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Law, Business and Society 11th Edition by Tony McAdams
Edition 11ISBN: 978-0078023866Law, Business and Society 11th Edition by Tony McAdams
Edition 11ISBN: 978-0078023866 Exercise 11
Nullification
A number of states have passed or are considering laws to at least partially nullify (render void and inoperative) federal laws they believe to be unconstitutional extensions of federal power. State laws "legalizing" recreational marijuana use are an example of attempts to at least partially nullify federal laws. Other nullification efforts address, for example, the federal Affordable Care Act (Obamacare), gun control laws, and federal abortion laws. Although states do have some power to resist federal laws, most constitutional law authorities and the relevant Supreme Court decisions [see, e.g., Ableman v. Booth, 62 U.S. 506 (1859)] hold that state governments do not have general nullification power.
Question
When confronting federal laws they believe to be unconstitutional, should states have the right to pass their own laws that would nullify those federal laws Explain. For some ad-vice on that question as well as a brief history of nullification, see Robert A. Levy, "The Limits of Nullification," The New York Times, September 3, 2013 [www.nytimes.com/].
A number of states have passed or are considering laws to at least partially nullify (render void and inoperative) federal laws they believe to be unconstitutional extensions of federal power. State laws "legalizing" recreational marijuana use are an example of attempts to at least partially nullify federal laws. Other nullification efforts address, for example, the federal Affordable Care Act (Obamacare), gun control laws, and federal abortion laws. Although states do have some power to resist federal laws, most constitutional law authorities and the relevant Supreme Court decisions [see, e.g., Ableman v. Booth, 62 U.S. 506 (1859)] hold that state governments do not have general nullification power.
Question
When confronting federal laws they believe to be unconstitutional, should states have the right to pass their own laws that would nullify those federal laws Explain. For some ad-vice on that question as well as a brief history of nullification, see Robert A. Levy, "The Limits of Nullification," The New York Times, September 3, 2013 [www.nytimes.com/].
Explanation
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Law, Business and Society 11th Edition by Tony McAdams
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