Debate Over Nullification A leader in the South's fight against the tariff was Vice President John Calhoun, whose home state was South Carolina. He claimed that a state had the right to nullify, or cancel, a federal law that the state considered to be unconstitutional. This idea is called nullification. Calhoun believed that the states' rights gave them power over the provisions of the Constitution.
He argued that states could reject federal laws that they thought violated the constitution, because the states had joined together to form the federal government based on their understanding of the Constitution. Daniel Webster, a Senator from Massachusetts, disagreed. He made a speech in 1830 to the Senate attacking the idea of nullification. The Constitution, he said, united the American people, not just the states, as a nation. If states had the right to nullify federal laws, the nation would fall apart. The U.S. Supreme Court had also ruled against earlier attempts at nullification, arguing that the provisions of Article III of the U.S. Constitution gave federal courts, not states, the right to decide on the constitutionality of federal laws.President Jackson agreed with the views of Webster and the Supreme Court. Because Calhoun strongly disagreed with Jackson, he resigned from the office of Vice President. He was then elected as a senator from South Carolina. The debate over nullification would continue for years.
The Nullification Act Leads to Crisis Anger against the tariff increased in the South. Congress passed a new law in 1832 that lowered the tariff slightly. South Carolina was not satisfied. It passed the Nullification Act, declaring the new tariff illegal. It also threatened to secede, or withdraw, from the Union if challenged. Jackson was furious. He knew that nullification could lead to civil war.
To defuse the crisis, Henry Clay, now a senator from Kentucky, proposed a lower compromise tariff, which President Jackson supported. Jackson also asked Congress to pass the Force bill, which allowed him to use the army, if necessary, to enforce the tariff. Daniel Webster sided with Jackson on the Force bill but opposed Clay's compromise tariff. However, Congress passed both the compromise tariff and the Force bill. Faced with Jackson's firm stand, no other state chose to support South Carolina. Calhoun supported the compromise tariff that Clay had proposed. South Carolina repealed its Nullification Act, and the Nullification Crisis passed. National identity had proven stronger than the claim of a single state. However, tensions between the North and South would lead to increased sectionalism in the years ahead.1787: The Constitution divides power between the states and the federal government.
1798: Kentucky and Virginia claim that states can nullify laws deemed unconstitutional.
1814 to 1815: At the Hartford Convention, opponents of the War of 1812 insist that states have the right to secede.
1832: South Carolina claims the right to nullify tariffs, but it backs down when President Jackson threatens to use force against it.
reading this answer the question Explain the issues of nullification and states’ rights
11 answers
On the other hand, opponents of nullification, such as Senator Daniel Webster, believed that the Constitution united the American people as a nation, not just as individual states. They argued that if states were allowed to nullify federal laws, it would undermine the strength and unity of the nation. Furthermore, they pointed to the U.S. Supreme Court's ruling that federal courts, not states, had the right to determine the constitutionality of federal laws.
The issue of nullification came to a head in the 1830s when South Carolina, led by Calhoun, declared the new tariff passed by Congress to be illegal and threatened to secede from the Union if challenged. This triggered a crisis, as President Andrew Jackson, firmly opposed to nullification, saw it as a potential cause for civil war.
To defuse the crisis, Henry Clay proposed a compromise tariff that lowered the rates, which Jackson supported. Additionally, Jackson asked Congress to pass the Force bill, granting him the power to use the military to enforce the tariff if necessary. South Carolina ultimately backed down and repealed the Nullification Act, avoiding an escalation of the crisis.
The debate over nullification and states' rights highlighted the ongoing tensions between the North and South in the United States. While the immediate crisis was resolved, these tensions would persist and eventually lead to increased sectionalism, ultimately culminating in the American Civil War.
issues of nullification and
issues states’ rights
Nullification refers to the belief that states have the power to cancel, or nullify, federal laws that they believe are unconstitutional. Supporters, like John Calhoun, argued that states had the right to protect their interests and that the Constitution allowed for this.
States' rights are the powers and privileges granted to individual states within a federal government. Supporters of states' rights believed that states should have more control over their own affairs and be able to make decisions that best suited their own interests.
The debate over nullification and states' rights centered around the question of how much power should be held by the federal government versus the individual states. Supporters of nullification and states' rights believed that states should have greater authority and the ability to reject federal laws they deemed unconstitutional. On the other hand, opponents argued that the Constitution established a strong federal government that should have the final say on issues of law and constitutional interpretation.
These issues raised fundamental questions about the balance of power between the federal government and the states, and they played a significant role in shaping American politics and constitutional debates during the 19th century.