What Happens When A State Governor Disobeys a Supreme Court Ruling

Discuss whatever you want here ... movies, books, recipes, politics, beer, wine, TV ... everything except classical music.

Moderators: Lance, Corlyss_D

Post Reply
lennygoran
Posts: 19364
Joined: Tue Mar 27, 2007 9:28 pm
Location: new york city

What Happens When A State Governor Disobeys a Supreme Court Ruling

Post by lennygoran » Mon Jan 29, 2024 7:56 am

I googled but couldn't find much-anyone have any ideas? What made me want to know more is the Texas barbed wire situation. I found stuff like this: Regards, Len

Nullification attempts in the 19th century
The Peters case

The Supreme Court first dealt with nullification in 1809 in the case of United States v. Peters, 9 U.S. (5 Cranch) 115 (1809).[45] The Court rejected the idea of nullification. The Pennsylvania legislature had passed an act purporting to nullify a federal court's decision. The Pennsylvania statute stated that the federal court had acted unconstitutionally because it did not have jurisdiction, and that the federal court's judgment "was null and void". The Supreme Court held that the Pennsylvania legislature did not have the power to nullify the federal court's judgment, stating: "If the legislatures of the several States may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the Constitution itself becomes a solemn mockery, and the nation is deprived of the means of enforcing its laws by the instrumentality of its own tribunals."

In response, the Governor of Pennsylvania called out the state militia to prevent enforcement of the Supreme Court's judgment. However, the U.S. Marshal summoned a posse, carried out the Supreme Court's order, and arrested the leaders of the state militia. The Pennsylvania legislature passed a resolution declaring the action of the Supreme Court unconstitutional, invoking states' rights, and appealing to the other states for support.[46] Eleven states responded by disapproving Pennsylvania's attempted nullification. No state supported Pennsylvania.[47] The Governor of Pennsylvania made a plea to President James Madison to intervene, but Madison affirmed the authority of the Supreme Court. The Pennsylvania legislature backed down and withdrew the militia.[48] Thus, Pennsylvania's attempt to nullify the federal court judgment failed.[49]

Post Reply

Who is online

Users browsing this forum: Google [Bot] and 7 guests