Legal Definitions - interposition

Definition: Interposition is the act of presenting something, like a legal argument or motion, as a defense against an opponent's claim. It can also refer to a state's rejection of a federal mandate that it believes is unconstitutional or overreaching while exercising its sovereignty. However, the Supreme Court has declared that interposition is an illegal defiance of constitutional authority.

Example 1: In a court case, the defendant's lawyer may use interposition by presenting evidence that contradicts the plaintiff's claims.

Example 2: In the 1950s and 1960s, some southern states used interposition to resist federal desegregation orders, claiming that the orders violated their states' rights. However, the Supreme Court ruled that interposition was unconstitutional and that federal law must be upheld.

These examples illustrate how interposition can be used in legal contexts to challenge or resist an opposing party's claims or actions. However, it is important to note that interposition is not always a valid or legal defense, especially when it involves a state's rejection of federal authority.