The Reign of Andrew Jackson by Frederic Austin Ogg
page 95 of 194 (48%)
page 95 of 194 (48%)
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Cohens _vs._ Virginia, in 1821, the Supreme Court held that it had
appellate jurisdiction in a case decided by a state court where the Constitution and laws of the United States were involved, even though a State was a party; whereupon the Virginia House of Delegates declared that the State's lawyers had been right in their contention that final construction of the Constitution lay with the courts of the States. Jefferson, also, gave this assertion his support, and denounced the centralizing tendencies of the Judiciary, "which, working like gravity without any intermission, is to press us at last into one consolidated mass." In 1825 Jefferson actually proposed that the Virginia Legislature should pass a set of resolutions pronouncing null and void the whole body of federal laws on the subject of internal improvements. The Georgia Legislature, aroused by growing antislavery activities in the North, declared in 1827 that the remedy lay in "a firm and determined union of the people and the States of the South" against interference with the institutions of that section of the country. Already Georgia had placed herself in an attitude of resistance to the Federal Government upon the rights of the Indians within her borders, and within the next decade she repeatedly nullified decisions of the federal courts on this subject. In 1828 the South Carolina Legislature adopted a series of eight resolutions denouncing the lately enacted "tariff of abominations," and a report, originally drafted by Calhoun and commonly known as _The South Carolina Exposition_, in which were to be found all of the essentials of the constitutional argument underlying the nullification movement of 1832. When Jackson went into the White House, the country was therefore fairly buzzing with discussions of constitutional questions. What was |
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