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The Constitution does not contain any clause expressly providing that the states have the power to declare federal laws unconstitutional. Supporters of nullification have argued that the states' power of nullification is inherent in the nature of the federal system. They have argued that before the Constitution was ratified, the states essentially were separate nation
Nullification (U.S. Constitution), a legal theory that a state has the right to nullify any federal law deemed unconstitutional with respect to the United States Constitution Nullification Crisis , the 1832 confrontation between the U.S. government and South Carolina over the latter's attempt to nullify a federal law
As of March 2010, legislators in four states had introduced legislation which would nullify federal regulation of trade and activities which are solely within the boundaries of a state and which do not cross state lines; that is activities that are by its definition not commerce, under the Constitution.
Newsmax legal analyst Judge Andrew Napolitano warns about the ‘very troublesome’ precedent Donald Trump’s birthright citizenship executive order could set.
"The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute. Nor is he empowered by any other source of law to limit who receives United States ...
An unconstitutional constitutional amendment is a concept in judicial review based on the idea that even a properly passed and properly ratified constitutional amendment, specifically one that is not explicitly prohibited by a constitution's text, can nevertheless be unconstitutional on substantive (as opposed to procedural) grounds—such as due to this amendment conflicting with some ...
Trump's decree, which ordered all funding to pause at 5 p.m. Tuesday, cited vague reasoning for the indefinite halt claiming the White House Office of Management and Budget wanted to review ...
The Constitution therefore is the fundamental law of the United States. Federal statutes are the law of the land only when they are "made in pursuance" of the Constitution. State constitutions and statutes are valid only if they are consistent with the Constitution. Any law contrary to the Constitution is void.