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"Nullification is a constitutional theory that gives an individual state the right to declare null and void any law passed by the United States Congress which the state deems unacceptable and unconstitutional. The concept is most well-known in the context of the sectionalist crisis that plagued the Union in the 40 years preceding the Civil War. The origins of nullification are found in the Federalist-Republican debate of the late 1700s. James Madison and Thomas Jefferson in the Virginia and Kentucky Resolutions (1798) declared that the states had the right to nullify laws by which the federal government overstepped its limits of jurisprudence. When the Republicans gained the presidency in the "revolution of 1800," nullification became moot. The "tariff of abominations" of 1828 revived the issue. By this time in the United States, the North had become economically dominant due to manufacturing, and the South was beginning to suffer from exhausted land. The government enacted tariffs on foreign manufactures to protect Northern business, which raised the price of goods to be sold throughout the US. South Carolinians in particular were upset by their inability to afford these goods which the South could not produce. South Carolina threatened to secede from the Union. John Calhoun, then Vice-President in the Jackson administration, promoted nullification as a moderate alternative to secession. A state would be able to nullify a federal law and exist as part of the Union unless three-fourths of the states passed the law as a constitutional amendment. In that case, the state would secede from the Union. Calhoun's theory of "concurrent majority" essentially gave each regional interest an absolute veto. Calhoun wanted to preserve the Union and intended to use the threat of nullification simply to force the federal government to reduce tariff rates, but the 1830 Webster-Hayne debate in Congress divided the nation over nullification. A North versus West controversy about public lands in the frontier turned into a Southern and Western ideological struggle against Northeastern "tyranny." President Jackson considered nullification to be treasonous. Jackson stated his view with the following toast at a Democratic Party banquet: "Our Federal Union-it must be preserved." John Calhoun responded: "The Union-next to our liberty most dear." Calhoun would resign as Vice-President and accept a Congressional seat from South Carolina. In 1833, Congress passed a "force bill" which authorized Jackson to use violence to preserve the Union. A compromise on the tariff issue offered by Senator Henry Clay was passed in 1842, which gradually reduced rates to the 1816 level. Thirty years later in the Civil War (1861-1865), after the secession crisis was heightened by the slavery issue, violence would finally settle the matter of nullification. "

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16y ago
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11y ago

The States power to determine Constitutionality of Federal Laws. To explain, a common misconception is that the power of Judicial Review was given to the Supreme Court, however, no suh power was ever mentioned in the Constitution and therefore falls to "the states respectively or the people" per the tenth amendment. In my opinion, the when the constitutionality of a Federal law comes into question, the first step that the states should take is nulification of such a law within their respective borders until such a question has been answered. Think about it, if there is even a question of Constitutionality, some clarification of the Constitution may be in order. Who is ultimately responsible for amending the Constitution? The States as no amendment can be made to the Constitution without ratification of such an amendment by 3/4s of the States. Just because the Supreme Court argued that there are "Implied Powers" given by the Constitution, doesn't mean they are correct. By the way, don't bother with the "Neccessary and Proper" clause....it explicitely states that it only applies to powers given by the Constitution, not powers made up or stolen by the Federal Government.

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13y ago
  1. Nullification wasthe principle in which the states did not have to be subservient to the National Government, in an effort to maintain a small governemnt.
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12y ago

States' Rights. :)

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12y ago

nationalism

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Related questions

What idea promotes the concept of nullification?

nationalism


Who attacked the idea of the nullification?

The idea of nullification was attacked by The Dragon Demons from the world of Candy Land. where they had meetings on ways to destroy nullification as well as the world.


The idea that states can reject federal laws is?

The Doctrine of Nullification.


How did southerners view the idea of state rights and nullification?

north= nullification is good south= nullification is bad


The main idea of nullification was that?

State nullification is the idea that the states can and must refuse to enforce unconstitutional federal laws.


What was Jackson's position on nullification?

He was totally against the idea of nullification and made that fact clear in a paper.


Who introduced the idea of nullificaton?

Andrew Jackson introduced this idea of nullification to the 1800s.


Is the idea of a state declaring a law illegal?

Nullification


What was the idea of nullification?

The main idea of nullification was give every state a right to invalidate any federal acts which was viewed as unconstitutional. This was also a way to preserve the union.


The main idea of nullification was what?

The main idea of nullification was give every state a right to invalidate any federal acts which was viewed as unconstitutional. This was also a way to preserve the union.


What was main idea of nullification?

The main idea of nullification was give every state a right to invalidate any federal acts which was viewed as unconstitutional. This was also a way to preserve the union.


What is the idea of a state ignoring an unconstitutional law called?

Nullification