(L60) The Constitution, State Power & Nullification

1.) What is the idea of a “living Constitution”? In what way could it be argued that the American Revolution was a war against a “living Constitution”?

The idea of a “living, breathing Constitution” supports that the law of the Constitution must be interpreted (and changed by Judges) to suit current times. The American Revolution was a war against a “living Constitution” because the colonists were arguing that government action violating longstanding (unwritten) traditions was unconstitutional. Changing the Constitution to suit the times is a gross perversion of its original intent.

2.) What is nullification? Discuss one example from U.S. history in which the a state or group of states acted in the spirit of the Virginia and Kentucky Resolutions of 1798.

Nullification is the act of making a political action legally void, or cancelling it out. One example of nullification in U.S. history can be found through the years of 1808-1809, when Jefferson’s embargo was imposed by the federal government stating that American cargo ships could not travel to foreign ports. In January of 1809, Massachusetts declared this act unconstitutional. Following closely after in February, the governor of Connecticut ordered state officials to be uncompliant in regards to Jefferson’s embargo. Lastly, in March, Rhode Island declared that it’s (state) government would protect any and all of it’s people against this unconstitutional exercise of power by the federal government.

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