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Listening to America

#1596 Ten Things on Nullification

Listening to America

Listening to America

History, Politics, Unitedstates, Society & Culture, American

4.61.1K Ratings

🗓️ 22 April 2024

⏱️ 55 minutes

🧾️ Download transcript

Summary

Clay Jenkinson’s conversation with regular guest Dr. Lindsay Chervinsky about the doctrine of nullification. That’s when a state refuses to accept the legitimacy of a federal law. Nullification is nowhere enshrined in the U.S. Constitution, but through the course of American history a number of nullification crises have arisen. When the Adams administration passed the Alien and Sedition laws of 1798 Jefferson wrote a set of secret resolutions for the state of Kentucky resisting those laws, which Jefferson said were worthy of the ninth or tenth century. John C. Calhoun attempted nullification for South Carolina and other southern states in the 1830s, mostly over tariffs, and now again a number of states, led by Texas, are threatening to nullify federal laws they hate--or even to secede if necessary. Dr. Chervinsky has a hilarious response to the idea of Texas or Louisiana secessions.

Transcript

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0:00.0

Hello everyone and welcome to this podcast introduction to this week's program with

0:04.1

Dr Lindsay Chervinsky, ten things about the doctrine of nullification.

0:07.7

That's when a state refuses to accept a law passed by the United States Congress and signed into law by the President.

0:15.0

This doesn't happen very often, but it is an important part of resistance to the national government.

0:22.0

Under the Articles of Confederation, the states were sovereign.

0:25.0

It was a loose collection of confederated states.

0:28.0

Under the Constitution, the states are subordinate,

0:31.0

but they don't lose all of their sovereignty and that's where the mischief sort

0:35.4

of begins.

0:37.4

And this all began really with Thomas Jefferson who in 1798 appalled by the Alien and Sedition Acts, which he thought were worthy of the

0:46.2

ninth or tenth century.

0:47.6

He wrote secret resolutions for Kentucky, which threatened to nullify that set of federal laws.

0:54.0

Madison talked him a little bit down from the more extreme language,

0:58.0

but still the Kentucky resolutions are more strident,

1:01.0

let's say, than the Virginia Virginia resolutions which were penned by James

1:04.7

Madison himself.

1:06.6

They both expected that the rest of the country would rally to their side about this but they

1:11.4

didn't.

1:12.4

Most of the country was appalled by the

1:13.6

nullification threats and secession threats of Jefferson, although it took a long

1:19.2

time for people to realize that he was the author of the set that went to Kentucky.

1:25.0

Today there are secessionist movements around the country.

...

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