Copy the following on the top 15 lines of NB p. 45

Copy the following on the top 15 lines of NB p. 45.

States’ Rights Debate

Compact Theory:

Kentucky Resolution:

Doctrine of nullification:

Threats of secession:

Permanent Union:

Supremacy Clause:

Marbury v. Madison:

Fears of anarchy:

Copy the following onto the bottom 16 lines of NB p. 45.

1828 Allow four lines for this row.

1829 Allow three lines for the other rows.

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 KnowDuring 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 KnowSoutherners 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).


• 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 unconsti-tutional or outside the government’s expressed powers.


• 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.


• 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?


10. How would the doctrine of nullifi-cation 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.


• 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.


11. What was the Webster-Hayne debate?

A. President Jackson’s impeachment.B. the doctrine of nullification.C. internal improvements.D. the Tariff of 1832.

It was a debate between Senators

Daniel Webster and Robert Hayne over . . .

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.


• 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.


• 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?


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.

States’ Rights Debate

Compact Theory:

Kentucky Resolution:

Doctrine of nullification:

Threats of secession:

Permanent Union:

Supremacy Clause:

Marbury v. Madison:

Fears of anarchy:

Constitution created a compact States voluntarily gavebetween states and federal govt. up their sovereignty whenIf the federal govt breaks it, the they entered the Union.states don’t have to obey it.

States did not have toenforce a law that they feltwas unconstitutional oroutside the government’sexpressed powers.

Federal laws are the law of the land, and state laws may not contradict federal law.

States have the right to determine a law’s constitutionality, and ignore it if it is ruled unconstitutional by the state legislature.

The Supreme Court alone has the authority to determine constitutionality.

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

Documents

Copy the following on the top 15 lines of NB p. 45