Political Science ETDs

Publication Date

5-20-1968

Abstract

A distinction is made between nullification as a legal-theoretical doctrine and interposition as an operational-activist doctrine. Nullification and interposition are interpretations of the primary issue in popular government which is the question of the proper relationship between the majority and the minority. The federal principle is a compromise between the unitary principle and the confederate principle. Opposing positions grew out of this compromise which were best articulated on the one hand by John C. Calhoun and John Taylor of Caroline and on the other by Daniel Webster and John Marshall. The advocates of state supremacy relied upon the contract theory of union. Proponents of a strong central government formulated their argument in terms of an organic theory of union. Theories of sovereignty which grew out of this are most clearly perceived when analyzed in terms of legal sovereignty and political sovereignty. The Kentucky and Virginia resolutions represent the first significant step toward the doctrine of nullification. The nullification principle was most clearly articulated by John C. Calhoun in the South Carolina Exposition and Protest. The doctrine of interposition is based upon the legal-theoretical assumptions set forth by the nullification doctrine, and is the logical extension of nullification. The South Carolina Ordinance of Nullification is the most fully developed example of interposition and stands as a model to which other interposition efforts are compared. The doctrines of nullification and interposition are viewed within the context of constitutionalism and the emergence of a defacto unity system.

Degree Name

Political Science

Level of Degree

Masters

Department Name

Political Science

First Committee Member (Chair)

Harold V. Rhodes

Second Committee Member

Helen Moyer Ingram

Third Committee Member

Tommie Phillip Wolf

Fourth Committee Member

Charles E. Woodhouse

Language

English

Document Type

Thesis

Download

Share

COinS