2 S. C. L. Q. 245 (1949)
The Doctrines of Nullification and Secession--A Historical Study

handle is hein.journals/sclr2 and id is 257 raw text is: THE DOCTRINES OF NULIFICATION AND SECESSION-
A HISTORICAL STUDY
HowAR    NxWCOmB MosE.*
Interposition or nullification is the non-recognition of the validity
of federal law by the people, the Governor, the legislature, or the
judiciary of a State, the recognition of the consequent non-amenda-
bility of the people of the State to such federal law, and the render-
ing inoperative of such federal law within the State by non-compliance
with such federal law on the part of the people, the Governor, the
legislature, or the judiciary of the State.
President John Quincy Adams was of the opinion that, '... the
people of a state . .. have delegated no such power (the power to
nullify federal law) to their legislatures or their judges.' He was
silent as regards whether the people of a State have delegated such
power to their Governor.
He thought that the people of a State alone might legitimately exer-
cise such power as they possessed it as one of their residual powers
(unless they had delegated it to their Governor). However, he con-
sidered that whenever such power is exercised, ... . they (the people
of a State) do thereby declare themselves and their State quoad hoc
out of the pale of the Union. Therefore, to him the immediate and
inevitable corollary to interposition was secession.
Secession is the re-assumption by the people of a State of the
powers they had delegated to the United States. Nullification is a
re-assumption of one or several of such powers, but secession is a
complete re-assumption of all such powers. By virtue of interposi-
tion a State is an equal partner in the Union in all respects except
those touching upon the federal law which the people, the Governor,
the legislature, or the judiciary of the State have nullified. By vir-
tue of secession a State is without the Union and a complete, inde-
pendent, and sovereign nation. Secession can be effectuated, not by
the Governor, the legislature, or the judiciary of a State, but only
by the people of the State since the powers to be re-assumed had
0Member of Georgia Bar. Member of law firm of Heineke & Conklin, Chicago, Ill.
Author of many articles in other legal periodicals.
1. Piresident John Quincy Adams' Letter of December 30, 1828 in Correspon-
dence Between John Quincy Adams, Esquire, President of the United States,
and Several Citizens of Massachusetts Concerning the Charge of a Design to
Dissolve the Union Alleged to Have Existed in That State, Press of the Boston
Daily Advertiser, Boston 1829, pp. 32, 33.

What Is HeinOnline?

With comprehensive coverage of government documents and more than 2,400 journals from inception on hundreds of subjects such as political science, criminal justice, and human rights, HeinOnline is an affordable option for colleges and universities. Documents have the authority of print combined with the accessibility of a user-friendly and powerful database.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Already a HeinOnline Subscriber?