Question

If the Federal government creates an unconstitutional law, should the states have to enforce it?

Answer 1

The Constitution of United States does not contain any clause expressly stating that the states have the power to declare federal laws unconstitutional. The courts have held that federal laws created by government are superior to the laws of state and thus cannot be negated by the states. Federal laws are controlling are valid, thus long as those laws were adopted in pursuance of, that is, consistent with the U.S. Constitution. Determining whether a federal law is inconsistent and unconstitutional requires interpretation of the law, which is inherently a judicial function.

Therefore, the federal courts have held that under the Constitution, federal law is controlling over state law, and holds the supreme power to determine whether federal laws are unconstitutional has been delegated to the judicial power. Thus the federal courts have held that the states do not hold the power to nullify federal law.