Nullification Doctrine

When nullification is spoken about, the most common point of reference is the nullification crisis of 1832. However, there is much more to nullification, other than just the crisis, which happened in the state of South Carolina. Before we turn towards the nullification doctrine, we will first try to understand the meaning of the word nullification. Nullification stands for the act of nullifying something. It can also be explained as making something null and void. Overriding the effect of something is also termed as nullification. Having understood the meaning of nullification, we will turn towards the doctrine itself.

Nullification Theory

The nullification doctrine states, that any U.S. State can rightfully nullify or invalidate any law passed by the federal government, which the state government deems unconstitutional. If one has to look at American history, it is clear that different sovereign states came together to form an Union. Since, the states together formed the Union, the final authority in regards to the deciding the limits of the power of the federal government rest with the state. In other words, the extent to which federal government can exercise their authority will be decided by the state governments. This was also called as compact theory. It is important to note, that any efforts by governments of any state to declare a federal law null and void have never been upheld. There is also an extreme case of assertion of sovereignty by the states, which is known as secession. In this, the state can decide to terminate its political affiliation with the Federal government.

Who was the Most Significant Proponent of the Nullification Doctrine?

The origin of the doctrine of nullification is said to be in the famous resolutions of Kentucky and Virginia. These resolutions were made in protest against the Alien and Sedition Acts. The foremost proponents of this doctrine were Thomas Jefferson and James Madison. They opined, the ultimate authority of interpreting the Constitution rests with the state governments. At the same time, the state government can interfere to protect the citizens of the state from the unconstitutional laws passed by the Federal government. Over a period of time, there were talks about secession after Jefferson’s party came to power and formed the Federal government. It is important to note, that the nullification doctrine came to be more associated with matters related to slavery.

John C. Calhoun gave out the most famous statement in regards to nullification. His words appeared in the South Carolina Exposition and Protest of 1828. The nullification crisis took place in 1832. In this year, South Carolina undertook upon itself to nullify the tariff of 1832 law passed by the Federal government. Then, there was an attempt by the northern states to block enforcement of the pro-slavery Federal Fugitive Slave Acts passed in 1793 and 1850. Although, the laws were not declared nullified, the actions were such that it nullified the effectiveness of the Federal law.

The nullification doctrine came up again in the 1950’s. It was in response to Supreme Court’s decision in Brown vs. Board of Education case. According to this ruling, it was decided that segregation of schools was illegal. Almost ten schools in the South undertook different measures, whereby they preserved the segregation and did not follow Brown. However, after the Supreme court ruling, which said, "the Brown decision can neither be nullified openly or directly by state legislators or state executive or judicial officers nor nullified indirectly by them through schemes for segregation", that there was a stop on nullification process.

From the discussion on nullification doctrine, we have seen in this write up, it is clear that steps taken by any of the state government to nullify any of the Federal law are going to be futile. Ultimately, the Federal law will prevail on the state governments and they will have to enforce the laws.

Alcohol Prohibition and the Criminal Underworld it Spawned

When considering the "Roaring Twenties" in the U.S., prohibition is perhaps the most relevant and interesting facet of that period of the nation’s history. Referred to by some as "The Noble Experiment," alcohol prohibition in the U.S. was pushed forward by temperance leagues around the nation and eventually codified by the federal government in the form of the 18th Amendment to the U.S. Constitution. The amendment was proposed by the U.S. Senate on December 18, 1917. After having been approved by 36 states, the 18th Amendment was officially ratified on January 16, 1919 after being vetoed by President Woodrow Wilson and subsequently went into effect on January 16, 1920.

Far from having the desired effect, however, prohibition did little or nothing to curb drinking in the country and, instead, spawned a rich, prosperous and violent criminal underworld that consisted of gangster who were all too happy to sell alcohol illicitly and at astronomical prices. It was during this era that some of the most infamous criminals in the history of the country first became prosperous and notorious.

Until about 1920, the U.S. mafia and other criminal groups had engaged primarily in gambling, prostitution and theft. After the 18th Amendment went into effect, however, it became increasingly profitable to smuggle liquor into the country from Canada and overseas, or to produce it in homemade "stills." The bootlegging, as the illegal production and distribution of alcohol came to be known, was made more profitable by watering down alcohol or substituting a portion of properly-manufactured alcohol with other alcoholic liquids.

