nullification


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nullification,

in U.S. history, a doctrine expounded by the advocates of extreme states' rightsstates' rights,
in U.S. history, doctrine based on the Tenth Amendment to the Constitution, which states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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. It held that states have the right to declare null and void any federal law that they deem unconstitutional. The doctrine was based on the theory that the Union is a voluntary compact of states and that the federal government has no right to exercise powers not specifically assigned to it by the U.S. Constitution. The Kentucky and Virginia ResolutionsKentucky and Virginia Resolutions,
in U.S. history, resolutions passed in opposition to the Alien and Sedition Acts, which were enacted by the Federalists in 1798. The Jeffersonian Republicans first replied in the Kentucky Resolutions, adopted by the Kentucky legislature in Nov.
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 declared (1799) nullification to be the rightful remedy by the states for all unauthorized acts done under the pretext of the Constitution. A closely reasoned reinforcement to the doctrine of nullification was set forth—in response to the tariff of 1828, which favored Northern interests at the expense of the South—by John C. CalhounCalhoun, John Caldwell
, 1782–1850, American statesman and political philosopher, b. near Abbeville, S.C., grad. Yale, 1804. He was an intellectual giant of political life in his day. Early Career

Calhoun studied law under Tapping Reeve at Litchfield, Conn.
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 in his South Carolina Exposition (1828). The strong pro-Union stand of President Jackson brought forth further remonstrances from Southern leaders. After enactment of the tariff act of 1832 South Carolina called a state convention, which passed (1832) the ordinance of nullification. This ordinance declared the tariff laws null and void, and a series of enactments in South Carolina put the state in a position to resist by force any attempt of the federal government to carry the tariff act into operation. President Jackson in reply dramatically issued a strong proclamation against the nullifiers, and a force billforce bill,
popular name for several laws in U.S. history, notably the act of Mar. 2, 1833, and the Reconstruction acts of May 31, 1870; Feb. 28, 1871; and Apr. 20, 1871.
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 was introduced into the U.S. Senate to give the President authority to use the armed forces if necessary to execute the laws. Jackson, however, felt that the South had a real grievance and, behind his show of force, encouraged friends of compromise, led by Henry Clay, to prepare a bill that the South would accept. This compromise tariff was rushed through Congress, and after its passage (1833) the South Carolina state convention reassembled and formally rescinded the ordinance nullifying the tariff acts. To preserve its prerogative it adopted a new ordinance nullifying the force bill. But the issue was not pressed further until the election of Abraham Lincoln, when the doctrine of secessionsecession,
in political science, formal withdrawal from an association by a group discontented with the actions or decisions of that association. The term is generally used to refer to withdrawal from a political entity; such withdrawal usually occurs when a territory or state
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 was brought to the foreground.

Bibliography

See C. S. Boucher, The Nullification Controversy in South Carolina (1916, repr. 1968); C. M. Wiltse, John C. Calhoun: Nullifier, 1829–1839 (1949); W. W. Freehling, ed., The Nullification Era (1967); M. D. Peterson, Olive Branch and Sword: The Compromise of 1833 (1982).

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References in periodicals archive ?
The minutes provided to support the nullification of allotments were those of the general purpose committee and not the town planning committee as he had alleged in his oral submission.
In the second ruling, the COA denied the motion for reconsideration filed by the PhilHealth Mimaropa office that sought nullification of the disallowance of P48.32 million in shuttle, subsistence, laundry and grocery allowances, hazard pay, birthday gift and educational assistance it paid to its workers in the region in 2012.
" Duterte's desire to be heard comes on the heels of the controversial nullification of amnesty given to Trillanes, the spike in the country's inflation rate and the supposed ouster plots against him, among others.
class="MsoNormalHoma Bay town residents on Thursday took to the streets to celebrate the decision by the Court of Appeal to uphold High Courts nullification of Mr Awiti's poll victory.
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In most jurisdictions, defense lawyers are prohibited from telling juries about nullification, and judges and prosecutors will, if pressed, lie and tell jurors they may not vote to nullify.
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Jurors have the power and the right to do this, a practice known as nullification. Nullification has been a part of American jurisprudence at least since the 1735 sedition trial of New York journalist John Peter Zenger, in which his lawyer was permitted to argue to the jurors that they had the right to acquit him, even though the prosecution had proved its case.
This nullification applies if a man is shown to lack financial means to sustain a marriage or fulfil other marital duties, or that he mistreated his wife.
The Article further argues that considerations of raw partisanship or electoral politics as a basis for acquittal are akin to a form of nullification similar to that found in the criminal law.