The doctrine of nullification held that a state could refuse to enforce within its boundaries a federal law that exceeded the national government's authority.
Although the Supremacy Clause of the Constitution designates federal law as supreme to state law, other provisions of the Constitution prohibit the national government from enacting laws that either exceed federal power or improperly impinge upon state sovereignty.
The Tenth Amendment reinforces this principle: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
Addressing these challenges involves exploring proposals designed to restore constitutional limitations on federal power. Prominent among these are calls for a balanced budget amendment and the imposition of term limits on Congress.
The question of how power should be divided between the federal government and the states is really what American politics has been all about for well over two centuries.
While the federal government has significant authority, there are several limitations designed to protect individual rights and state sovereignty. The Tenth Amendment reserves powers not delegated to the federal government to the states or the people.
The concept of Federalism in the United States of America is embodied within our two-tier system of government, consisting of a national Federal Government and 50 individual State Governments.
Through constitutional amendments, Supreme Court decisions, federal statutes, and executive actions, the powers of the federal government have greatly expanded to overshadow those of the states.
Apart from the limitation on federal authority inherent in the delegated nature of Congress’ Article I powers, the principal means chosen by the Framers to ensure the role of the States in the federal system lies in the structure of the Federal Government itself …
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