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Topic: Doctrine of Nullification


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In the News (Wed 30 Dec 09)

  
  NULLIFICATION - LoveToKnow Article on NULLIFICATION
The doctrine of nullification as a constitutional theory was probably never held by a majority of the states or of the American people at any one time, though before 1860 most of the states asserted or practised it.
The belief in nullification was based on the theory that the union of the states was a voluntary one, each member retaining its sovereignty, though for purposes of convenience delegating certain powers of government to an agent the federal government.
The earliest assertions of the doctrine of nullification are found in the Kentucky and Virginia Resolutions of 1798-1799, written respectively by Thomas Jefferson and James Madison in protest against the Alien and Sedition Acts of Congress.
www.1911encyclopedia.org /N/NU/NULLIFICATION.htm   (649 words)

  
 nullification. The Columbia Encyclopedia, Sixth Edition. 2001-05
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 Resolutions 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. Calhoun in his South Carolina Exposition (1828).
www.bartleby.com /65/nu/nullific.html   (433 words)

  
 "Nullification, Secession, and John Caldwell Calhoun: The Philosophy and Thought Which Led a State"   (Site not responding. Last check: 2007-09-10)
The words "nullification" and "secession" either describe the core values of the States’ Rights movement, the means by which the Union was nearly destroyed, or simply have no meaning at all.
According to Ames, nullification was the way in which there could be a "theoretical reconciliation" of individual state sovereignty and the existing federal government (6).
By a vote of 136 Yeas to 26 Nays, the Ordinance of Nullification was passed, and the Tariffs of 1828 and 1832 were "null, void, and no law, nor binding upon this State, its officers, or citizens" (Bancroft, 129).
members.aol.com /taftmatney/calhoun.html   (2304 words)

  
 Nullification - Wikipedia, the free encyclopedia
The Nullification Crisis in the United States of America, in which South Carolina passed legislation legalizing its invalidation of objectionable federal laws.
Jury nullification, a legal term that refers to a jury's right to deliver a verdict in contradiction to written law.
Body nullification, the practice of removing body parts.
en.wikipedia.org /wiki/Nullification   (130 words)

  
 WEBSTER - LoveToKnow Article on WEBSTER   (Site not responding. Last check: 2007-09-10)
The tariff of 1828 aroused bitter opposition in South Carolina, and called from Vice-President Calhoun the statement of the doctrine of nullification which was adopted by the South Carolina legislature at the close of the year and is known as the South Carolina Exposition.
Senator Robert Y. Hayne, from the same state, voiced this doctrine in the Senate, and Webster's reply was his most powerful exposition of the national conception of the Union.
He showed the revolutionary and unpractical character of any doctrine such as nullification (q.v.) based on the assumption that the general government was the agent of the state legislatures.
10.1911encyclopedia.org /W/WE/WEBSTER.htm   (1000 words)

  
 Anti-democratic Movement/Nullification   (Site not responding. Last check: 2007-09-10)
27 The key to the doctrine of the compact republic is the assertion of the voluntary nature of cooperation between the states and the federal government.
Nullification in the broadest sense allows a subunit of government to unilaterally declare a law passed by a supreme authority null and void.
Nullification underlies attempts by the anti-democratic Right to deny, challenge and subvert the authority of the federal government to defend the rights of the people as a whole against the transgressions of the propertied elite minority.
nwcitizen.com /publicgood/reports/nullify.htm   (5220 words)

  
 Davis Leaves the Senate
Calhoun advocated the doctrine of nullification, which he proclaimed to be peaceful, to be within the limits of State power, not to disturb the Union, but only to be a means of bringing the agent before the tribunal of the States for their judgement.
It is by this confounding of nullification and secession that the name of a great man whose ashes now mingle with his mother earth has been invoked to justify coercion against a seceded State.
I well remember an occasion when Massachusetts was arraigned before the bar of the Senate, and when the doctrine of coercion was rife, and to be applied against her, because of the rescue of a fugitive slave in Boston.
sunsite.utk.edu /civil-war/davisexit.html   (1458 words)

