What do these actions have in common?
Sanctuary cities
Legalization of marijuana
Local officials ordering subordinates not to protect federal law officers
Reminding active duty military that they have the right to disobey an illegal order
A U.S. congressman suggesting that state law enforcement could arrest federal officials who were enforcing the immigration laws
The above actions involve what is called “nullification” of federal law. It’s a current civics and citizenship issue, so let’s discover the facts and discuss this process.
What Is Nullification Theory in U.S. Law?
Nullification is the THEORY (not law!) that individual states have the right to declare federal laws unconstitutional and therefore void and unenforceable within their respective states. (1)
Since nullification is only a theory, it’s important to note that nullifying federal laws has never been sanctioned in the courts, except in the case of juries. Note that jurors must judge a case on the law and the facts. If jurors determine that there is a lack of law or of the facts in a trial, they can declare a criminal defendant not guilty.
The Supremacy Clause Explained
Back to nullification. Who or what is the Supreme authority in the United States? If you answered, “The U.S. Constitution”, you are correct. The Supremacy Clause, which is found in Article VI, says:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
What does this mean? It means that individuals or states cannot appeal to the United Nations to overrule our laws. Neither can state nor local actions take precedence over federal laws. Here is an example: I know of a young professional man who was in a car accident and casually used marijuana for pain. Although legal in his state, he defied federal laws in doing so. When discovered, he was fired from his job because federal law takes precedence over state laws or feelings about those laws.
Remember, nullification is only legal in a jury trial. It has never stood in federal courts, even though, as far back as our founding, there were arguments regarding the balance of power between the states and the new federal government. Again, nullification has been consistently struck down in U.S. federal courts, including the Supreme Court.
Civic Responsibility and Common Sense
So, We the People must judge all actions of nullification in our country today by the law and the facts, as uncomfortable as that might be. The principle remains: If we don’t like a law, we must go through the legal process to amend, abolish, or replace it. We are a nation of laws, not feelings that change with the times.
This is Common Sense Civics and Citizenship. 🇺🇸
(1.) https://legalclarity.org/what-is-the-doctrine-of-nullification-a-simple-definition/
Read more: https://uslawexplained.com/nullification
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