What is the definition of nullifcation?

Answer 1

Tom Wood's book Nullification indicates that the first use of the word Nullification was used in response to the Alien and Sedition act which made it illegal to criticize the President or Congress. Since this federal law obviously violated the first amendment it was unconstitutional. In short since the states created the federal government the states had the ultimate right to determine if a federal law is constitutional. At that time the federalists controlled the supreme court, the president and congress. So what is a state to do when all three branches of the federal government agree that an unconstitutional law is in fact constitutional. Thomas Jefferson said that the states were duty bound to nullify the unconstitutional laws. Since the supremacy clause of the constitution states that Federal Laws that are constitutional are the supreme law of the land. Unconstitutional laws are not laws at all.

The act of nullification is the states power to declare a federal law they think is unconstitutional null and void within a state.

Nullification has been used recently by California and Colorado to declare that marijuana could be legally bought and sold within California and Colorado.

Kansas has just nullified most federal gun laws within Kansas indicating that those laws violate the 2nd amendment.

Several states are on the verge of nullifying Obama-care.

Answer 2

Nullification is the act of declaring a law or provision invalid or legally void. It is typically done by a higher authority, such as a court, when it determines that the law is unconstitutional or in violation of higher laws or principles.