NULLIFICATION  , the See also:

• PROCESS

process of making null or of no effect (See also:

• LAT

Lat. nullus, none) . In See also:

• UNITED

United States See also:

• HISTORY

history the See also:

• TERM

term is applied to the process by which a See also:

• STATE
• STATE, GREAT OFFICERS OF

state either (a) in fact suspended, or (b) claimed a constitutional right of suspending, the operation of a federal See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law within its own territory . The See also:

• DOCTRINE

doctrine of nullification as a constitutional theory was probably never held by a See also:

• MAJORITY (Fr. majorite; Med. Lat. majoritas; Lat. major, greater)

majority of the states or of the See also:

• AMERICAN

American See also:

• PEOPLE

people at any one See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time, though before 186o most of the states asserted or practised it . The belief in nullification was based on the theory that the See also:

• UNION
• UNION (known locally as Union Hill and officially as Town of Union)

union of the states was a voluntary one, each member retaining its See also:

• SOVEREIGNTY

sovereignty, though for purposes of convenience delegating certain See also:

• POWERS, HIRAM (1805-1873)

powers of See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

government to an See also:

• AGENT (from Lat. agere, to act)

agent—the federal government . The powers of this agent were strictly limited by the Constitution, and should it transcend these powers the states must interpose to protect their rights . This view held that the Supreme See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

Court created by the Constitution was not a proper tribunal to decide causes arising beyond the Constitution or See also:

• RELATING

relating to the nature of the Union, but that its See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction was limited to cases arising under the Constitu tion . If the Federal government usurped a right belonging to the state, the latter, being a sovereignty, must See also:

• JUDGE (Lat. judex, Fr. juge)

judge for itself . As later perfected by See also:

• JOHN
• JOHN (1167–1216)
• JOHN (1290-c. 1320)
• JOHN (1296-1346)
• JOHN (1371–1419)
• JOHN (1468-1532)
• JOHN (1801-1873)
• JOHN (Heb. llni')
• JOHN (ZAPOLYA) (1487-1540)
• JOHN, 4TH MARQUESS OF TWEEDDALE (c. 1695-1762)
• JOHN, DON (1545-1578)
• JOHN, DON (1629–1679)
• JOHN, GOSPEL OF ST
• JOHN, or HAYS (1513–1571)
• JOHN, THE APOSTLE
• JOHN, THE EPISTLES OF

John C . See also:

• CALHOUN, JOHN CALDWELL (1782-185o)

Calhoun (q.v.), the theory of I remarkable discoveries to the skilful excavations of Dr Schulten nullification required a practice as follows . A state aggrieved by a law of the Federal See also:

• CONGRESS (Lat. congressus, coming together, from congredi; cum, with, and gradus, step)

congress might, in constituent See also:

• CONVENTION (Lat. conventio, an assembly or agreement, from convenire, to come together)
• CONVENTION, THE NATIONAL

convention, suspend the operation of the objectionable law, and See also:

• REPORT (O.Fr. report or raport, modern rapport, from O.Fr. reporter, mod. rap porter, Lat. reportare, to bring back, in poetical use only, of bringing back an account, news, &c.)

report its See also:

• ACTION

action to the other states . If three-fourths of them should decide that the law in question was not unconstitutional, then in effect it became ratified (see United States Constitution, See also:

• ART

art. v.) . The dissatisfied state must then submit or must draw out of the union by the See also:

• ACT (Lat. actus, actum)

act of See also:

• SECESSION

secession (see SECESSION, and CONFEDERATE STATES) .

This theory of the right of nullification was considered by those who held it to be in See also:

• ACCORD (from Fr. accorder, to agree)

accord with the principles laid down in the Constitution . It must be distinguished from secession, which was considered a See also:

• SOVEREIGN

sovereign right, one above the Constitution; yet nullification presumed the sovereignty of the state . The earliest assertions of the doctrine of nullification are found in the See also:

• KENTUCKY

Kentucky and See also:

• VIRGINIA
• VIRGINIA, or VERGINIA
• VIRGINIA, UNIVERSITY OF

Virginia Resolutions of 1798-1799, written respectively by See also:

• THOMAS
• THOMAS (c. 1654-1720)
• THOMAS (d. 110o)
• THOMAS, ARTHUR GORING (1850-1892)
• THOMAS, CHARLES LOUIS AMBROISE (1811-1896)
• THOMAS, GEORGE (c. 1756-1802)
• THOMAS, GEORGE HENRY (1816-187o)
• THOMAS, ISAIAH (1749-1831)
• THOMAS, PIERRE (1634-1698)
• THOMAS, SIDNEY GILCHRIST (1850-1885)
• THOMAS, ST
• THOMAS, THEODORE (1835-1905)
• THOMAS, WILLIAM (d. 1554)

Thomas See also:

• JEFFERSON
• JEFFERSON, JOSEPH (1829-1905)
• JEFFERSON, THOMAS (1743-1826)

Jefferson and See also:

• JAMES
• JAMES (Gr. 'IlrKw,l3or, the Heb. Ya`akob or Jacob)
• JAMES (JAMES FRANCIS EDWARD STUART) (1688-1766)
• JAMES, 2ND EARL OF DOUGLAS AND MAR(c. 1358–1388)
• JAMES, DAVID (1839-1893)
• JAMES, EPISTLE OF
• JAMES, GEORGE PAYNE RAINSFOP
• JAMES, HENRY (1843— )
• JAMES, JOHN ANGELL (1785-1859)
• JAMES, THOMAS (c. 1573–1629)
• JAMES, WILLIAM (1842–1910)
• JAMES, WILLIAM (d. 1827)

James See also:

• MADISON
• MADISON, JAMES (1751–1836)

Madison in protest against the See also:

• ALIEN (Lat. alienus)

Alien and See also:

• SEDITION (Lat. se or sed, apart, and ire, to go, a going apart, dissension)

Sedition Acts of Congress . Nullification was first practised in 1809 by See also:

• PENNSYLVANIA
• PENNSYLVANIA, UNIVERSITY OF

Pennsylvania, the See also:

• GOVERNOR (from the Fr. gouverneur, from gouverner, O. Fr. governer, Lat. gubernare, to steer a ship, to direct, guide)

governor ordering out the state troops to resist the See also:

• EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry out)

execution of a See also:

• DECREE (from the past participle, decretus, of Lat. decernere)

decree of a Federal court . In the New See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England states, 1809-1815, the United States See also:

• LAWS

laws relating to See also:

• EMBARGO (a Spanish word meaning " stoppage ")

embargo, non-intercourse and See also:

• ARMY
• ARMY (from Fr. armee, Lat. armata)

army enlistments were nullified by state action . From 1825-1829 the state of See also:

• GEORGIA

Georgia forcibly prevented the execution of Federal laws and court decrees relating to the See also:

• INDIANS, NORTH AMERICAN

Indians within her See also:

• BORDERS, THE

borders and in See also:

• ALABAMA

Alabama, 1832-1835, there was a similar nullification . The only example of nullification in which theory and practice coincided was the nullification in 1832 by See also:

• SOUTH
• SOUTH, ROBERT (1634–1716)

South Carolina of the Federal See also:

• TARIFF (adapted in English from the French; the word comes through the Spanish tarifa, a list or schedule of prices, from the Arabic, ta'rifa, information, an inventory, 'arf, know-ledge)

tariff laws . In this the state acted upon the theory outlined above which was perfected by Calhoun . In the last See also:

• DECADE (from Gr. Oka, ten)

decade before the See also:

• CIVIL

Civil See also:

• WAR
• WAR (O. Eng. werre, Fr. guerre, of Teutonic origin; cf. O.H.G. werran, to confound)

War fourteen of the See also:

• NORTHERN

Northern states in the so-called " See also:

• PERSONAL

Personal See also:

• LIBERTY (Lat. libertas, from liber, free)

Liberty laws " n lllified the Federal statutes relating to slaves and See also:

• SLAVERY

slavery by making it a See also:

• CRIME (Lat. crimen, accusation)

crime for their citizens to obey these laws and by setting the state See also:

• ADMINISTRATION (Lat. administrare, to serve)

administration against the Federal officials . Since the Reconstruction the See also:

• SOUTHERN

Southern states have in practice effected a nullification of the Fourteenth and Fifteenth Amendments to the Constitution providing for See also:

• NEGRO (from Lat. eager, black)

negro See also:

• SUFFRAGE (Lat. suffragium)

suffrage . See John C . Calhoun, See also:

• WORKS

Works, vols. i. and vi .

(New See also:

• YORK
• YORK (HOUSE OF)
• YORK, EDMUND OF LANGLEY, DUKE OF (1341-1402)
• YORK, EDWARD
• YORK, FREDERICK AUGUSTUS, DUKE OF (1763-1827)
• YORK, RICHARD, DUKE

York, 1853-1855) ; D . F . See also:

• HOUSTON
• HOUSTON, SAM, or SAMUEL (1793-1863)

Houston, See also:

• CRITICAL (in alphabetical order of authors)

Critical Study of Nullification in South Carolina (New York, 1897) ; C . W . Loring, Nullification and Secession (New York, 1893) ; E . P . See also:

• POWELL, FREDERICK YORK (1850-1904)
• POWELL, GEORGE (c. 1658-1714)
• POWELL, JOHN WESLEY (1834–1902)
• POWELL, VAVASOR (1617-1670)

Powell, Nullification and Secession in the United States (New York, 1897) ; and U . B . See also:

• PHILLIPS
• PHILLIPS, ADELAIDE (1833-1882)
• PHILLIPS, EDWARD (163o-1696)
• PHILLIPS, JOHN (1800—1874)
• PHILLIPS, SAMUEL (1814—1854)
• PHILLIPS, STEPHEN (1868– )
• PHILLIPS, THOMAS (1770-1845)
• PHILLIPS, WENDELL (1811-1884)

Phillips, Georgia and States Rights (See also:

• WASHINGTON
• WASHINGTON (or WASHINGTON COURT HOUSE)
• WASHINGTON, BOOKER TALIAFERRO (c. 1859– )
• WASHINGTON, BUSHROD (1762-1829)
• WASHINGTON, GEORGE (1732-1799)

Washington, 1902) . (W . L .