How did South Carolina justify nullifying a federal law?

1 answer

South Carolina justified nullifying a federal law through the doctrine of nullification, which holds that states have the right to declare federal laws unconstitutional and therefore not enforceable within their borders.

In the case of South Carolina, the controversy arose with the Tariff of 1828, commonly known as the "Tariff of Abominations." This tariff imposed high import duties on various goods, particularly manufactured goods that the Southern states heavily relied upon. South Carolina, being highly dependent on agriculture and relying on imported manufactured goods, perceived this tariff as detrimental to its economy and believed it unfairly benefitted Northern industrial interests at the expense of the Southern states.

In response, South Carolina adopted an ordinance of nullification on November 24, 1832, asserting that the Tariff of 1828 and subsequent tariff acts were unconstitutional and unenforceable within the state. The justification for nullification was based on the principles of states' rights and strict constructionism, which emphasized a narrow interpretation of federal powers outlined in the United States Constitution.

South Carolina argued that the federal government was created by a compact between the states, and as a result, the states had the ultimate authority to determine the constitutionality of federal laws. According to their interpretation, if a state deemed a federal law to be unconstitutional, it had the right to nullify that law within its borders and prevent its enforcement.

The state further fortified its position with the "Exposition and Protest," written by Vice President John C. Calhoun, a prominent South Carolinian politician. The document outlined the state's grievances against the tariff and provided a legal and constitutional foundation for their nullification action.

Ultimately, this standoff between South Carolina and the federal government was defused through political negotiations and compromises, specifically the Tariff of 1833 and the Force Bill. These measures lowered the tariffs and provided a face-saving resolution for both sides. The nullification crisis, however, highlighted the ongoing tension between states' rights and federal authority in the United States.