|
Several states have introduced various resolutions and legislation in protest to federal actions.〔(Johnston, Kirk. "States’ Rights Is Rallying Cry for Lawmakers" ''New York Times'' March 16, 2010 )〕 Despite this, the Supreme Court has explicitly rejected the idea that the states can nullify federal law. In ''Cooper v. Aaron'' (1958), the Supreme Court of the United States held that federal law prevails over state law due to the operation of the Supremacy Clause, and that federal law "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes . . ." Thus, state laws purporting to nullify federal statutes or to exempt states and their citizens from federal statutes have only symbolic impact. ==State sovereignty resolutions (10th Amendment resolutions)== These resolutions attempt to reassert state sovereignty over any area not listed among the "enumerated powers" (i.e., any law based on an "expansive reading" of the Commerce Clause, the Necessary and Proper Clause, or the Supremacy Clause would, according to this resolution, be invalid). *During 2009, "state sovereignty resolutions" or "10th Amendment Resolutions" were introduced in the legislatures of 37 states; in seven states the resolutions passed (Alaska, Idaho, North Dakota, South Dakota, Oklahoma, Louisiana, and Tennessee). *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).〔Not all states require gubernatorial assent of resolutions; in some states a resolution is deemed passed if both houses concur as to the language.〕 *A state sovereignty resolution was prefiled for the 2011 session of the Texas Legislature (a prior 2009 resolution did not pass). 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「State legislation in protest of federal law in the United States」の詳細全文を読む スポンサード リンク
|