The debate as to the powers that are supposed to be enjoyed by each level of government has continued to be a divisive one. There are different vantage points from where the debate can be analyzed. Since the US gained her independence, and even during the revolution, there have been schisms as to how state governments are supposed to relate with the Federal government. Political thinkers, politicians, scholars, and even the ordinary people have all occasionally differed radically as to the extents of the powers harbored by each level of authority. It is always instructive to appreciate that this debate has been informed by both progressive and conservative forces who read from different scripts. For around three centuries now, the discussion has been how power should be shared between the two levels of government and what roles should each play. Although the current constitution provides a bright and vivid enumeration of the forces that states and national governments should possess, the debate has still yet not subsided. Elections on many occasions have been conducted based on this debate, and even wars have been waged over it.
Virginia and Kentucky Resolutions
These were political settlements which happened in 1798 and which played critical roles in contributing to the question about power-sharing in the US. The collectively pronounced that the Alien and Sedition Act was illegal and lacked any basis in the constitution in its way of advocating for federalism. Key players and political actors like Madison and Jefferson secretly played significant roles in writing of these state resolutions. The primary and fundamental argument that was made by these resolutions was that states had the powers of opposing perceived illegal actions by Congress (Jasinskiand Mercieca 47). This meant that in instances when the rules felt that Congress had overstepped its mandate, they had the authority of declaring such acts null and void. The supporter’s ad writers of these resolutions believed that by making such pronouncements, the states would have the capacities to guard themselves against frivolous and unlimited powers of the national government. Ultimately, it can be argued that both these resolutions called and advocated for a restricted or limited philosophy of interpreting the constitution. Rather than giving the national government broad unlimited powers, the decision opined that such powers needed to have boundaries in their application. Of critical importance was also the fact that the resolutions advocated for the respect of the state authorities and powers.
Many of the principles that were espoused in the Virginia and Kentucky resolutions were later referred to as the “tenets of ‘98”. Fundamentally, the people who subscribed to these principles believe that any actions undertaken by the national government could face the option of rejection by the states. Such a contemplated rejection could arise from legality or constitutionality of the policies or laws of Congress in question. In instances when a country had determined that specific actions by the national government were illegal, then the best way to remedy the situation was to nullify such policies. Therefore, the idea of interposing or intervention by the states was mooted by these resolutions. When the national government passed an illegal plan, then the states had the duty of intervening to rectify the situation. To ensure that actions took the rules had legitimacy, the resolutions advocated for joint or collective efforts.
South Carolina Exposition and Protest
This exposition was written amidst a crisis that had struck South Carolina state against the Federal government between 1832-1833. Whereas the national government had enacted tariff laws for all states, the country was opposed to such tariff arrangements. During the Kentucky and Virginia Resolutions, the delegates and adherents called for the enactment of nullification clauses in the constitution. These clauses were supposed to give the state the powers to reject anypolicies from the national government that they perceived to be illegal and unjust. The South Carolina protestation sought to entrench this sovereignty of states in determiningwhich strategies to implement. John Calhoun, who at the time the vice president of the US, was the chief proponent of the nullification doctrine, secretly advocated for the rejection of the Tariff Act in 1828 (Freehling 222). The South Carolina protests came on the backdrop of the Federal government policies on the imposition of tariffs on trade. The state’s assembly feared that such systems might end up causing recessions rather than development. Hence, they sought to rebuff them through a declaration, which was a culmination of tow caucuses. The exposition provided that the tariffs by the national government were merely unconstitutional because while they supported manufacturing, they demonized trade and agriculture.
Common features
The common characteristic between South Carolina Exposition and the Virginia and Kentucky resolutions was that both documents advocated for limiting of federalism. Delegates in both instances argued that if the Federal government was to be given uncontrolled powers, then there was the possibility that it was going to go overboard in the implementation of its policies. The adherents of these two documents opined that the states were supposed to have autonomy in the means in which they implemented laws and policies within their jurisdictions. Unregulated federalism was perceived as a serious existential threat to the states because seemingly they will have subjugated their powers to the national government.
Differences Between the Two Documents
The significant difference between the Kentucky and Virginia resolutions vis-a-vis South Carolina Protest and Expositions was the historical time within which they were written. The Kentucky Resolutions were primarily concerned against the immigration bottlenecks that had been imposed by the Federal government. The states of Kentucky and Virginia were of the view that the national government should not have sweeping powers to curtail immigration in the states. In the case of South Carolina Exposition. The primary concern was about trade. South Carolina rejected the tariffs that had been sanctioned on the country by the Federal government. The background on which both resolutions were made was, therefore, the differentiating factor.
Conclusion
States should be granted the powers to nullify policies and laws that emanate from the Federal level but only on specific circumstances. Under the modern constitution, although the Federal government enjoys broad or sweeping powers, they are not unlimited. This means that the states have a role to play in enacting the laws that are not under the mandate of the federal authority. The constitution outrightly enumerates the powers that can only be enjoyed by the national government. For instance, the states have the order to ensure that they protect the welfare and health of the citizens within their jurisdiction. This means that the rules play central roles in the governance of the country and not just peripheral duties.
Works Cited
Freehling, William W. “The South Carolina Exposition and Protest of 1828. The individual states, he reasoned, retained their ultimate sovereign power within the Union. Acting through a popularly elected convention.” The Oxford Encyclopedia of the Civil War (2011): 222.
Jasinski, James, and Jennifer Mercieca. “Analyzing Constitutive Rhetorics: The Virginia and Kentucky Resolutions and the” Principles of ‘98″.” (2010).
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