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The nullification crisis was a sectional ... which involved a confrontation between the state of South Carolina and the federal government. ... McDonald, Forrest.
Forrest McDonald, Jr. (January 7, 1927 – January 19, 2016) was an American historian [1] who wrote extensively on the early national period of the United States, republicanism, and the presidency, but he is possibly best known for his polemic on the American South.
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
McDonald in We The People: The Economic Origins of the Constitution (1958) argued that Beard had misinterpreted the economic interests involved in writing the Constitution. Instead of two interests—landed and mercantile—which conflicted, McDonald asserted that there were three dozen identifiable interests that forced the delegates to bargain.
The federal government prepared for an escalation of the conflict with the Force Bill, but the crisis was averted after a compromise was made in the Tariff of 1833. Following this incident, the United States moved away from protectionism. [90] [91] Several parts of government saw major reforms during Jackson's presidency.
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.
The South Carolina legislature declared these tariffs to be null and void within their Ordinance of Nullification. [5] Besides nullifying the tariffs, it also forbade the appeal of the ordinance to the Supreme Court and prohibited the federal government from collecting duties in South Carolina after February 1, 1833. [6]
The Perpetual Union is a feature of the Articles of Confederation and Perpetual Union, which established the United States of America as a political entity and, under later constitutional law, means that U.S. states are not permitted to withdraw from the Union.