“Key Takeaways: Nullification
- Nullification is a legal theory that the U.S. states can refuse to comply with federal laws they deem to be unconstitutional.
- During the 1850s, nullification contributed to the start of the Civil War and the end of enslavement, and during the 1950s, led to the end of racial segregation in public schools.
- A key to the argument for states’ rights, the nullification doctrine has never been upheld by the U.S. federal courts.
- Today states continue to enact laws and policies essentially nullifying federal laws in areas such as health care regulation, gun control, and abortion within their borders.
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A 2011 North Dakota bill, Senate Bill 2309, titled “Nullification of Federal Health Care Reform Law,” declared the Patient Protection Act to be “null in this state” and imposed criminal and civil penalties on any federal official, state official, or employee of a private corporation who attempted to enforce any provision of the Patient Protection Act. Unlike Idaho’s House Bill 117, North Dakota’s Senate Bill 2309 passed both houses of the legislature and was signed into law, but only after it was amended to delete the criminal and civil penalties.
In November 2012, the states of Colorado and Washington both voted to legalize recreational marijuana use—essentially nullifying federal drug law and policy. Today, the recreational use of marijuana is legalized in 18 states and the District of Columbia. In addition, the medical use of cannabis is legal, with a doctor’s recommendation, in 36 states.
Since the 1980s, seven states and dozens of cities have declared themselves to be “sanctuary” jurisdictions. These cities, counties, and states have laws, ordinances, regulations, resolutions, policies, or other practices that obstruct the enforcement of federal immigration laws, effectively nullifying those laws. “
What Is Nullification? Definition and Examples (thoughtco.com)
