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| historicaldocuments:notes-on-nullification-madison [2019/09/15 12:41] – Oliver Wolcott | historicaldocuments:notes-on-nullification-madison [2019/09/20 07:22] – Oliver Wolcott |
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| More than this, the remark is obvious, that those who resolve the nullifying claim into the natural right to resist intolerable oppression, are precluded from inferring that to be the right meant by the Resoln., since that is as little denied, as the paramountship of the authy., creating a Constn; over an authy derived from it. | More than this, the remark is obvious, that those who resolve the nullifying claim into the natural right to resist intolerable oppression, are precluded from inferring that to be the right meant by the Resoln., since that is as little denied, as the paramountship of the authy., creating a Constn; over an authy derived from it. |
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| The true question therefore is whether there be a Constitutional right in a single state to nullify a law of the U. S. <wrap hi>We have seen the absurdity of such a claim in its simple naked and **suicidal** form.</wrap> **Let us turn to it as modified by S. C. into** <wrap hi>a right in every State to resist within itself, the execution of a Federal law, deemed by it to be unconstitutional; and to **demand a Convention of the States** to decide the question of Constitutionality</wrap>, the annulment of the law to continue in the mean time, and to be permanent, unless 3/4 of the states concur in over-ruling the annulment. | The true question therefore is whether there be a Constitutional right in a single state to nullify a law of the U. S. <wrap hi>We have seen the absurdity of such a claim in its simple naked and **suicidal** form.</wrap> **Let us turn to it as modified by S. C. into** __a right in every State to resist within itself, the execution of a Federal law, deemed by it to be unconstitutional; and to **demand a Convention of the States** to decide the question of Constitutionality__, the annulment of the law to continue in the mean time, and to be permanent, unless 3/4 of the states concur in over-ruling the annulment. |
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| Thus, during the temporary nullification of the law, the results wd. be the same with those proceeding from an unqualified nullification; and the result of a convention might be, that 7 out of the 24 States, might make the temporary results permanent. It follows, that any State which could obtain the concurrence of six others, might abrogate any law of the U. S. whatever, constructively and give to the Constitution any shape they please, in opposition to the construction and will of the other seventeen, each of the 17 having an equal right & authority, with each of the 7. Every feature in the Constitution, might thus be successively changed, and after a scene of unexampled confusion & distraction, what had been unanimously agreed to as a whole, would not as a whole be agreed to by a single party. __The amount of this modified right of nullification is, that a single State may arrest the operation of a law of the U. S. and institute a process which is to terminate in **the ascendancy of a minority over a large majority**, in a Republican System__, the characteristic rule of which is that the major will is the prevailing ruling will. And this newfangled theory is attempted to be fathered on Mr. Jefferson, the apostle of Republicanism, and whose own words declare that "acquiescence in the decision of the majority is the vital principle of it." See his inaugural address. | Thus, during the temporary nullification of the law, the results wd. be the same with those proceeding from an unqualified nullification; and the result of a convention might be, that 7 out of the 24 States, might make the temporary results permanent. It follows, that any State which could obtain the concurrence of six others, might abrogate any law of the U. S. whatever, constructively and give to the Constitution any shape they please, in opposition to the construction and will of the other seventeen, each of the 17 having an equal right & authority, with each of the 7. Every feature in the Constitution, might thus be successively changed, and after a scene of unexampled confusion & distraction, what had been unanimously agreed to as a whole, would not as a whole be agreed to by a single party. __The amount of this modified right of nullification is, that a single State may arrest the operation of a law of the U. S. and institute a process which is to terminate in **the ascendancy of a minority over a large majority**, in a Republican System__, the characteristic rule of which is that the major will is the prevailing ruling will. And this newfangled theory is attempted to be fathered on Mr. Jefferson, the apostle of Republicanism, and whose own words declare that "acquiescence in the decision of the majority is the vital principle of it." See his inaugural address. |
