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During 2010, resolutions were introduced or reintroduced into the legislatures of 21 states; the resolution passed in seven states (Alabama, Arizona, Kansas, Nebraska, South Carolina, Utah, and Wyoming). [2] [3] A state sovereignty resolution was prefiled for the 2011 session of the Texas Legislature (a prior 2009 resolution did not pass).
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
America’s deadliest war should have settled the question of whether states could defy federal law, be it in defense of slavery or stricter border laws. Yet, in Texas, that is viewed less as ...
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]
The United States Constitution is the supreme and highest law of the land. If any federal or state statute or regulation conflicts with the Constitution, the language of the U. S. Constitution ...
After the Supreme Court sided with the federal government in the Texas v. New Mexico water case, the parties are going back to the drawing board.
Most U.S. states frown upon renvoi in a choice of law situation. In this example, they would insist that the only law the courts of State X should look at is the law of contracts of State Y, not the "whole law" of State Y, which includes that state's law governing choice of law. The basic criticism of renvoi is that it can lead to an endless ...
In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. [21] The utility company claimed that the use of referendums, as a form of direct democracy, violated the republican form of government clause, which permits only a representative democracy. [21]