  
 [No title]
It is not my purpose to defend the doctrine of Nullification, or to say how far General Jackson as President was right in issuing a Proclamation declaring his purpose to execute the laws in that instance.
Nullification, without Secession, was a remedy she resorted to, to defeat the operation of' protective laws passed by the Congress.
Many who agreed with him thoroughly in his position on Nullification thought that there were principles in that paper, not bearing directly on that question, however, which were inconsistent with the true principles of State fights and State Sovereignty, and which savored much of the doctrines of the Consolidationists of the elder Adams' times.
www.constitution.org /cmt/ahs/consview10.txt   (11525 words)

  
 The Papers of Jefferson Davis
Nullification is a remedy which it is sought to apply within the Union, and against the agent of the States.
[John C.] Calhoun advocated the doctrine of nullification, which he proclaimed to be peaceful, to be within the limits of State power, not to disturb the Union, but only to be a means of bringing the agent before the tribunal of the States for their judgment.
I well remember an occasion when Massachusetts was arraigned before the bar of the Senate, and when then the doctrine of coercion was rife and to be applied against her because of the rescue of a fugitive slave in Boston.
jeffersondavis.rice.edu /resources.cfm?doc_id=1507   (1466 words)

  
 nullification - Hutchinson encyclopedia article about nullification   (Site not responding. Last check: 2007-09-10)
In US history, doctrine asserting the right of states to ignore any federal law that they deem unconstitutional.
The theory was set out by US vice president John C Calhoun, based on the idea that the Union is a voluntary coalition, with sovereign states and a federal government whose powers are restricted specifically to the US Constitution.
The Confederate states used this doctrine to defend their right of secession.
encyclopedia.farlex.com /nullification   (121 words)

  
 JC Calhoun, SC Exposition and Protest, Nullification Crisis   (Site not responding. Last check: 2007-09-10)
This doctrine was based on the idea expressed in the Virginia and Kentucky Resolutions of 1798--that the states hade a right to judge the constitutionality of federal actions.
The origins of the doctrine of nullification are way back in the 1790s, when strict constructionism, states' rights, and hostility to national consolidation became principles of the Jeffersonian Republican party.
John Calhoun, the foremost exponent of nullification theory, invoked the language and princpiples of 1798.
www.owlnet.rice.edu /~mwfriedm/terms/karen8.html   (648 words)

  
 NULLIFICATION - Online Information article about NULLIFICATION   (Site not responding. Last check: 2007-09-10)
doctrine of nullification as a constitutional theory was probably never held by a See also:
Calhoun (q.v.), the theory of I remarkable discoveries to the skilful excavations of Dr Schulten nullification required a practice as follows.
The earliest assertions of the doctrine of nullification are found in the See also:
encyclopedia.jrank.org /NEW_NUM/NULLIFICATION.html   (817 words)

  
 Jury Nullification   (Site not responding. Last check: 2007-09-10)
There seems to be nearly universal agreement that juries have the power to nullify the law, that is, to acquit a defendant regardless of the strength of the evidence against him or her.
A notorious case that has become the cause celebre for advocates of jury nullification and the sanctity of secret deliberations is that of Colorado juror Laura Kriho.
In 1996, Kriho refused to convict a 19-year-old arrested on charges of felony possession of amphetamines.16 Several of her fellow jurors testified that, during deliberations, Kriho raised the issues of jury nullification and suggested that drug cases should be handled in the community, not the courts.
www.clr.org /jury-nullification-2.html   (1061 words)

