A Report on Calhoun's Exposition: State's Rights and Nullification

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This report provides an analysis of John C. Calhoun's Exposition, examining his arguments on state powers in relation to the federal government and the constitutionality of federal laws. The report explores Calhoun's stance on strict construction, his advocacy for state's rights, and his doctrine of nullification. It delves into the historical context of the tariff debates and the South Carolina's response, highlighting Calhoun's belief in the states' ability to veto federal laws deemed unconstitutional. The report also discusses modern examples of state interposition, such as the opposition to certain federal policies by states like California. The analysis emphasizes the tension between state sovereignty and national unity, considering the implications of state interposition and nullification on the functioning of the federal government.
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Running head: CALHOUN’S EXPOSITION
Calhoun’s Exposition
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1CALHOUN’S EXPOSITION
Answer 1: Powers of the state in relation to constitutionality of federal law
Calhoun protested against the tariff that provided protection to the manufacturers from
foreign competition. He argued that the constitution was designed not to encourage
manufacturing but promote agriculture and commerce. The tariff mainly affected the South that
heavily depended on export. When the federal government announced the tariff, the South
Carolina state declared this announcement as invalid. The state advocated this decision on
grounds of the powers bestowed upon them by the Constitution (Calhoun 2003). However,
Andrew Jackson, the then President refuted South Carolina’s argument and threatened forced
acceptance of the federal laws. He justified his stance by pointing out the supreme law of the
land.
According to Calhoun, states and its citizens had the power to veto a decision of the
federal government if they deem it unconstitutional (Calhoun 2003). In reality however, Calhoun
stated that the powers allotted to the states are not powers at all. It is because the federal
government had the right impose its power upon the state.
Answer 2: Calhoun’s support for strict construction
Strict constructionists advocated the limited use of power by the Congress. According to
them, any government must only exercise the powers authorized to them by the Constitution.
Calhoun strongly supported strict construction, as he believed that even the federal
government must not alter the laws stated in the Constitution. During his tenure as the Vice
President under Andrew Jackson, Calhoun expressed his views on the powers vested to the
states. He stated that the states must be given the authority to nullify any law passed by the
federal government that they find to be unconstitutional (Calhoun 2003).
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2CALHOUN’S EXPOSITION
On the verge of being destroyed by the protective tariff laws, the citizens and
representatives of South Carolina passed the Ordinance of Nullification in 1832. They argued
that the state has the right to nullify any federal law that is not authorized by the Constitution.
The ordinance was based on the doctrine of nullification promoted by Calhoun, which further
proves that he supported strict construction.
Answer 3: Modern example of state interposition
State interposition means that a state has the authority to interject itself between its citizens and
the federal government. Cases of state interposition in the modern times can be cited from
different eras. However, the most recent case, although not enacted yet, is the opposition of
President Donald Trump by a number of states in 2016. The state of California for example, had
declared that it would prepare itself to confront any unconstitutional policy or law passed by the
federal government (Time 2017).
The interposition of states has been by law, made legal and is also incorporated in the
Constitution. However, it becomes unconstitutional when the use of this right troubles smooth
functioning of the government. A nation is one and unified and doctrines like state interposition
or nullification mar the unity of the nation.
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3CALHOUN’S EXPOSITION
References:
Calhoun, J.C., 2003. John C. Calhoun: Selected writings and speeches (Vol. 12). Regnery
Gateway.
Time. 2017. Local and State Government Can Protect the Constitution From Trump. [online]
Available at: http://time.com/4584803/donald-trump-states-rights/ [Accessed 7 Nov. 2017].
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