"First, no less than seven states had engaged in acts of nullification of the U.S. Constitution long before South Carolina announced its plans to secede on December 20 1960 – Kentucky (1799), Pennsylvania (1809), Georgia (1832), South Carolina (1832), Wisconsin (1854) Massachusetts (1855), and Vermont (1858), According to Professor H Newcomb Morse, “Nullification occurs when people of a state refuse to recognize the validity of an exercise of power by the national government which, in the state’s view, transcends the limited and enumerated delegated powers of the national constitution.” Those instances where national laws have been nullified by Northern states gave credence to the view that the compact forming the Union had already been breached and the Confederate states were morally and legally free to leave."
Refutation #1 - Kentucky in 1799 did not 'nullify' federal law. The reference above is to the Kentucky Resolution of 1779,
which was essentially a protest against the Alien and Sedition Act. You can read it here:
Kentucky Resolution of 1799
Key point in the resolution:
"That although
this commonwealth as a party to the federal compact; will bow to the laws of the Union, yet it does at the same time declare, that it will not now, nor ever hereafter, cease to oppose in a constitutional manner, every attempt from what quarter soever offered, to violate that compact...."
And a further look at some of the other examples on that list.. (where we know Nullification has never been upheld...)
Pennsylvania: 1809 --United States v. Peters, 9
[LINK] The Supreme Court rejected the idea of nullification.
[n response, the Governor of Pennsylvania called out the state militia to prevent enforcement of the Supreme Court's judgment. However, the U.S. Marshal summoned a posse, carried out the Supreme Court's order, and arrested the leaders of the state militia. The Pennsylvania legislature passed a resolution declaring the action of the Supreme Court unconstitutional, invoking states' rights, and appealing to the other states for support.Eleven states responded by disapproving Pennsylvania's attempted nullification. No state supported Pennsylvania.The Governor of Pennsylvania made a plea to President James Madison to intervene, but Madison affirmed the authority of the Supreme Court. The Pennsylvania legislature backed down and withdrew the militia.
Thus, Pennsylvania's attempt to nullify the federal court judgment failed.
South Carolina - 1832. We know how that worked out. "No other state supported South Carolina. James Madison, author of the Virginia Resolution, also weighed in at this time, stating that the Virginia Resolution should not be interpreted to mean that each state has the right to nullify federal law.
[LINK]
Wisconsin, 1854: here, Wisconsin Court held the Fugitive Slave Act unconstitutional. "Accordingly, the Court held that the Wisconsin court did not have the power to nullify a federal statute that had been upheld by the federal courts or to interfere with federal enforcement of that statute.
Ableman v. Booth was the Supreme Court's most thorough examination yet of the theory of nullification. Like the decisions that preceded it,
Ableman found that federal law was superior to state law, and that under the Constitution, the final power to determine the constitutionality of federal laws lies in the federal courts, not the states.
Ableman found that the Constitution gave the Supreme Court final authority to determine the extent and limits of federal power and that the states therefore do not have the power to nullify federal law.
Vermont 1858: Tried to nullify the Dred Scott decision (making even Free Blacks not citizens - with no rights) Bzzzt. Nope.
