The Theory Of The Nullification Crisis And Slavery

Decent Essays
Clemence Boboy
Professor Hollinger
Course 1301
26 October 2017
Theory of “Nullification”
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”, quoted by James Madison. Nullification theory is a belief that a state has the right to invalidate any federal law that was considered unconstitutional. The Constitution Convention continuously rejects to support this theory. They declared that only the federal courts had the right to void a law. The Nullification Theory is important because of the Kentucky and Virginia Resolution in 1798, the Nullification Crisis, and the Slave and Segregation laws. All those events started a
…show more content…
The South Carolina Exposition and Protest by John C. Calhoun is a good example of the Nullification Theory during this period. Calhoun stated that the Tariff of 1828 was unconstitutional because it favored the north manufacturing over the southern agricultural and trade. Calhoun also stated that “Tariff power could only be used to generate revenue, not to provide protection from foreign competition for U.S. industries, the protective system was unjust and unequal in operation, and the people of a state, or several states, had the power to veto any act of the federal government which violated the Constitution”(The Second Reply To Hayne). In the Webster debate with Hayne in 1830, Daniel Webster responded to the Nullification theory with this speech that the constitution was "...the people's constitution, the people's government; made by the people and answerable to the people. The people have declared that this constitution ... shall be the supreme law." The Supreme Court of the United States alone could declare a national law to be unconstitutional; no state could do that. Liberty and Union, now and forever, one and inseparable” (The Second Reply To Hayne). This means that the constitution said that the federal judiciary court has the power to solve anything that interprets the constitution. That no state shall result any interpretation of the constitution. In 1832, South …show more content…
Also that the Supremacy Clause gave the federal court the final say in conflict and federal laws. The Theory of Nullification is about states believing that they have more power over the federal court. Supreme Court proved them otherwise. Prigg v Pennsylvania and Ableman v Booth are examples of the effect of nullification because no matter how bad those states that were going against the court were trying to avoid a law from enforcing. The Supreme Court always had the final say. The two cases impacted the US by keeping Slavery legal. A second way the Nullification Theory impacted the US is the issue of school desegregation in the 1950s. For example, Nullification and interposition came back in 1950 because of Brown v Education. The Brown v Education case is about the Supreme Court declaring that segregating in school was unconstitutional. Most of the southern states were against Brown decision, so they went on and passed the nullification measures to try to keep segregation in schools. The southern states argued that Brown’s decision was unconstitutional and that states had the power to prevent the decision to be enforced in their

Related Documents

  • Decent Essays

    Nullification Crisis Dbq

    • 732 Words
    • 3 Pages

    South Carolina protested this tariff strongly than any other state through the Virginia and Kentucky Resolutions made by Madison and Jefferson that supported the state’s rights (Aboukhadijeh, “Nullification Crisis”). These resolutions stated that the state had the right to declare unconstitutional laws as null and void. Moreover, Calhoun wrote The South Carolina Exposition and Protest that included the Theory of Nullification, which was “the declaration of a federal law as null and void within state borders” (Khan Academy, “The Nullification Crisis”). Calhoun believed that states could nullify laws that were unconstitutional, such as the Tariff of 1828. He argued that the U.S. Constitution only passed tariffs to boost the revenue and not protect them from overseas competition (Khan Academy, “The Nullification Crisis”).…

    • 732 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Ferguson case decision was made. It also shows how the Jim Crow laws had become extreme with the decision made on the Plessy v. Ferguson case. That was shown in the last few paragraphs where this paper had talked about how you were not able to marry a black person if white, and that if you were white you could not marry a black person. The Brown v. Board of Education leads to the overturning of the Plessy v. Ferguson. Jim Crow started to fall and that lead to the ending of legal segregation in schools and many other things.…

    • 1264 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    Government Vs Constitution

