South Carolina's Nullification: Constitutional Justification Explored

how did south carolina justify nullification on constitutional gorunds

The Nullification Crisis of 1828 to 1834 was a confrontation between South Carolina and the federal government over the state's attempt to nullify federal tariff laws within its borders. South Carolina's justification for nullification was rooted in the legal theory that a state could declare a federal law null and void if it was deemed unconstitutional. Led by John C. Calhoun, South Carolina's politicians argued that the Tariff of 1828, which imposed high taxes on imported goods, unfairly burdened the Southern agrarian states and threatened their economy. They asserted that the tariff power could only be used to generate revenue and not to protect American industries from foreign competition. Additionally, they believed that the states had the right to nullify federal laws and secede from the Union if necessary. However, President Andrew Jackson strongly opposed nullification, considering it a threat to the federal union and national authority. The crisis ultimately led to a standoff between South Carolina and the federal government, with Jackson authorizing the use of force to enforce the tariff laws in the state.

Characteristics Values
Year of the nullification crisis 1828-1834
Nullification crisis was about South Carolina's refusal to collect federal tariffs
South Carolina's claim A state had the right to nullify or veto federal laws and secede from the Union
South Carolina's Ordinance of Nullification A threat to the federal union and to national authority
President during the crisis Andrew Jackson
Jackson's belief Disunion by armed force is treason
Jackson's action Submitted to Congress a Force Bill authorizing the use of federal troops in South Carolina if necessary to collect tariff duties
Date of Jackson's proclamation December 10, 1832
Jackson's argument The ordinance is founded, not on the right of resisting acts that are unconstitutional but on the position that any state may declare an act of Congress void
South Carolina's response The state will repel force by force and maintain its liberty at all hazards
Outcome South Carolina rescinded the Ordinance of Nullification

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South Carolina's nullification crisis was rooted in Southern fears over the North's movement for the abolition of slavery

The Nullification Crisis of 1832-33 was a political crisis in the United States, pitting the state of South Carolina against the federal government. The crisis was ostensibly about South Carolina's refusal to collect federal tariffs, but historians believe it was rooted in Southern fears over the growing movement in the North for the abolition of slavery.

The immediate cause of the crisis was South Carolina's attempt to nullify the federal Tariffs of 1828 and 1832, which the state declared unconstitutional and void within its borders. The Tariff of 1828, also known as the "Tariff of Abominations," was strongly opposed in the South as it was seen as benefiting the North while unfairly burdening the Southern agrarian states that imported most manufactured goods. The Southern states, including South Carolina, depended heavily on foreign trade, and many believed that the high tariffs would irreparably damage their economies.

Vice President John C. Calhoun, a native South Carolinian, became the most prominent proponent of the constitutional theory of state nullification. In 1828, he secretly drafted the "South Carolina Exposition and Protest," which declared the tariff unconstitutional and outlined the state's grievances. Calhoun argued that the federal government existed at the will of the states, and if a state found a federal law unconstitutional and detrimental to its sovereign interests, it had the right to nullify that law within its borders.

The nullification crisis was a significant event in US history, raising the spectre of military confrontation between the federal government and South Carolina. US President Andrew Jackson strongly opposed nullification, stating that "disunion by armed force is treason." The crisis was eventually resolved without military action, but it foreshadowed the Southern states' later attempts to secede from the Union, which culminated in the American Civil War.

While the Nullification Crisis centred on economic issues, it was underpinned by growing sectional tensions between the North and the South. The South's dependence on slavery, and the North's increasing movement towards abolition, created a volatile backdrop to the crisis. Southerners feared that the abolition of slavery would devastate their economies, which were heavily reliant on industries like agriculture and plantation slavery. As the debate over slavery intensified in the following decades, the legacy of the Nullification Crisis loomed large, shaping the political landscape of a nation increasingly divided over the issue of slavery.

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The Tariff of 1828 was deemed to put an unfair tax burden on Southern agrarian states

The Tariff of 1828, also known as the "Tariff of Abominations", was a highly controversial and protective tariff that imposed a tax increase of up to 50% on imported goods. This tariff was particularly detrimental to the Southern agrarian states, including South Carolina, which relied heavily on imported manufactured goods and foreign trade for their economy.

The Southern states were already facing economic challenges due to soil exhaustion and a decrease in population, and the tariff further burdened them by increasing the cost of imported goods. The tariff was designed to protect domestic industries by making American consumers less likely to purchase foreign products, but it had the unintended consequence of damaging the Southern economy, which was heavily dependent on trade with Great Britain.

The Southern states, including South Carolina, believed that the tariff unfairly favoured manufacturing over commerce and agriculture, and that it violated the Constitution. They argued that the tariff power could only be used to generate revenue and not to provide protection for American industries from foreign competition. This interpretation of the Constitution led to the doctrine of nullification, which asserted that a state had the right to declare a federal law null and void within its boundaries if it was deemed unconstitutional.

The Tariff of 1828 was enacted during the presidency of John Quincy Adams, but Southerners expected that the election of Andrew Jackson as president in 1828 would result in a significant reduction of the tariff. However, Jackson allowed the tariff to continue, which led to growing discontent in South Carolina. In response to the concerns of the Southern states, Congress passed the Tariff Act of 1832, which slightly reduced the rates. However, the reductions were not enough for South Carolina, and they continued to advocate for nullification of the tariff.

