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This is not nullification, even if the courts uphold the state's position and declare the federal statute unconstitutional. The theory of nullification is that the states have the unilateral power to determine the constitutionality of federal laws, and that a state's determination of unconstitutionality cannot be reviewed or reversed by the courts.
Though the exact impact of the Force Act on South Carolina's decision to accept the Tariff of 1833 cannot be measured, undoubtedly, it made fighting for nullification a potentially devastating choice. Ultimately, the House passed the Tariff of 1833 by a vote of 119–85 and the Senate passed it by a vote of 29–16. [9]
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 Tenth Amendment of the United States Constitution has been used as a prominent tool of invoking nullification, a common tactic of those that believe in the primacy of States' rights. The Tenth Amendment reads as follows:
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.
The Force Bill, formally titled "An Act further to provide for the collection of duties on imports", 4 Stat. 632 (1833), refers to legislation enacted by the 22nd U.S. Congress on March 2, 1833, during the nullification crisis.
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, ...