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The Constitution does not contain any clause expressly providing that the states have the power to declare federal laws unconstitutional. Supporters of nullification have argued that the states' power of nullification is inherent in the nature of the federal system. They have argued that before the Constitution was ratified, the states essentially were separate nation
The Kentucky Resolutions of 1799, while claiming the right of nullification, did not assert that individual states could exercise that right. Rather, nullification was described as an action to be taken by "the several states" who formed the Constitution. The Kentucky Resolutions thus ended up proposing joint action, as did the Virginia Resolution.
The nullification crisis was a sectional political crisis in the United States in 1832 and 1833, during the presidency of Andrew Jackson, which involved a confrontation between the state of South Carolina and the federal government.
By a vote of 136 to 26, the convention overwhelmingly adopted an ordinance of nullification drawn by Chancellor William Harper. It declared that the tariffs of both 1828 and 1832 were unconstitutional and unenforceable in South Carolina. [19] President Jackson could not tolerate the nullification of a federal law by a state.
For example, during the Nullification Crisis of 1828-1832, John C. Calhoun argued in his South Carolina Exposition and Protest that the states, as the parties to a compact, had the right to judge for themselves whether the terms of the compact were being honored. Calhoun described this "right of judging" as "an essential attribute of ...
The Tariff of 1832 (22nd Congress, session 1, ch. 227, 4 Stat. 583, enacted July 14, 1832) was a protectionist tariff in the United States.Enacted under Andrew Jackson's presidency, it was largely written by former President John Quincy Adams, who had been elected to the House of Representatives and appointed chairman of the Committee on Manufactures.
John C. Calhoun further explains the nullification doctrine in an open letter to South Carolina Governor James Hamilton Jr., arguing that the Constitution only raises the federal government to the level of the state, not above it. He argues that nullification is not secession and does not require secession to take effect. [104]
Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional.