Nullification Nullification

Nullification, the legal theory that a state has the right to nullify any federal law the state has declared unconstitutional, has been discussed nearly as long as the Constitution of The United States has existed as a legal document. Although the theory has yet to be tested in the courts, much debate and research has been conducted concerning the fundamental theory and application. The theory is rooted in the idea that states have a right to declare federal laws unconstitutional when the federal government exceeds the authority granted to it by the U.S. Constitution. The basis for the argument resides in the Kentucky and Virginia Resolutions of 1798, both written by Vice President Thomas Jefferson and James Madison (Woods, 2010). Proponents

Peters that “If the legislatures of the several States may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the Constitution itself becomes a solemn mockery, and the nation is deprived of the means of enforcing its laws by the instrumentality of its own tribunals. So fatal a result must be deprecated by all, and the people of Pennsylvania, not less than the citizens of every other State, must feel a deep interest in resisting principles so destructive of the union, and in averting consequences so fatal to themselves.” (Banks, 1909). The case involved Gideon Olmstead, Artimus White, Aquilla Rumsdale, and David Rumsdale, all privateers who, upon being pressed into service in the British Navy while in Jamaica, took control of a sloop named Active while en route to New York loaded with supplies for British troops. The sloop was intercepted by a ship from the state of Pennsylvania named Convention, with the assistance of a privateer ship La Gerard, and escorted to New Jersey. Upon arrival in New Jersey, the captains of the ships Convention and La Gerard claimed ownership of the cargo aboard Active, despite the protest of Olmstead and his crew. Olmstead and his crew filed suit arguing for ownership of the cargo. Pennsylvania 's Court of Admiralty ruled each party had claim to the cargo resulting in Olmstead and his crew

The southern states sought to assert their rights to self-governance and rejection of northern ideas of ending slavery. Many in the south referred to the war as the “War of Northern Aggression.” The Tenth Amendment was cited as the foundation of the justification of the formation of the Confederate States of America due to the lack of federal recognition of the Tenth Amendment and the “states’ rights” it confers. Again, the Supremacy Clause was adduced by the United States Government and the war was begun. Although this is somewhat of an oversimplification of the issues leading to the war, ultimately the theory of nullification again lead to legal, social, moral, and fatal issues within the