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State laws can absolutely override federal laws, at least in theory. It's called nullification [1]. There was a full-fledged constitutional crisis over it in 1

State laws can absolutely override federal laws, at least in theory. It's called nullification [1]. There was a full-fledged constitutional crisis over it in 1832 when South Carolina issued an ordinance declaring the Jackson administration's tarrifs unconstitutional [2]. The similiarities between the Jackson and Trump administration continue to astound. And Jackson ended up on the 20. [1] https://en.m.wikipedia.org/wiki/Nullification_(U.S._Constitution) https://en.m.wikipedia.org/wiki/Nullification_(U.S._Constitu... [2] https://en.m.wikipedia.org/wiki/Nullification_Crisis https://en.m.wikipedia.org/wiki/Nullification_Crisis

imgabe 7y ago
> Courts at the state and federal level, including the U.S. Supreme Court, repeatedly have rejected the theory of nullification.[2] The courts have decided 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. 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 rejected Wisconsin's attempt 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. I wouldn't say they absolutely can since every attempt to do this so far has failed in the courts. It seems like a pretty flimsy theory since the Constitution explicitly says otherwise.
morpheuskafka 7y ago
Sure, but that doesn't meant that federal offices and federal courts, paid by the federal government, can't or won't convict you for violating them. And your only recourse would be appeal to federal courts--unless the state militia is going to break you out of prison.
throwaway1777 7y ago
Maybe you shouldn’t stop your history at 1832. If nullification were a thing we’d still have slavery in the south.
- tomjakubowski 7y ago
  Slavery isn't just illegal, any law permitting it would be unconstitutional by the 13th Amendment. Federal anti-slavery laws couldn't be a target for nullification, which relies in theory on the state's belief that the federal law is unconstitutional.

imgabe 7y ago

> Courts at the state and federal level, including the U.S. Supreme Court, repeatedly have rejected the theory of nullification.[2] The courts have decided 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. 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 rejected Wisconsin's attempt 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. I wouldn't say they absolutely can since every attempt to do this so far has failed in the courts. It seems like a pretty flimsy theory since the Constitution explicitly says otherwise.

morpheuskafka 7y ago

Sure, but that doesn't meant that federal offices and federal courts, paid by the federal government, can't or won't convict you for violating them. And your only recourse would be appeal to federal courts--unless the state militia is going to break you out of prison.

throwaway1777 7y ago

Maybe you shouldn’t stop your history at 1832. If nullification were a thing we’d still have slavery in the south.

tomjakubowski 7y ago
Slavery isn't just illegal, any law permitting it would be unconstitutional by the 13th Amendment. Federal anti-slavery laws couldn't be a target for nullification, which relies in theory on the state's belief that the federal law is unconstitutional.