Tenth Amendment To The United States Constitution - State Legislative Actions in Protest of Federal Actions

State Legislative Actions in Protest of Federal Actions

Several states have introduced various resolutions and legislation in protest to federal actions. Despite this, the Supreme Court has explicitly rejected the idea that the states can nullify federal law. In Cooper v. 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 evasive schemes . . . ." Thus, state laws purporting to nullify federal statutes or to exempt states and their citizens from federal statutes have only symbolic impact.

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