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Nullification (U.S. law)

Legal theory in U.S. constitutional law

Nullification (U.S. law)

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Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws that they deem unconstitutional with respect to the United States Constitution (as opposed to the state's own constitution). There are similar theories that any officer, jury, or individual may do the same. The theory of state nullification has never been legally upheld by federal courts. The theory of nullification is based on a view that the states formed the Union by an agreement (or "compact") among the states, and that as creators of the federal government, the states have the final authority to determine the limits of the power of that government. Under this, the compact theory, the states and not the federal courts are the ultimate interpreters of the extent of the federal government's power. Under this theory, the states therefore may reject, or nullify, federal laws that the states believe are beyond the federal government's constitutional...

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