In the 19th century, the theory of nullification, and the crisis it
provoked, was all about states' rights. Nullification advocates argued
that the constitution was a compact between sovereign states, and
therefore states could choose to ignore federal laws that they
considered unconstitutional.
The Civil War largely put an end to this clash, but in the 21st century there's a new theory of nullification. This one, though, isn't about a conflict between states and the federal government. It's about a conflict within the federal government. There isn't yet any modern-day John Calhoun to articulate this new theory of nullification in detail, but the nickel version is pretty simple: it says that a single senator can nullify a duly passed statute of the United States.
The Civil War largely put an end to this clash, but in the 21st century there's a new theory of nullification. This one, though, isn't about a conflict between states and the federal government. It's about a conflict within the federal government. There isn't yet any modern-day John Calhoun to articulate this new theory of nullification in detail, but the nickel version is pretty simple: it says that a single senator can nullify a duly passed statute of the United States.
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