Courts Have Expressly Rejected Nullification
Our history is replete with federal enactments that were unpopular in one State or
another, or even within regions. Taking the logic of the nullification theory to its natural
extension, federal law would become a patchwork of regulation depending upon which
States chose to comply.
It is hardly surprising, given this specter, that no court has ever
upheld a State effort to nullify a federal law.
The most instructive case on nullification is likely
Cooper v. Aaron. This case
arose out of a belief by the State of Arkansas that it was not bound to follow the Supreme
Court's decision in
Brown v. Board of Education. 9 Arkansas, through its governor and
legislature, claimed that there is no duty on the part of state official to obey federal court
orders based upon the Court's interpretation of the federal constitution. lO The governor
and the legislature, in practical effect, were advancing the theory that the States were the
ultimate arbiters of the constitutionality of federal enactments and decisions.
The Court expressly rejected this argument stating: "No state legislator or
executive or judicial officer can war against the Constitution without violating his
undertaking to support it."ll The Court went further: A governor who asserts power to
nullify a federal court manifests that the fiat of a state governor, and not the Constitution
of the United States, would be the supreme law of the land.
http://www.ridenbaugh.com/docs/1101agnull.pdf