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The dispute over the Tariff of 1828 marked a turning point for interposition. State legislatures passed resolutions declaring protective tariffs unconstitutional, increasingly using more threatening language that echoed the doctrine of nullification John C. Calhoun advanced in the South Carolina Exposition of 1828. Calhoun’s arguments distorted Madison’s views and transformed traditional sounding the alarm interposition into an option for each state to nullify acts of the national government that it considered unconstitutional. Nullification prompted a national discussion about the nature of the Union, notably in the Webster–Hayne debate in the United States Senate in 1830.Nullifiers quoted the Virginia and Kentucky Resolutions and Madison’s Report of 1800 to justify their constitutional theory, but misunderstood Madison’s theoretical right of the people to interpose in the final resort and overlooked the sounding the alarm interposition of the resolutions. Madison rejected both nullification and secession and tried to explain what he meant by a complex federalism based on divided sovereignty, ultimately failing to correct misconceptions about his resolutions.
Monitoring American Federalism examines some of the nation's most significant controversies in which state legislatures have attempted to be active partners in the process of constitutional decision-making. Christian G. Fritz looks at interposition, which is the practice of states opposing federal government decisions that were deemed unconstitutional. Interposition became a much-used constitutional tool to monitor the federal government and organize resistance, beginning with the Constitution's ratification and continuing through the present affecting issues including gun control, immigration and health care. Though the use of interposition was largely abandoned because of its association with nullification and the Civil War, recent interest reminds us that the federal government cannot run roughshod over states, and that states lack any legitimate power to nullify federal laws. Insightful and comprehensive, this appraisal of interposition breaks new ground in American political and constitutional history, and can help us preserve our constitutional system and democracy.
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