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As of March 2010, legislators in seven states have introduced legislation which would seek to nullify federal legal tender laws in the state by authorizing payment in gold and silver or a paper note backed 100% by gold or silver; the legislation failed in Colorado and Montana.
Any decision by the administration to defy federal courts would immediately implicate profound constitutional questions about separation of powers that have kept each branch of the government in ...
Therefore, State X's law protects its plaintiffs, and State Y's law protects its defendants - the laws serve opposite purposes, but each state has an interest in its own law being applied, to advance its own purposes. In such a case, if the interests are balanced, the law of the forum will prevail.
National Foreign Trade Council, 530 U.S. 363 (2000), that even when a state law is not in direct conflict with a federal law, the state law could still be found unconstitutional under the Supremacy Clause if the "state law is an obstacle to the accomplishment and execution of Congress's full purposes and objectives". [30]
"Cities and states that pretend that the federal rules don’t apply to them are just violating the constitution, violating our freedom,'' former New York Gov. George Pataki said Sunday.
Case Western Reserve University law professor Jonathan Adler has noted that the ruling does not instruct judges to ignore agency interpretation; it merely removes the command to defer to them when ...
The Constitution does not contain any clause expressly providing that the states have the power to declare federal laws unconstitutional. Supporters of nullification have argued that the states' power of nullification is inherent in the nature of the federal system. They have argued that before the Constitution was ratified, the states essentially were separate nation
United States, in which a 5-3 majority sided with the federal government to block most of an Arizona law that tried to create a form of state immigration policy, is looming increasingly large.