  
 Null and Void: A Response to Thomas Woods
portrays the doctrine of nullification as a “constitutional remedy” for “federal usurpations” of state rights, and suggests that the doctrine might give hope to future generations wanting to oppose the growth of federal bureaucracy.
’s objections to nullification, however, reveals that the theory is a false hope for libertarians, and in fact, deeply misconstrues the fundamental nature of the American Constitution.
The doctrine of nullification rests implicitly on the contrary presumption—that the Constitution is a treaty between the state governments, which still retain sovereignty to interpose themselves between the citizen and the federal government.
www.geocities.com /sande106/nullif.htm   (2184 words)

  
 America In the Early 19th Century: Topic:
Calhoun resigned from the position of vice president in 1832, because he wanted to be in the senate, he thought he could help his country more, if he was in the senate.
The Bank was destroyed, nullification was put down, Indians were herded west, and the Democrats were in control.
Nullification is to declare a certain law that will not be enforced.
www.cyberlearning-world.com /lessons/ushistory/19thcentury/nullify5.htm   (610 words)

  
 Nullification in Mississippi
The spirit of nullification was keyed to a higher pitch by the passage of the new tariff act.
In it, the object of the party is explained, the doctrine of State sovereignty enunciated, and all opposed to the proclamation and the "force bill" invited to unite to arrest the progress of the dangerous principles and still more dangerous acts of the administration.
During its progress, the doctrine of State sovereignty and the consequent rights of nullification and secession were accepted by some within the State and made familiar to all, and a group of leaders was developed to which the State could turn when its interests inclined it toward these principles and policies.
www.datasync.com /~jtaylor/Nullif.htm   (6154 words)

  
 Jury Nullification
Jury nullification is the power and ability of a criminal trial jury, federal or state, to acquit the defendant not only on the "facts" of the case but to declare the law illegal, nonsensical, or otherwise simply not justifiably enforceable.
In light of Horning, Avery, and Burkhart, we are compelled to approve the district court's refusal to discuss jury nullification with the jury.
It wanted to know what was meant by the idea of "jury nullification." The Court responded by telling the jury that it had no power to engage in jury nullification and that was the end of the matter.
home.earthlink.net /~dlaw70/jurnul.htm   (3072 words)

  
 National Park Service: The U.S. Constitution
The doctrine of nullification involved an argument concerning the nature of the union as defined by the writers of the Constitution and addressed the question-"Was the United States a compact of sovereign states, each retaining ultimate authority, or was the United States one nation formed by the people through the writing of the Constitution?"
Calhoun was Jackson's principal opponent in the nullification crises of 1832.
Secession was the culmination of the theory of nullification and proslavery constitutionalism.
www.cr.nps.gov /history/online_books/butowsky2/constitution4.htm   (4796 words)

  
 nullification
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. Calhoun
Jury nullification: when jurors leave the law behind.
www.infoplease.com /ce6/history/A0836166.html   (455 words)

  
 Welcome to The American Presidency
The first codifications of the doctrine of states' rights were written by Jefferson and Madison and were known as the Kentucky and Virginia Resolutions.
In the 1820s Georgia asserted the doctrine in a dispute with the federal government over its treatment of Native Americans and its efforts to acquire land from the tribes.
The states revived the nullification doctrine and sought to impose it over the issue of slavery by preempting any attempts by the national government toward abolition.
ap.grolier.com /article?assetid=1004545-h&templatename=/article/articl...   (985 words)

  
 Jefferson Davis: Speech before the Senate   (Site not responding. Last check: 2007-09-10)
Nullification is a remedy which it is sought to apply within the Union, and against the agent of sates.
Calhoun advocated the doctrine of nullification, which he proclaimed to be peaceful, to be within the limits of state power, not to disturb the Union, but only to be a means of bringing the agent before the tribunal of the states for their judgment.
If it be the purpose of gentlemen, they may war against a state which has withdrawn from the Union; but there are no laws of the United States to be executed within the limits of a seceded state.
www.pointsouth.com /csanet/greatmen/davis/pres-ad3.htm   (1284 words)

