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Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws that they deem unconstitutional with respect to the United States Constitution (as opposed to the state's own constitution).
Nullification may refer to: Nullification (U.S. Constitution), a legal theory that a state has the right to nullify any federal law deemed unconstitutional with respect to the United States Constitution Nullification Crisis, the 1832 confrontation between the U.S. government and South Carolina over the latter's attempt to nullify a federal law
Historian Henry Brooks Adams explains that the anti-slavery North took a consistent and principled stand on states' rights against federal encroachment throughout its history, while the Southern states, whenever they saw an opportunity to expand slavery and the reach of their political influence, termed Slave Power, often conveniently forgot ...
The nullification crisis was a sectional political crisis in the United States in 1832 and 1833, during the presidency of Andrew Jackson, which involved a confrontation between the state of South Carolina and the federal government.
It is necessary that tribunal judges study the jurisprudence of the Roman Rota, since the rota is responsible to promote the unity of jurisprudence and, through its own sentences, to be of assistance to lower tribunals (Dignitas Connubii, art. 35, citing Pastor bonus, art.126).
Nullification is a legal theory that a state has the right to nullify, or invalidate, any federal law it deems unconstitutional. In Calhoun's words, it is "the right of a State to interpose, in the last resort, in order to arrest an unconstitutional act of the General Government, within its limits". [ 65 ]
Jury nullification has also been criticized for having resulted in the acquittal of whites who victimized blacks in the Deep South. David L. Bazelon argued, "One often-cited abuse of the nullification power is the acquittal by bigoted juries of whites who commit crimes (lynching, for example) against blacks.
Jury nullification may also occur in civil suits, in which the verdict is generally a finding of liability or lack of liability (rather than a finding of guilty or not guilty). [20] The main ethical issue involved in jury nullification is the tension between democratic self-government and integrity. [21]