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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.
The nullification crisis was a sectional political crisis in the United States in 1832 and 1833, ... an important internal-improvements program ...
That repellent practice cannot be directly arrested without jeopardizing important constitutional protections-the double jeopardy bar and the jury's power of nullification. But the revulsion and sense of shame fostered by that practice fueled the civil rights movement, which in turn made possible the enactment of major civil rights legislation.
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.
Jury nullification may also occur in civil suits, in which the verdict is generally a finding of liability or lack of liability (rather than a finding of guilty or not guilty). [22] The main ethical issue involved in jury nullification is the tension between democratic self-government and integrity. [23]
The bill was vehemently denounced in the South and escalated to a threat of civil war in the Nullification Crisis of 1832–33. The tariff was replaced in 1833, and the crisis ended. It was called the "Tariff of Abominations" by its Southern detractors because of the effects it had on the Southern economy.
Beyond that, it's important not to whitewash history simply because it makes some people squirm or undermines a party's political agenda. ... Forgetting is a step toward nullification ...
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