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Secession, as happened to precipitate the U.S. Civil War. The Supremacy Clause of the U.S. Constitution provides for the the primacy of federal law in the States, as does its constitutional-law progeny, the doctrine of federal preemption.
Certain provisions of State Constitutions can be upheld by State Supreme Courts, and when upheld in a certain manner, the Supreme Court of the United States voluntarily abstains from jurisdiction according to the doctrine of adequate and independent State grounds. But even then, such judicial decisions cannot narrow or contravene federal Constitutional law. For instance, the eminent domain provisions of the Florida Constitution are broader than those found in the U.S. Constitution, but the Florida Supreme Court could not uphold a provision in the Florida Constitution or an Act of the Florida Legislature declaring narrower eminent-domain provisions than those in the U.S. Constitution.
What else can I help you with?
Who can declare a law unconstitutional?
In the United States, the power to declare a law unconstitutional lies with the judicial branch of government, specifically the federal courts, including the Supreme Court.
Does Congress have the expressed power to declare laws unconstitutional?
Congress cannot declare laws unconstitutional. The Judiciary Branch may declare a law unconstitutional only if it conflicts with some provision of the State or Federal Constitution. The Supreme Court can rule a law to be unconstitutional, but Congress, along with the States, can only amend the Constitution.
Why did calhoun write The South Carolina Exposition and the Protest?
states had the right to declare federal laws unconstitutional and inapplicable within the state. <apex!!!
In what ways could the doctrine of nullification have made it difficult for the federal government to operate?
The Doctrine of Nullification held that states had the right to declare null and void any federal law they deem unconstitutional.
What was nullification?
Nullification was the idea that the states could declare acts of congress to be unconstitutional. In particular South Carolina objected to the federal tariff while Jackson was president and decided to nullify it and so not collect it or pay it.
The Kentucky and Virgina Resolutions declared that?
States declare laws unconstitutional, not the Supreme Court.
What was the Virginia Resolution of 1789?
The main goal of the Kentucky and Virginia Resolutions was to push for states' rights as opposed to deference to the federal government. The Kentucky and Virginia legislatures both argued that the states had the right to declare federal laws unconstitutional.
May declare laws unconstitution?
The Supreme Court of the Unites States may declare laws unconstitutional. It is the only branch legally able to do that.
How do you declare an act unconstitutional?
Any court, State, group of people or individual may declare an act or law unconstitutional. Juries may acquit based not on if the person broke the law, but based on their belief that the law is wrong, even if the suspect did indeed break the law. States may ignore federal mandates. Individuals and groups of individuals may, for themselves, make up their minds and decide a law is unconstitutional.
What does The supremacy clause of the Constitution forbids?
States from passing laws that contradict federal law.
Why did the Supreme Court declare the AAA program unconstitutional?
because it was not approved by the United States Congress
How did judicial review became part of your constitional fabric?
Most historians believe that the power to declare acts of Congress unconstitutional (Judicial Review) was a power the founding fathers gave to the federal government. However, there were those who felt the Constitution was a compact with the states and the states should have the power to declare laws null and void. It took the case of Marbury v Maryland to establish the power for the federal government.
