, such as John Randolph of Roanoke, but never became law.