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The theory of state nullification has never been legally upheld by federal courts, [4] although jury nullification has. [2] The theory of nullification is based on a view that the states formed the Union by an agreement (or "compact") among the states, and that as creators of the federal government, the states have the final authority to ...
The nullification crisis was a sectional political crisis in the United States ... They subscribed to the legal theory that if a state believed a federal law ...
Nullification may refer to: Nullification (U.S. Constitution), a legal theory that a state has the right to nullify any federal law deemed unconstitutional with respect to the United States Constitution Nullification Crisis, the 1832 confrontation between the U.S. government and South Carolina over the latter's attempt to nullify a federal law
Interposition is a claimed 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 assumes the right to "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.
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.
Nullification is a legal theory that a state has the right to nullify, or invalidate, any federal law it deems unconstitutional. In Calhoun's words, it is "the right of a State to interpose, in the last resort, in order to arrest an unconstitutional act of the General Government, within its limits". [ 65 ]
In 1832, as vice president under Jackson, Calhoun went public with his ideas during the nullification crisis. Both that and the political fallout from the Petticoat affair ended friendly relations between Calhoun and Jackson. As a result, Calhoun was replaced as Jackson's running mate in the 1832 election by Martin Van Buren.
Nullification, an outgrowth of Jeffersonian compact theory, held that any state, as part of its rights as sovereign parties to the Constitution, had the power to declare specific federal laws void within its borders if it considered the law to be unconstitutional. Therefore, under Calhoun's schema, a law required two forms of majorities: a ...