In the largest cities in the U.S., "Speakeasies" came into being throughout the nation, leading to the enduring image of the "Roaring Twenties" in our collective minds. At the same time, notorious gangsters like Al Capone and his sworn enemy Bugs Moran made millions of dollars by fulfilling the nation’s desire for alcohol. It was the ongoing wars between gangsters during the 1920s that to this day defines the gangster era in the U.S. and that still are the subject of films made in the modern day. Capone himself controlled roughly 10,000 speakeasies in Chicago and was the de facto king of the bootlegging business from Florida to Canada. To stake his claim and maintain control of this illicit empire, Capone and his ilk engaged in bribery, murder, torture and many other forms of illegal and violent behavior that was, ultimately, much worse than the effects of alcohol had ever been on the nation.

As the Great Depression began, and people tended to turn toward drink as a way of metaphorically "drowning their sorrows," prohibition, previously lauded by most Americans, came under increasing scrutiny. When the St. Valentine’s Day Massacre occurred in 1929, it was the final straw in the public’s acceptance of prohibition. With the massacre the direct result of fighting between gangsters over the illegal liquor business, prohibition was on its last legs.

At long last, the 18th Amendment was overturned when President Franklin Roosevelt signed into law a new amendment - the 21st - on March 22, 1933. The new Cullen-Harrison Act allowed the manufacture and sale of alcoholic beverages, but to this day, it is illegal to manufacture distilled spirits without overcoming a wide variety of federal licensing requirements. It is the last remaining vestige of a well-meaning law that wrought havoc on the country in numerous ways, contrary to the intentions of its proponents.

Dawes Act

Ever wondered why the western part of USA is mostly agrarian? Well the roots (pun unintended) of this mode of economic development were laid way back in 1880's. Since then, or in fact agriculture was being done before that in the USA. But there was one thing particularly which led to a dramatic change in the agriculture scene in the USA. The person responsible for that was US Senator Henry L Dawes, from Massachusetts. This incident I am talking about in American history is the Dawes Act. This act was enacted in connection with the Native Americans. If this blast from the past interests you, then read on!

What Was the Dawes Act

Simply put, the act was enacted in relation to the native Americans and distribution of land to them, the ones especially in Oklahoma. Signed into law on February 8, 1887, the name is given after its sponsor, Henry Dawes, as mentioned before. Primarily, the act, passed by the Congress facilitated the division of lands held by tribal in individually-owned parcels. This opened 'surplus lands' to non-Indian settlements and rail road development. The Dawes Act of 1887 brought into focus 4 primary concepts and which were believed to be the objectives of this act.

Allotment of Land
Allotment of land in severalty to individual Indians was basic premise of this act. Under this, the remaining land was made available to settlers and orphans under the age of 18 and other single people under eighteen received 40 acres. Moreover, under this act, heads of families and single people over eighteen years were given allotments of 160 acres. The reasons for doing all this was to protect the native Indians from getting swindled.

Vocational Training
Another answer to what was the purpose of the Dawes Act is that this act aimed at a gendered training, involving farming and agriculture for men and homemaking for Indian women. All this was also an apparent attempt to civilize the native Americans.

Education
The Dawes Act provided for 'civilized' channel of education for native American children in government schools. This was so stringent that the troops took children away if there was resistance from parents. Moreover, boarding was preferred to ensure that the children get away from the tribal influence.

The Divine Intervention
According to Dawes Act, the churches were to intervene in policy making and missionary work related to the native Americans and near the tribes. Consequently a code of religious offense was established. In addition to this, the agents had the power and authority to convict red Indians if they practiced their religion.

So primarily these were the implications of the Dawes Severalty Act of 1887. Although some of these provisions seemed to be beneficial, some of the provisions clearly seemed to be atrocious and inflicting injustice on the tribals.

Aftermath of the Dawes Act

Just above I said that the American tribal experienced a lot of negativity as a result of this act, even if it emphasized on individual or private land ownership. The negativity marred the unity, culture and self government of the tribal community. The catch was that the land granted to the people was not adequate to provide financial security and it was not economically viable. Rather, the division of land amongst the heirs upon the death of the person being allotted the land, led to fractionalization. The allotment land, which for most part could be sold after 25 years was ultimately sold to non-native buyers at bargain prices. In addition to this, land marked as surplus, beyond what was left after allotment was opened to white settlers. However, the profits from the sales of these lands were many a times invested in programs meant to aid the American Indians.

The act, eventually was amended in 1891 and then once more again in 1906 by the Burke Act. That was all about the Dawes Act. This was just the Dawes Act summary. There were many repercussions and effects of this act, which have now been deeply buried in the pages of history. I close my treatise here!