Homemade Sovereignty · Episode 7 of 7 · 53 min
The Supremacy Clause: Why Every Nullification Theory Has Lost in Court for 200 Years
Every theory in the series meets Article VI, which makes federal law supreme, and loses. The episode traces the line from McCulloch v. Maryland through the Nullification Crisis, Ableman v. Booth, Cooper v. Aaron and United States v. Nye County. It ends by noting that legal supremacy depends on institutions to enforce it, a gap seen at Bunkerville.
Who's who
- John Marshall+7 more episodesChief Justice who wrote McCulloch v. Maryland (1819)
- John C. Calhoun+2 more episodesVice President and theorist of nullification
- Andrew Jackson+7 more episodesPresident who answered South Carolina's 1832 nullification with a Proclamation
- Roger TaneyChief Justice who wrote Ableman v. Booth (1859)
- Alexander Hamilton+2 more episodesDefended the Supremacy Clause in Federalist 33
- James Madison+6 more episodesDefended the Supremacy Clause in Federalist 44
Where it happens
- Nye County, Nevada+2 more episodesResolutions claiming federal lands were rejected in 1996
- South Carolina+1 more episodeState that nullified the federal tariff in 1832
- Wisconsin+3 more episodesState court tried to nullify the Fugitive Slave Act
- ArkansasClaimed power to defy Brown v. Board in Cooper v. Aaron
Timeline
- 1787-1788Constitution drafted and ratified with the Supremacy Clause
- 1819McCulloch v. Maryland bars states from taxing or controlling federal instruments
- 1832-1833Nullification Crisis; Jackson's Proclamation and the Force Bill
- 1859Ableman v. Booth rejects state nullification of the Fugitive Slave Act
- 1958Cooper v. Aaron: all nine justices reject Arkansas' defiance of Brown
- 1996United States v. Nye County rejects county claims to federal land
Still debated
Scholars known as departmentalists contest Cooper v. Aaron's claim that the Supreme Court's interpretation binds state officers, though no version licenses sheriff-led nullification. Critics note that sanctuary policies and Second Amendment sanctuaries rest on the same footing, and the line between lawful non-cooperation and obstruction is contested at its edges.
Connected episodes in other series
Judicial Review Isn't in the Constitution. So Where Did It Come From?The Least Dangerous Branch? · Episode 2Also features Alexander Hamilton, James Madison
How the U.S. Broke Nearly 370 Treaties With Native NationsAs Long as the Grass Grows · Episode 1Also features Andrew Jackson, John Marshall
The Highland Clearances and the Trail of Tears: Removal by LawEmpty the Land · Episode 2Also features Andrew Jackson, John Marshall
The KeystoneRight to Vote · Episode 1Also features James Madison