State Nullification of Unconstitutional Federal Laws

One of the most contentious readings of the US Constitution

can be found in Thomas Jefferson’s statements in the Kentucky Resolutions of 1798. There were a total of nine resolutions written in opposition to acts enacted by the Congress, including the Sedition and Alien Acts. (Constitution.org). When evaluating the veracity of the claim that States can revoke unconstitutional laws enacted by the Federal government, acknowledging the context of the resolutions is of the utmost importance. The Constitution’s rights given to the States are at the center of the nullification debate. This has been manifested in a couple of occasions in history: “The Kentucky and Virginia Resolutions, Andrew Jackson’s numerous vetoes in the 1820s, South Carolina’s nullification of the tariffs of 1828 and 1832, the slavery issue, and the secession crisis culminating in the Civil War and the Reconstruction of the Union” (Ellis 1).

The validity of Thomas Jefferson’s argument

can be confirmed in various ways. First of all, it is supported by the relation between the Supremacy Clause and the Tenth Amendment to the Constitution of the United States. The Supremacy Clause “establishes that the federal constitution and federal laws take precedence over state laws and constitutions” (Cornell Law School). This clause seeks to ensure that the federal government can fulfill its obligations as stated in the Constitution without interference of the state governments. The Tenth Amendment, on the other hand, restricts the powers of the federal government only to the matters, which under the Constitution are not resolved specifically by the states. In cases where the Constitution does not delegate authority, the states or the people of the United States hold the powers. As such, if the federal government passes a law that is not within its purview, then states are authorized to nullify such laws. Various states have passed nullification bills based on this premise. Wyoming’s Firearm Protection Act, for example, criminalizes the enforcement of unconstitutional federal laws that conflict with the gun rights of citizens. There are also nullification bills legalizing marijuana which are contrary to what the federal law subscribes.

The second argument for nullification is the nature of the Union

Before the Declaration of Independence, all states existed as sovereign entities. The first constitution of the United States, the Articles of Confederation recognized that sovereignty. In order for the current constitution to be ratified, each of the states had to sign it. As such, the states have a right to express dissent as was the case in the Kentucky and Virginia Resolutions, when the federal government acted in a manner that was unconstitutional.

The third argument for nullification is the need to verify that the federal government powers are not exceeded

Different branches of power of the federal government are designed to limit each other’s authority. However, the judiciary, for example, can be compromised. It is also important to consider that with the federal government in charge of judging how far its powers can go, the said powers will grow over time. This conflicts with the checks set in the Constitution. As such, the power of the states to nullify unconstitutional federal laws provides a remedy to such a situation.

Conclusion

Thomas Jefferson’s assertion of the states’ right to nullify unconstitutional federal laws is, therefore, valid for the following reasons. First, as the Tenth Amendment to the Constitution holds that the powers not delegated to the federal government are reserved to the States or to the people, passing laws not falling within the federal government’s competence has no legal force unless approved by the states. Second, the states’ power to nullify unconstitutional laws is lawful due to the historic precedent and nature of the state structure. Third, the ability of the states to limit the federal government’s powers ensures that the powers of the latter are not exceeded.

Works Cited

Constitution.org. The Kentucky Resolutions of 1798, http://www.constitution.org/cons/kent1798.html. Accessed 11 July 2017.

Cornell Law School. Supremacy Clause, https://www.law.cornell.edu/wex/supremacy_clause. Accessed 11 Jul. 17.

Ellis, Richard E. The Union at Risk: Jacksonian Democracy, States’ Rights, and the Nullification Crisis. Oxford University Press, 1987. Print.