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To: DJ MacWoW
Hate to tell you but South Carolina lost the nullification crisis of 1832. Andy Jackson and the federal government won. We almost had a civil war in 1832 but no other state supported South Carolina and Calhoun's idea of nullification on the federal level. Law was passed making nullification illegal. It is up to the feds to enforce if they so choose.
I suggest you read up on this idea.
The Kentucky and Virginia resolutions DID NOT nullify any law.
The law you are referring to was the Alien and Sedition Acts and Jefferson and Madison did think they were unconstitutional.
The states in question passed resolutions. They relied on the other states for support and neither Kentucky nor Virginia said they could nullify the law. They wanted to apply public pressure to get the law changed in the next legislative session before Congress.
In point of fact no other states supported Kentucky or Virginia.
The 1799 Resolutions did not assert that Kentucky would unilaterally refuse to enforce the Alien and Sedition Acts. Rather, the 1799 Resolutions declared that Kentucky “will bow to the laws of the Union” but would continue “to oppose in a constitutional manner” the Alien and Sedition Acts. The 1799 Resolutions concluded by stating the Kentucky was entering its “solemn protest” against those Acts.
The Supreme Court rejected the compact theory of which these resolutions relied. McCulloch v. Maryland etc. reject this idea.
In the case of Cooper v. Aaron the Supreme Court held that under the Supremacy Clause, federal law was controlling and the states did not have the power to evade the application of federal law. The Court specifically rejected the contention that Arkansas’ legislature and governor had the power to nullify the Brown decision.
85 posted on 01/22/2014 5:30:22 PM PST by prof.h.mandingo (Buck v. Bell (1927) An idea whose time has come (for extreme liberalism))
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To: prof.h.mandingo

There is no law against nullification. Jackson merely issued a proclamation, much like Obama does. Congress passed the Force Act that authorized the use of military force against any state that resisted the tariff acts which is what South Carolina was fighting. However, the tariffs were lowered as a result of South Carolina’s actions.


86 posted on 01/22/2014 5:47:31 PM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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