Why do some people believe a state can nullify federal laws?
Asked by: Adan Glover | Last update: February 13, 2026Score: 4.8/5 (18 votes)
Some people believe states can nullify federal laws based on the theory of "compact theory," which posits the U.S. Constitution is a pact between sovereign states that created the federal government; therefore, states, as original parties, have the right to judge if the federal government oversteps its delegated powers and can declare those laws void, a concept originating with Thomas Jefferson's Kentucky Resolutions and championed by John C. Calhoun, challenging federal supremacy and the Supremacy Clause.
Why can states nullify federal laws?
Definition: The theory that the states are the final arbiters of the limits of national authority and that each may veto the enforcement of federal laws it determines to be unconstitutional, at least within its own boundaries.
Who believed that states could nullify federal laws?
The chosen response, the Kentucky and Virginia Resolutions, was especially controversial because of Jefferson's claim that states could “nullify” federal action which they believed to be unconstitutional (although that term was deleted from the final version of the resolutions adopted in Kentucky) and Madison's claim ...
Can a state overrule the federal government?
The states are sovereign and can make their own laws, except in those areas where the Constitution gives Congress power to make federal laws. In those cases, the Constitution explicitly says that federal law is supreme (the Supremacy Clause , article VI, section 2) and any state law to the contrary is invalid.
What happens if a state cancels a federal law?
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 ...
Can States Nullify Federal Laws? - The Right Politics
Does the Constitution say federal law supersedes state law?
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.
Can states refuse to follow federal law?
Thus, the federal courts have held that under the Constitution, federal law is controlling over state law, and the final power to determine whether federal laws are unconstitutional has been delegated to the federal courts. The courts therefore have held that the states do not have the power to nullify federal law.
What state is 80% owned by the government?
The state where the U.S. government owns around 80% of the land is Nevada, with federal ownership being as high as 80.1%, making it the highest percentage of any U.S. state, primarily managed by agencies like the Bureau of Land Management (BLM).
Can a state make something illegal if it is federally legal?
State laws only govern the citizens within a particular state, but federal laws apply to all U.S. citizens. When state and federal laws clash, think of the federal law as the trump card. In theory, a state law that goes against federal law is null and void, but in practice, there's a bit more of a gray area.
Who has higher authority, federal or state?
Even without an express preemption provision, federal laws take priority over state laws if the two come into conflict. This is due to the “Supremacy Clause” in Article VI of the Constitution. It names the U.S. Constitution as “the supreme law of the land,” along with federal laws written under its authority.
How to overturn a federal law?
The Congressional Review Act (CRA) is a tool that Congress may use to pass legislation overturning a rule issued by a federal agency.
Has nullification ever been successful?
Despite multiple attempts throughout history, nullification was never completely successful and was officially ended by the Supreme Court in the 1958 Cooper v. Aaron decision.
What was the famous quote from Federalist 51?
If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.
What happens if a state law contradicts a federal law?
When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.
What does "to nullify a law" mean?
When something is nullified, it is often described as null and void, meaning it has no legal force or value. This term is frequently used in legal contexts where a court may invalidate a law or a legal agreement based on specific grounds, such as legal or ethical issues.
Can federal laws be declared unconstitutional?
Because the Constitution is the Supreme Law of the Land, the Court held that any contradictory congressional Act is without force. The ability of federal courts to declare legislative and executive actions unconstitutional is known as judicial review.
Can a state law trump a federal law?
No, state law does not supersede federal law; the U.S. Constitution's Supremacy Clause establishes federal law as the "supreme Law of the Land," meaning valid federal laws override conflicting state laws, a principle known as preemption, though determining when this applies often involves complex analysis of congressional intent.
What supersedes state law?
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
What are three powers that states do not have?
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title ...
What states pay more federal taxes than they receive?
Which states send more to the federal government than they receive? In terms of net contributions, 19 states sent more to the federal government than they received in 2024. The largest gaps were in California ($275.6 billion), New York ($76.5 billion), and Texas ($68.1 billion).
Can you buy land from the federal government?
Real estate and federal lands for sale by the government
Government agencies sell real estate and federal lands either by auction or offer. Federal agencies acquire these properties through foreclosure, forfeiture, or failed banks.
What state is the most federally owned?
Nevada has the highest percentage of federally owned land, while Iowa has the lowest. In terms of total square miles, Alaska leads with the largest amount of federally owned land in total square miles.
Who can overturn a federal law?
The Justices of the Supreme Court, nominated by the president and confirmed by the Senate, can overturn unconstitutional laws.
Which state tried to nullify federal laws?
Nullification Crisis, in U.S. history, confrontation between the state of South Carolina and the federal government in 1832–33 over the former's attempt to declare null and void within the state the federal Tariffs of 1828 and 1832.
What are the cons of nullification?
Arguments against nullification include that it would lead to anarchy; that it is unwise or unnecessary; that it is necessary, but better left implicit; or that an instruction on nullification would impair the responsibility of the jurors by confusing them on their duties.