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The nullification doctrine was advocated by Thomas Jefferson and James Madison

The nullification crisis of 1832-33 was a confrontation between South Carolina and the federal government over the state's refusal to collect federal tariffs. While ostensibly about tariffs, the crisis was rooted in Southern fears over the growing movement in the North for the abolition of slavery. South Carolina's nullification stance asserted that if a state believed a federal law was unconstitutional, it could declare the law null and void within the state.

> [I]n case of a deliberate, a palpable and dangerous exercise of powers not granted by the [Constitutional] compact, the States who are parties thereto have a right and are in duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities rights and liberties appertaining to them.

In practice, the nullification doctrine was used by South Carolina to justify its opposition to the Tariff of 1828, which it believed unfairly burdened the Southern agrarian states that imported most manufactured goods. Calhoun, a proponent of nullification, argued that the tariff of 1828 was unconstitutional because it favoured manufacturing over commerce and agriculture. He asserted that tariff power could only be used to generate revenue, not to protect American industries from foreign competition.

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John C. Calhoun argued that nullification would establish a constitutional precedent to safeguard the interests of the slaveholding minority

In the late 1820s, John C. Calhoun's views shifted from nationalism to a staunch defence of slavery and the interests of the South. He was a slaveowner himself and believed that slavery was a "positive good" that benefited both slaves and their owners.

In 1828, Calhoun, then Vice President, anonymously authored the South Carolina Exposition and Protest, which declared the Tariff of 1828 unconstitutional. The tariff was strongly opposed in the South, as it was seen to unfairly burden the Southern agrarian states that imported most manufactured goods. In the Exposition, Calhoun argued that the tariff was unconstitutional because it favoured manufacturing over commerce and agriculture. He believed that federal laws could be declared null and void by a state if they were deemed unconstitutional.

In his Fort Hill Address in 1831, Calhoun asserted that each state was fully sovereign and thus had the right to declare a federal law unconstitutional and prevent its implementation within the state. He believed that the American Constitution checked the "tyranny of a numerical majority", and that the concurrent majority would protect the interests of the minority.

Calhoun's doctrine of nullification was based on the notion of absolute state sovereignty and was rooted in the growing Southern fears over the movement in the North for the abolition of slavery. He argued that nullification would establish a constitutional precedent to safeguard the interests of the slaveholding minority, by preventing the federal government from interfering with the institution of slavery.

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South Carolina's nullification efforts were met with failure, and they ultimately retreated

South Carolina's nullification efforts were not without their supporters. The doctrine of nullification had been advocated by Thomas Jefferson and James Madison in the Virginia and Kentucky Resolutions of 1798–99. Jefferson asserted that the union was a compact of sovereign states, and the federal government was their agent with specified, delegated powers. The states retained the authority to determine when the federal government exceeded its powers, and they could declare acts "void and of no force" within their jurisdictions.

However, South Carolina's nullification efforts ultimately failed. The state's first attempt at nullification occurred in 1822, when it passed the Negro Seamen Act, which required all Black foreign seamen to be imprisoned while docked in Charleston. This was declared unconstitutional by a circuit judge, but the South Carolina Senate announced that the act would be enforced regardless. In 1828, the Tariff of 1828 was enacted, which was strongly opposed in the South as it was seen to benefit only the industrialized North. South Carolina's radicals began to advocate for nullifying the tariff, and in 1832, the state issued the Ordinance of Nullification, declaring that there would be no tariff.

President Andrew Jackson regarded this ordinance as a threat to the federal union and national authority. He asked Congress to pass legislation permitting the use of federal troops to enforce federal laws in South Carolina if necessary. In December 1832, Jackson issued his "Proclamation to the People of South Carolina", asserting the supremacy of the federal government and warning that "disunion by armed force is treason". Jackson's strong support for the Union is considered one of the great moments of his presidency.

South Carolina's attempts to gain support from other Southern states also failed. The state's isolation, coupled with Jackson's willingness to use military force, forced South Carolina to back down. On March 1, 1833, Congress passed the Force Bill, authorizing the use of federal troops, and a moderate tariff bill more acceptable to South Carolina. In response, South Carolina rescinded the Ordinance of Nullification on March 15. Thus, despite initial support for their cause, South Carolina's nullification efforts ultimately failed, and the state was forced to retreat.

Frequently asked questions

The nullification crisis was a confrontation between South Carolina and the federal government over the state's attempt to declare federal tariff laws null and void within the state.

The federal tariff laws were the Tariff of 1828 and the Tariff of 1832, which were passed at the instigation of Northern manufacturers.

South Carolina wanted to nullify the tariff laws because they believed they put an unfair tax burden on the Southern agrarian states that imported most manufactured goods. They also believed that the tariff laws would damage the state's economy.

South Carolina justified nullification on constitutional grounds by arguing that the tariff laws were unconstitutional and that the state had the right to nullify or veto federal laws that violated the Constitution. They also argued that nullification would establish a constitutional precedent that would safeguard the interests of the slaveholding minority in a democratic republic.

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