Interposition
Origin
from French interposer, from Latin interponere ‘put in’ (from inter- ‘between’ + ponere ‘put’), but influenced by interpositus ‘inserted’ and Old French poser ‘to place.’
Definitions
- 1: place or insert between one thing and another: he interposed himself between her and the top of the stairs.
- 2:a. intervene between parties: the legislature interposed to suppress these amusements.
- b. say (words) as an interruption: if I might interpose a personal remark here.
- c. exercise or advance (a veto or objection) so as to interfere: the memo interposes no objection to issuing a discharge.
Description
Interposition is an asserted right of a U.S. state to oppose actions of the federal government that the state deems unconstitutional. Under the theory of interposition, a state may "interpose" itself between the federal government and the people of the state by taking action to prevent the federal government from enforcing laws that the state considers unconstitutional. Interposition has not been upheld by the courts. Rather, the courts have held that the power to declare federal laws unconstitutional lies with the federal judiciary, not with the states. The courts have held that interposition is not a valid constitutional doctrine when invoked to block enforcement of federal law.
Interposition is closely related to the theory of nullification, which holds that the states have the right to nullify federal laws that are deemed unconstitutional and to prevent enforcement of such laws within their borders.
Though interposition and nullification are similar, there are some differences. Nullification is an act of an individual state, while interposition was conceived as an action that would be undertaken by states acting jointly. Nullification is a declaration by a state that a federal law is unconstitutional accompanied by a declaration that the law is void and may not be enforced in the state. Interposition also involves a declaration by a state that a federal law is unconstitutional, but interposition as originally conceived does not result in a declaration by the state that the federal law may not be enforced in the state. Rather, the law would still be enforced. Thus, interposition may be seen as more moderate than nullification.
There are various actions that a state might take to "interpose" itself once it has determined that a federal law is unconstitutional. These actions include communicating with other states about the unconstitutional law, attempting to enlist the support of other states, petitioning Congress to repeal the law, introducing Constitutional amendments in Congress, or calling a constitutional convention.
Interposition and nullification often are discussed together, and many of the same principles apply to both theories. In practice, the terms nullification and interposition often have been used indistinguishably. John C. Calhoun indicated that these terms were interchangeable, stating: "This right of interposition, thus solemnly asserted by the State of Virginia, be it called what it may — State-right, veto, nullification, or by any other name — I conceive to be the fundamental principle of our system." During the fight over desegregation of the schools in the south in the 1950s, a number of southern states tried to preserve their segregated schools by passing so-called "Acts of Interposition" that actually would have had the effect of nullification, if they had been valid.[6] These acts were stricken down by the courts, whether labelled acts of interposition or nullification.[1]