  
 Freedomlaw.com Intriguing Doctrine of Jury Nullification
Jury nullification, despite the role it played in the O.J. Simpson trial, has had a long and meaningful tradition.
Jury nullification has been praised, in that the acquittal reflects a democratic process by which the jury can interpose its own moral or political judgment in defiance of an unpopular expression of governmental action.
In addition to the Simpson Case, jury nullification has played a significant role in other recent high profile cases, in which despite the obvious evidence that the defendant committed the crime charged yet the jury disregarded the evidence and acquitted in whole or part.
www.freedomlaw.com /JryMarke.html   (1160 words)

  
 nullification --  Britannica Concise Encyclopedia - The online encyclopedia you can trust!   (Site not responding. Last check: 2007-09-10)
Doctrine upholding the right of a U.S. state to declare null and void an act of the federal government.
First enunciated in the Virginia and Kentucky Resolutions (1798), it was expanded by John C. Calhoun in response to the Tariff of 1828.
Thomas Jefferson and James Madison advocated nullification in the Virginia and Kentucky Resolutions of 1798.
britannica.com /ebc/article-9373751?tocId=9373751&query=null&ct=null   (705 words)

  
 American Federalism, 1776 to 1997: Significant Events
The doctrine of nullification held that any state could suspend within its boundaries the operation or implementation of any federal law it deemed to be unconstitutional.
Calhoun's theory of nullification would have allowed a state to declare a federal law null and void within that state unless 3/4ths of the states ratified an amendment that granted Congress the power to enact the law.
The Wisconsin legislature, enunciating the doctrine of nullification and states' rights, declared null and void the Supreme Court decision that reversed the State Supreme Court decision.
usinfo.state.gov /usa/infousa/politics/states/federal.htm   (6830 words)

  
 [No title]   (Site not responding. Last check: 2007-09-10)
History of the impact of jury veto power on important political conflicts, with particular emphasis on the Vietnam War protest movement and on the denial of jury nullification as a means to suppress dissent.
Good discussion of the history of jury nullification and an analysis of issues affecting the modern jury.
Study of the effects of giving jury nullification instructions; responsible behavior is the norm.
nowscape.com /fija/_biblio.htm   (508 words)

  
 Standard Weekly Lies by Thomas DiLorenzo
On the doctrine of nullification, which Boot hysterically denounces, Woods provides a clearly-written, scholarly account of it that relies on the writings and statements of Jefferson, Daniel Webster, Joseph Story, James Madison, and Alexander Hamilton, among others.
This statement by Hamilton is an expression of what would become Jefferson’s doctrine of nullification.
And the tariff nullification issue of 1828 had to do with the export-dependent South’s being politically plundered by protectionist tariffs, not the issue of slavery.
www.lewrockwell.com /dilorenzo/dilorenzo90.html   (902 words)

  
 AMAsearchdetail   (Site not responding. Last check: 2007-09-10)
South Carolina, inspired by nullification's eloquent champion John Calhoun, voted to nullify the tariffs.
South Carolina was soon on the brink of secession, and the nation on the edge of war.
A compromise tariff defused the "bombshell" issue of nullification, but it was only a temporary measure, as the events of the next three decades and the Civil War would prove.
www.fofweb.com /onfiles/ama/amasearchdetail.asp?recordpin=3086   (133 words)

  
 Jury Nullification   (Site not responding. Last check: 2007-09-10)
Jury nullification, or, as it is sometimes known, "jury nullification of the law," is defined in Black's Law Dictionary as the de facto power a jury in a criminal case possesses to acquit a defendant regardless of the strength of the evidence against him or her.
Type in "jury nullification" on your computer, and your Internet search results will be virtually infinite, with law professors and organizations like "Fully Informed Jury Association" providing their respective views.
In sum, then, the practice of jurors' interpreting the law as well as fact and acting according to their individual consciences rather than necessarily adhering to the law is a practice older than our nation itself.
www.clr.org /jury-nullification-1.html   (862 words)

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