Download CHAPTER 12: THE AGE OF JACKSON Section 3: Rising

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Compact Theory:
Permanent Union:
Kentucky Resolution:
Supremacy Clause:
Doctrine of
nullification:
Threats of secession:
States’
Rights
Debate
Marbury v. Madison:
Fears of anarchy:
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1828
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1829
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1830
1832
1833
Lesson 12.3: Conflict Over States’
Rights
Today we will analyze the issues in the
debate over states’ rights during the
Nullification Crisis.
Vocabulary
• analyze – understand by separating
into smaller parts
• issues – points being argued over
• debate – formal argument
• states’ rights – powers and privileges
possessed by the states
• nullification – cancelling out or making
something powerless
• crisis – turning point or dangerous
situation
Check for Understanding
•
•
•
•
What are we going to do today?
What does it mean to analyze?
What are states’ rights?
What is a crisis that an 8th grader might
face?
What We Already Know
During the battle for
ratification of the
Constitution, Patrick
Henry was one of many
Americans who were
concerned that too much
power was being taken
from the states and given
to the federal
government.
What We Already Know
In the Kentucky and
Virginia
Resolutions,
Thomas Jefferson
and James Madison
anonymously
declared that states
do not have to
enforce laws that
they believe are
unconstitutional.
What We Already Know
Southerners disliked tariffs
because they increased the
cost of foreign manufactured
goods that Southerners
frequently imported.
The ‘Tariff of Abominations’ (1828)
• In 1828, a new high tariff that angered
Southerners was being debated in
Congress.
• Since the tariff hurt the South but helped
the North, Southerners felt the government
was being unfair.
• Southerners hated the Tariff of 1828 so
much they referred to it as the Tariff of
Abominations.
• Some Southerners began to say their states
should leave the Union (i.e., secede).
Check for Understanding
• Why did the tariff make Southerners
feel the national government was being
unfair?
• What threat were some Southerners
starting to make?
Get your whiteboards
and markers ready!
9. Why did Southerners call the Tariff of
1828 the Tariff of Abominations?
A. It made European imports too expensive.
B. It lowered the prices they could charge
for cotton.
C. It lowered the tariff to the levels they had
been in 1800.
D. It reduced the amount of cotton foreign
countries could purchase from
Southerners.
John C. Calhoun wanted to keep
South Carolina from seceding.
• Calhoun had to calm
Southerners’ fears about the
tariff and their loss of
influence in the government.
• He also needed to find a
way for the South to avoid
collecting the Tariff of
Abominations.
Calhoun developed the doctrine of
nullification from different sources.
• The first was the compact theory of government.
• Constitution created a compact (or contract)
between the states and the federal government.
• If the federal government breaks that contract,
the states have the right to ignore the
government.
Calhoun developed the doctrine of
nullification from different sources.
• The second was Thomas
Jefferson’s Kentucky
Resolution.
• The Kentucky Resolution
said that states did not
have to enforce a law that
they felt was unconstitutional or outside the
government’s expressed
powers.
Check for Understanding
• According to the compact theory, what
was the relationship between the states
and the federal government based on?
• What did the Kentucky Resolution say
states could do if Congress passed a
law they didn’t agree with?
The Doctrine of Nullification
• State legislatures have the
authority to determine if a
law is constitutional.
• If the legislature declares a
federal law unconstitutional,
then that law is nullified
(i.e., not legal) within that
state’s borders
• Calhoun published his
doctrine anonymously in a
document called “South
Carolina Exposition and
Protest.”
Threats of Secession
Should the need
arise, states have
the right to secede
from the Union
and become
independent.
Check for Understanding
• According to the doctrine of nullification,
who had the authority to determine if a
law is constitutional?
• What was the name of the document in
which Calhoun published his doctrine of
nullification?
Get your whiteboards
and markers ready!
10. How would the doctrine of nullification provide a way for states to
avoid paying the high tariff?
A. State legislatures could nullify their own tax
obligations to federal government.
B. State legislatures could pay the tariffs in
inflated state currency, which is called
nullification.
C. State legislatures could change new federal
tariff laws before they could go into effect.
D. State legislatures could nullify a tariff law,
and not collect the tariff.
Objections to Nullification
• the permanency of the Union
• the supremacy clause of the
Constitution
• the Marbury v. Madison decision
• the fears of anarchy
Permanent Union
• Some Americans were
opposed to the ideas of
states’ rights and the
compact theory.
• States voluntarily gave
up their sovereignty
when they entered the
Union.
• They could not secede
from the Union once
they became part of the
United States.