    • 1410 Words
    • 6 Pages

    He also argues that the judiciary merely has the power of judgment, rather than force or will, and that the judiciary depends on the other two branches to support its judgments. However, when the Supreme Court makes a decision, this decision stands since it is deemed “the supreme law of the land”. In Marbury v. Madison, Marshall argued that it is a responsibility of the Supreme Court to overturn unconstitutional legislation in accordance to the judges’ “oath or affirmation” to uphold the Constitution, as described in Article VI. Although Hamilton argues that the judiciary is in “continual jeopardy of being overpowered, awed, or influenced” by the other two branches of government, with judicial review the Supreme Court can decide if a treaty violates the provisions of existing law or…

    • 1410 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    The minority said that the law was unconstitutional and violated the civil rights, this side was correct but did not win. The court went by the doctrine “separate but equal” meaning two races must be separated but have equal quality. Until in 1945 when Oliver brown helped start the complaint that the schools aren't equal. The majority this time won saying that segregation was hurting the society, then they decided it was unconstitutional. These cases are both very related because they both fight segregation.…

    • 1066 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    No other branches act will go against the constitution is acceptable. The legislative branch often writes laws that will rob citizens of their constitutional rights. The supreme court is the referee, able to call foul if one of that law is unconstitutional. Every branch should have equal power and no other branches above…

    • 612 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    States’ rights is the idea that the union binding United States is an agreement between the states and that they therefore overrule federal law. Thomas Jefferson wrote the Kentucky resolution and James Madison the Virginia resolution. The resolutions had to be brought to state legislature because it was not yet established that the Supreme Court could declare laws unconstitutional. The general idea of both resolutions was that the Alien and Sedition Acts were unconstitutional and therefore states have the right to declare laws passed by Congress unconstitutional. Republicans also argued that the Sedition Act was violating the First Amendment of the Constitution, freedom of speech (Davidson 300-301).…

    • 1344 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    Western Expansion

    • 1208 Words
    • 5 Pages

    The Atlantic Slave Trade was immensely managed based on the economic interests of Americans, especially in the South. Ralph Waldo Emerson in his address on the Fugitive Slave Law in 1851 reflects his moral perspective on the matter (Doc D). Emerson clearly states the laws violation of the Constitution as it enacts the crime of kidnapping and violates a man 's right to liberty. A provision decided at the Constitutional Convention in regards to the slave trade, the law of Congress in 1807 proclaimed it to be illegal and unconstitutional to enslave a man on the coast of Africa. Contradicting this law is the Fugitive Slave Law and the right to punish anyone who resists the re-enslaving a man on the coast of America.…

    • 1208 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    The same white Southerners were the ones that claimed that the "Northerners had betrayed the Compromise and the Constitution" (Roark 363). This shows how Douglass is correct about the Southern whites claiming that slavery is mandatory in the Constitution and other national acts. As Douglass states, slavery is not a part of the Constitution, but rather it is a part of the mindsets that the people follow more than the law itself. Similar to slavery in the eighteen-hundreds, the two-thousands has its own issue regarding, human trafficking. Human trafficking is the act of controlling another person to engage in commercial sex or soliciting labor against their will and without consent.…

    • 779 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Board of Education overturned the past decision of Plessy v. Ferguson and established that segregating children in public schools due to race was unconstitutional. In 1896, Plessy v. Ferguson stated that segregating these facilities would remain constitutional as long as the blacks had equal facilities as the whites and vice versa. When Oliver Brown’s child was denied acceptance into a white school, he brought attention to the violation of the Equal Protection Clause, but was dismissed by the federal courts. These courts believed that under the Plessy doctrine, although the white and black schools weren’t exactly equal, they were equal enough to not be considered unconstitutional. However, Brown didn’t settle.…

    • 1408 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    In response to the decision, “96 of the 128 southern senators and representatives in Congress signed a so-called Southern Manifesto castigating the Supreme Court’s reasoning in the Brown case” (Shi and Mayer 281). The Southern Manifesto seemed to have some key arguments to their defense of the previously segregated school system. One argument regarded a misuse of judicial power in the court case. It argued that neither the Fourteenth Amendment nor the rest of the Constitution mentioned education and using it as a defense for the Brown vs Board of Education case affected “the system of education maintained by the states” (Shi and Mayer 281). Therefore, the states felt that the court decision interfered with the state controlled entities.…

    • 952 Words
    • 4 Pages
    Decent Essays