Strictures on NullificationEverett, Alexander Hill
History
Strictures on Nullification
Everett, Alexander Hill
Nullification (States' rights)
The first step in the process is, as we have said, the annulling by the
discontented State of the obnoxious act of the General Government. The
State declares the act to be null and void, and takes measures to
prevent the execution of it within its limits. How far this will be
found a practicable operation we shall be better able to judge when we
are informed of the proceedings of the Carolina Legislature. For the
present, it may be sufficient to say that the various projects which
have been successively recommended in the newspapers have been so
obviously chimerical and visionary, as to render it altogether probable
that no satisfactory scheme had suggested itself to the leaders, and
very doubtful whether it would be possible to hit upon one. Without,
however, anticipating what the wisdom of the Legislature may bring
forth, let us proceed at once to the second step in the process; viz.
the duties which devolve upon the General Government. This part of the
theory, we may observe, though it has been less adverted to, is, in the
opinion of the Vice-President, not less important and valuable than the
other, and equally essential to the completeness of the system. If it be
found impracticable, the whole theory must be given up.
A State having nullified an act of the General Government, it then
becomes the duty of the General Government to abandon the power (of
passing such an act), and to apply to the States, in the form of
proposing an amendment of the Constitution, for the grant of such a
power. Let us see how far these duties are practicable.
The General Government consists of three branches, the Executive, the
Legislative, and the Judiciary, to each of which its peculiar and
appropriate functions are assigned by the Constitution and the laws.
What then is meant, when it is said that it becomes the duty of the
General Government to abandon the power to pass a certain act, at least
within the limits of a particular State? Is it meant that the
Legislative department of the General Government is bound to repeal the
obnoxious law, as respects that State or the Union at large? This is
obviously impossible, because by the supposition the majority of the
Legislature believe the act to be constitutional and expedient,--and
therefore cannot conscientiously, in the ordinary exercise of the
Legislative power, repeal it.
Public-domain text, read in full here on John Shaqi.
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