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First, they argued that a protective tariff was unconstitutional, since the Constitution only explicitly authorized revenue tariffs. Recalling none, many Southerners again embraced the doctrines of strict constructionism and localism. The election of Andrew Jackson in temporarily cooled the controversy, as Southerners expected the Tennessean to reduce the tariff.

They assert that low prices are necessary consequences of excess of supply, and that the only proper correction is in diminishing the quantity… They also complained much of low prices, but instead of diminishing the supply as a remedy, they demanded an enlargement of their market by the exclusion of all competition in the home market.

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Ultimately, it is this sectionalism and counter-majoritarianism which pushed South Carolina to adopt nullification, allowing resistance by an individual state. Following the publication of the Exposition and Protest in , the South Carolina legislature debated how to proceed. Despite widespread discontent over the tariff, the legislature fell short of the two-thirds majority necessary to call a convention both in and In , during a statewide nullification campaign, then-Vice President Calhoun delivered his famous Fort Hill Address.

That next year, in , Congress passed a new tariff.

Trump considers sending illegal immigrants to sanctuary cities

Comparisons between the sanctuary movement and the South Carolina nullifiers are thus inappropriate from both a theoretical and a practical perspective. As such a party, South Carolina insisted on exercising its right to judge infractions of the constitutional compact. As of Spring , neither California nor any other state appears to have any plans to call a nullification convention to address the sanctuary issue. Neither has any state or city formally appealed to compact theory to justify its opposition to federal immigration policy—much less a version of compact theory which denies the collective nature of the constitutional order.

No special conventions have been held…Put simply, there is no nullification. Though the comparison between the South Carolina nullifiers and the sanctuary movement may be inapt, nullification—and the concerns underlying nullification—predated the Crisis. Nullification originated with Thomas Jefferson in the s, along with the related doctrine of interposition developed by James Madison. Yet, in reality—as analysis of the origins of nullification reveals—the sanctuary movement remains fundamentally incompatible with the pre-Crisis understanding of nullification as well.

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More promising, however, than comparison to either iteration of nullification is that between the sanctuary movement and another oft-forgotten doctrine: interposition. By identifying both similarities and differences, we may better understand the doctrines themselves, and better assess their potential relevance in our contemporary legal and political culture. Historian Thomas E. Woods Jr. It is, in fact, the most important question of all. That important question is by no means a new one. From the moment the Revolution ended, people argued about what the United States was or should be.

Nationalists and centralizers clashed with decentralizers and localists. Many—Madison included—quickly became frustrated by the Articles, however. The debate did not end with what ultimately became the Constitutional Convention, or with the drafting of the Constitution, however. Whether or not the conflict was destined, it reignited with vigor in , barely a decade after the Constitution had come into effect.

The events of have their origins in the geopolitical conflict between Britain and France. Despite having declared—and secured—their independence from Britain, the American states remained subject to European influence at the close of the 18th century. A debate soon emerged in the young republic as to whether the United States should align itself with Britain or with France, particularly as France and Britain went to war in In response to rising tensions with its former colonial master, the United States signed the Jay Treaty with Britain in Many Americans, still suspicious of the British and their sympathizers, felt the treaty failed to further American interests.

John Adams assumed office in amid these rising tensions. This first Federalist bill increased the pre-naturalization residency requirement from 5 to 14 years. Republicans were particularly bothered by the Alien Friends Act, which they believed overstepped the Constitution. The Federalists not only passed laws touching aliens, however, but also American citizens. The Sedition Act, signed a few weeks after the Alien Acts, targeted dissenters writ large.

Compared to the Alien Acts, which were rarely if ever used, the Sedition Act claimed several high profile victims. One early victim was Matthew Lyon, a bombastic and unyielding Congressman from Vermont. Though the Federalists and their judges scored temporary victories against Lyon and the like, their heavy-handed approach only fanned the flames of opposition, and convictions created a pantheon of Republican martyrs.

If Adams hoped the Alien and Sedition Acts would encourage domestic tranquility, he was sorely mistaken. Most significantly, his actions directly inspired the Virginia and Kentucky Resolutions—and the resulting doctrines of interposition and nullification. It holds that a state may, by right, strike unconstitutional federal laws within its territory.

Not only may individual states decide whether or not federal laws are constitutional, but they may also invalidate laws they deem unconstitutional.

Underlying nullification are the concepts of consent, constitutionalism and compact theory. The doctrine itself was initially articulated by Thomas Jefferson in his draft of the Kentucky Resolutions of , and then again by the Kentucky legislature in its Resolutions of Nullification was controversial from the beginning—even before the South Carolina Nullification Crisis. Then as now, both supporters and opponents understood nullification as embracing a strong role for the states, and a comparatively weaker role for the federal government.

The ideas underlying nullification predate the Quasi War, the tariff wars, or the Civil War. At its most basic, nullification rests on the idea of consent. As a philosophical matter, nullification rests on the Enlightenment idea that because people enjoy certain natural rights—i. Relatedly, nullification also rests on the concept of constitutionalism—the idea that all government authority should be subordinate to a consented-to body of fundamental law.

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In such a constitutional system, laws must accord with the fundamental law—or constitution—to be considered legitimate. More recently, as Thomas E. It is void and of no effect. Finally, nullification is rooted in compact theory. In particular, however, nullification is rooted in a version of compact theory which conceives of the states individually, rather than collectively, as the parties to the compact.

Taken together, these resolves illustrate why Jefferson thought nullification useful, necessary, and justified. The resolves then transition to criticizing particular government actions. The second resolve opposes the federalization of certain crimes.