Calhoun dismissed the 1803 splendid courtroom

By embracing country interposition, Calhoun dismissed the 1803 splendid courtroom ruling in Marbury v. Madison, a ruling that claimed the energy of constitutional interpretation solely for the judicial branch. He additionally contradicted his very own earlier distaste for individuals who dabbled in constitutional interpretation. ‘The constitution…was now not intended as a thesis for the philosopher to workout his ingenuity on,’ he proclaimed in 1817. Now, in protecting the South’s specific economy and society, Calhoun turned into exercising away.

Calhoun’s exercising went past mere theorizing. He helped increase a process for states to use their strength of interposition. He suggested a kingdom have to first call a conference to recollect any federal motion in query. If the convention decided that the action violated its knowledge of the constitution, then it can claim the action ‘null and void,’ denying the federal authorities the energy to execute the law within that state. The federal authorities might then should either amend the constitution to legitimize its movement or repeal the measure.


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