Is Nullification Viable? Can a state simply choose to ignore a federal law?Submitted by bobbyw24 on Mon, 01/24/2011 - 12:53
Idaho has become the latest state to invoke the idea of nullification in regards to their opposition of the nearly year old Patient Protection and Affordable Care Act (ACA). Maine, Montana, Nebraska, Oregon, Texas and Wyoming are also considering "nullification" laws. This is clearly a different and controversial move. Other state governments challenging the ACA are seeking to overturn the act through more traditional methods such as in federal court and their representatives in Congress.
Nullification is the legal theory that under the 10th Amendment the states have the right to reject laws passed by the federal government that it deems unconstitutional. This theory places the states above the federal government and even the rulings of the U.S. Supreme Court.