Chapter 16: State and Local Government Section 1: States and the National Government (pgs.520-525)

The Nullification Crisis As early as 1798, sixty years before the Civil War, the national government and the states disagreed over the issue of states’ rights. Could a state declare a federal law null and void? This question put American federalism to the test.

The Buildup to the Nullification In 1828, Congress raised a tariff on imported & exported goods, on all British goods. The South became upset b/c they believed this tariff only helped the North and not the South. The people in the South lead by John C. Calhoun argued that South Carolina could nullify the tariff or any federal law.

The Nullification Crisis In 1832, the South Carolina legislature passed the ordinance of Nullification which declared the 1828 & 1832 tariffs “null & void and not binding” on the state of its citizens. Jackson declared the ordinance illegal. He stated that the Constitution was to important to be “blown away by the first breath of disaffection.”

An Uneasy Resolution The federal government and South Carolina remained in a standoff until 1833 when another tariff was passed that reduced the tariff over several years. The issue of states’ rights remained unsettled. The issue of slavery would push the country to Civil War, 1861 to 1865. In 1869 the Supreme Court ruled in Texas v. White that the U.S. was “an indestructible Union” However, it still remains at the heart of issues like civil rights (gay rights), gun control, and drugs like marijuana.

States in the Federal System Federalism is the sharing of powers between the national and state governments. The Constitution delegates certain powers to the federal government and the rest of the powers are reserved for the states of the people. There are powers like taxation that are concurrent powers. The Constitution includes the Supremacy Clause in Article VI, Section 2, which states that the federal government to be the “supreme Law of the Land.” This means state governments may not ignore federal laws or the Constitution.

Relations with Other States The Constitution also establishes guidelines for state to state relationships. It promotes a cooperative relationship between the states. The full faith & credit clause (Article IV, Section 1) requires that each state recognize the civil laws and acts of the other states. For example a driver license and each state must honor the decisions of the courts in other states.

State Constitutions The guarantee clause (Article IV, Section 4), which guarantees to every state in the Union a Republican form of Government. This means that state governments will be structured like the national government—they will be limited and representative. Each state government has legitimacy and authority by its own state constitution. Each state constitution also outlines a specific framework for state and local government.

Qualities of State Constitutions State Constitutions are as different as the states themselves. But there are similarities, like each state constitution expresses the basic civic principles & practices for that state. Each state constitution also protects civil rights through a bill of rights. These bill of rights make sure that majority rule does not infringe upon minority rights. Each constitution also protects every ones’ due process of the law. Each state constitution provides for a limited state government in which the power is shared among legislative, executive and judicial branches.

Changes to State Constitutions Most state constitutions have been changed much more than the U.S. Constitution, b/c they are easier to change. Most can be changed with a majority vote in the legislature and a majority vote of the people. Many state constitutions have been rewritten many times. For example the Texas Constitution was changed in 1836, 1845, 1861, 1866, 1869, and 1876.

Constitutional Problems The U.S. Constitution contains fundamental law, meaning basic political principles of a government. Many state constitutions have both fundamental law and statutory law. Statutory law is very detailed and specific, this can cause problems b/c it is so specific and can become obsolete.

Constitutional Solutions Many people believe that state constitutions should focus exclusively on fundamental law and contain less detail. Between 1950 to 1970 45 states revised their constitutions, making them shorter. The Kansas constitution is now the shortest.