Quote from jem:
I gave cases already... you have to think.
Every state which has passed medical marijuana laws are proof of state nullification.
No,those are cases Obama chose not to pursue.We both know that wont happen with Obamacare.There are many cases where The President or the feds chose not to fight a state law that was in conflict with federal law,that is not nullification.Every time the feds fight a state law that conflicts with federal law,the feds win
http://en.wikipedia.org/wiki/Nullification_(U.S._Constitution)
Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional. The theory of nullification has never been legally upheld;[1] rather, the Supreme Court has rejected it.
The theory of nullification has been rejected repeatedly by the courts. The courts have found that under the Supremacy Clause of the Constitution, federal law is superior to state law, and that under Article III of the Constitution, the federal judiciary has the final power to interpret the Constitution. Therefore, the power to make final decisions about the constitutionality of federal laws lies with the federal courts, not the states, and the states do not have the power to nullify federal laws.
Between 1798 and the beginning of the Civil War in 1861, several states threatened or attempted nullification of various federal laws, including the Supreme Court of Wisconsin's ruling in 1854 that the Fugitive Slave Act of 1850 was unconstitutional. None of these efforts were legally upheld. The Kentucky and Virginia Resolutions were rejected by the other states. The Supreme Court rejected nullification attempts in a series of decisions in the 19th century, including Ableman v. Booth, which found that Wisconsin did not have the power to nullify the Fugitive Slave Act. The Civil War ended most nullification efforts.
In the 1950s, southern states attempted to use nullification and interposition to prevent integration of their schools. These attempts failed when the Supreme Court again rejected nullification in Cooper v. Aaron, explicitly holding that the states may not nullify federal law.
