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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 ...
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 ...
Calhoun offered the concurrent majority as the key to achieving consensus, a formula by which a minority interest had the option to nullify objectionable legislation passed by a majority interest. The consensus would be effected by this tactic of nullification, a veto that would suspend the law within the boundaries of the state. [3] [4]
Nullification is a legal theory that a state has the right to nullify, or invalidate, any federal law it deems unconstitutional. ... in accordance with Calhoun's ...
The South Carolina Exposition and Protest, also known as Calhoun's Exposition, was written in December 1828 by John C. Calhoun, then Vice President of the United States under John Quincy Adams and later under Andrew Jackson. Calhoun did not formally state his authorship at the time, though it was widely suspected and later confirmed.
Considered an early American third party, it was started by John C. Calhoun in 1828. [ 1 ] The Nullifier Party was a states' rights party that supported strict constructionism with regards to the U.S. government's enumerated powers, holding that states could nullify federal laws within their borders.
Calhoun's "Exposition and Protest" started a national debate on the doctrine of nullification. The leading proponents [ 58 ] of the nationalistic view included Daniel Webster, Supreme Court Justice Joseph Story , Judge William Alexander Duer , John Quincy Adams, Nathaniel Chipman , and Nathan Dane .
In response, several South Carolina citizens endorsed the "states rights" principle of "nullification", which was enunciated by John C. Calhoun, Jackson's vice president until 1832, in his South Carolina Exposition and Protest (1828).