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| | What does it mean? It means that [[Congress]] overrides every state law and state [[constitution]]. The federal [[government]] reigns supreme. What it says, goes. | | What does it mean? It means that [[Congress]] overrides every state law and state [[constitution]]. The federal [[government]] reigns supreme. What it says, goes. |
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| − | In our history, states have sometimes defied congressional law. [[James Madison]] and [[Thomas Jefferson]] themselves started the nullification doctrine, declaring that a state could nullify as unconstitutional an act of [[Congress]] (in their case, the Alien and Sedition Acts in 1798). After all, what is a state to do if [[Congress]] and the [[Supreme Court]] team up against it? In 1809, the [[Pennsylvania]] legislature ordered the state militia to prevent a federal marshal from serving a writ (order) that it felt was unconstitutional. The federal officers simply arrested the state militia, but [[James Madison]] pardoned them. | + | In our history, states have sometimes defied congressional law. [[James Madison]] and [[Thomas Jefferson]] themselves started the nullification doctrine, declaring that a state could nullify as unconstitutional an act of [[Congress]] (in their case, the Alien and [[Sedition Act]]s in 1798). After all, what is a state to do if [[Congress]] and the [[Supreme Court]] team up against it? In 1809, the [[Pennsylvania]] legislature ordered the state militia to prevent a federal marshal from serving a writ (order) that it felt was unconstitutional. The federal officers simply arrested the state militia, but [[James Madison]] pardoned them. |
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| − | Later, nullification doctrine led to the [[Civil War]] because it justified secession. As recently as 1956, southern states invoked the doctrine to reject the [[Supreme Court]] ruling of Brown v. Board of Education (1954), which desegregated schools. The federal [[government]] enforced that ruling over objections by southern states. | + | Later, nullification doctrine led to the [[Civil War]] because it justified secession. As recently as 1956, southern states invoked the doctrine to reject the [[Supreme Court]] ruling of [[Brown v. Board of Education]] (1954), which desegregated schools. The federal [[government]] enforced that ruling over objections by southern states. |
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| | Some states, like [[West Virginia]], defer to federal law in their own state constitutions. Article 1, Section 1 of the West Virginia Constitution provides: | | Some states, like [[West Virginia]], defer to federal law in their own state constitutions. Article 1, Section 1 of the West Virginia Constitution provides: |