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The Constitution does not contain any clause expressly providing that the states have the power to declare federal laws unconstitutional. Supporters of nullification have argued that the states' power of nullification is inherent in the nature of the federal system. They have argued that before the Constitution was ratified, the states essentially were separate nation
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
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.
"Liberty and Union, now and for ever, one and inseparable!", a famous excerpt from the "Second Reply to Hayne" speech given by Senator Daniel Webster during the Nullification Crisis. The full speech is generally regarded as the most eloquent ever delivered in Congress. The slogan itself would later become the state motto for North Dakota.
The term derives from the Virginia and Kentucky Resolutions written in 1798 by James Madison and Thomas Jefferson, respectively.They led a vocal segment of the Founding Fathers that believed that if the federal government, if it is the exclusive judge of its limitations under the US Constitution, would eventually overcome those limits and become more and more powerful and authoritarian.
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The immediate response to the Ordinance of Nullification was to substantially reduce the tariffs imposed on South Carolina and other states in the South. Jackson proposed this approach in his annual message to Congress on December 4, 1832, shortly before the creation of the Proclamation to the People of South Carolina.
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