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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 is usually considered to be an act by a state finding a federal law unconstitutional, and declaring it void and unenforceable in that state. A nullification act often makes it illegal to enforce the federal law in question. Nullification arguably may be undertaken by a single state. [74]
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 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.
The Supreme Court held that the Brown decision "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes for segregation." [16] Thus, Cooper v. Aaron held that state attempts to nullify federal law are ineffective. [15]
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.
Supremacy Clause case law (1 C, 12 P) Pages in category "Nullification (U.S. Constitution)" ... State legislation in protest of federal law in the United States
It stated also Calhoun's Doctrine of nullification, i.e., the idea that a state has the right to reject federal law, first introduced by Thomas Jefferson and James Madison in their Kentucky and Virginia Resolutions.