The Supremacy Clause
• Most Northerners believed that
the Kentucky Resolution was in
conflict with the supremacy
clause of the Constitution.
• Federal laws are the law of the
land, and state laws may not
contradict federal law.
The Marbury v. Madison Decision
To many, the
Supreme Court’s
decision in Marbury
v. Madison made
nonsense out of the
doctrine of
nullification.
In 1801, the court had ruled that the authority to
determine the constitutionality of a law belonged
to the Supreme Court alone, not the states.
Fears of Anarchy
• Opponents of the doctrine of nullification
were very concerned about threats of
secession.
• States ruling on constitutionality would
lead to chaos in the nation.
Check for Understanding
• What does the supremacy clause say
about conflicts between federal law
and state law?
• According to Marbury v. Madison, who
has the authority to declare a law
unconstitutional?
1828
• Congress passed the ‘Tariff
of Abominations.’
• Calhoun published “South
Carolina Exposition and
Protest;” explaining the
doctrine of nullification.
• Andrew Jackson was
elected president, partly as
a protest against the tariff.
Check for Understanding
• What did Southerners call the Tariff of
1828?
• Why did Southerners object to the
Tariff of Abominations?
1829
• Jackson took
office, with
Calhoun as his
vice-president.
• Public debate over
the tariff and the
doctrine of
nullification
continued.
1830
• Daniel Webster and Robert Hayne debated
the issue of states’ rights and nullification
in Congress.
• Jackson learned of Calhoun’s support for
nullification.
Get your whiteboards
and markers ready!
11. What was the Webster-Hayne
debate?
It was a debate
between Senators
Daniel Webster and
Robert Hayne over . . .
A.
B.
C.
D.
President Jackson’s impeachment.
the doctrine of nullification.
internal improvements.
the Tariff of 1832.
1832
• Congress reduced the tariff, but not
enough to make Southerners happy.
• South Carolina nullified both tariffs,
threatens to secede, and began building
an army.
• Jackson was re-elected (without Calhoun);
threatened to use force against South
Carolina to enforce federal laws.
Check for Understanding
• Who debated the nullification issue in
Congress?
• How did Congress try to solve the crisis?
• How did South Carolina respond?
• What threat does Jackson make?
1833
• Henry Clay created
another compromise
tariff, and it was quickly
passed by Congress.
• South Carolina repealed
its bill of nullification,
and the crisis was
averted, ending the
threat of civil war.
Check for Understanding
• Who helped the nation avoid war over
the Tariff of Abominations?
• What did Clay do to help?
• How did South Carolina respond to the
new compromise tariff?
Get your whiteboards
and markers ready!
12. How was the nullification
crisis resolved?
A. President Jackson sent federal troops into
South Carolina to collect the tariff.
B. the Webster-Hayne debate gave everyone a
better understanding of the issues.
C. South Carolina came up with a new tariff
rate that Congress quickly accepted.
D. Henry Clay worked out a compromise tariff
that South Carolina could accept.
Compact Theory:
Permanent Union:
Constitution created a compact
between states and federal govt.
If the federal govt breaks it, the
states don’t have to obey it.
States voluntarily gave
up their sovereignty when
they entered the Union.
Kentucky Resolution:
States did not have to
enforce a law that they felt
was unconstitutional or
outside the government’s
expressed powers.
Doctrine of
nullification:
States have the right to determine a
law’s constitutionality, and ignore it
if it is ruled unconstitutional by the
state legislature.
Supremacy Clause:
States’
Rights
Debate
Federal laws are the law
of the land, and state
laws may not contradict
federal law.
Marbury v. Madison:
The Supreme Court alone
has the authority to
determine constitutionality.
Threats of secession:
Fears of anarchy:
If necessary, states could
withdraw from the Union.
Nullification by states would
lead to national chaos.
1828
-- Congress passed the high tariff over Southerners’ protests
-- Calhoun anonymously publishes “South Carolina Exposition and
Protest” to declare his theory of nullification
-- Jackson elected, in part as a protest of the Tariff of Abominations
1829
-- Jackson takes office w/Calhoun as VP, unaware of his authorship
-- public debate over the Tariff and over nullification continues
1830
-- Webster-Hayne Debates over secession vs. union
-- Jackson becomes aware of Calhoun’s support for nullification
1832
-- Congress reduces the tariff
-- South Carolina nullifies the Tariff, threatens to secede, begins
building army
-- Jackson re-elected (without Calhoun); threatens to use force
1833
-- Henry Clay creates a compromise tariff, quickly passed by
Congress
-- South Carolina backed down without admitting wrong