Proclamation Regarding Nullification: Then and Now

    Proclamation Regarding Nullification: Then and Now

      Isn't it amazing that the states' rights vs. federal authority debate has totally disappeared from out political landscape, becoming a broken down relic of the past?

      Oh wait.

      The debate about states' rights did not die with the Nullification Crisis. Although the nullification debate didn't really start with this crisis (see the "Kentucky and Virginia Resolutions" in the "Compare and Contrast" section), it soon became the cool way to rebel against the federal government.

      Here are three real quick examples of nullification over the years:

      The Fugitive Slave Act of 1850

      When the free and slaveholding states were trying to figure out what to do with newly expanding western territories, they tried to reach a compromise in 1850. One of the terms of this agreement was that slaves had to be returned to their masters, no matter the circumstances. But a few states like Wisconsin didn't particularly feel like following that rule. So, they nullified it. This continued until the Civil War, which turned out to be one giant nullifier of slavery in general.

      Cooper v. Aaron (1958)

      The sad part, though, was that even though the Civil War ended, the stains of slavery were extremely hard to wash out. So, when Brown v. Board of Education forced desegregation in the school systems, many opposed the decision. Arkansas actually attempted to nullify the law, bringing it to the Supreme Court. But their efforts were shot down.

      Recreational Marijuana (Present)

      Nullification has even made it into the current discussions about the whacky-tobbacky. When states sought to legalize pot, many debated using nullification as a way to ignore federal prohibition. But these states never tried to invalidate federal law; they just created their own laws. The fed and the states still haven't worked this one out.

      See our "Themes" section for a ton of fun about the states' rights arguments roiling the U.S. today.