South Carolina Ordinance of Nullification

Explanation and Analysis of the Document

The Ordinance of Nullification states that Congress acted unconstitutionally in passing tariff laws that sought to protect certain industries and individuals at the expense of others. The Constitution gives Congress the power to pass tariffs to raise revenue, but not for any other purpose, including the protection of domestic manufacturing of particular individuals involved in such industries. The ordinance proceeds to declare that the tariffs passed on May 19, 1828, and on July 14, 1832, are null and void. It further states that South Carolina and its people are neither bound by these laws nor required to pay the tariffs. Having declared the laws null, the ordinance turns to the specific actions the state would take if the legislation was not repealed by February 1, 1833. In this case, the legislature of South Carolina would pass all necessary legislation to prevent the federal government from collecting tariffs. Any efforts to appeal state court decisions relating to the nullification to the United States Supreme Court were to be considered in contempt of state courts. The ordinance mandates that all officeholders in the state and jurors, with the exception of the legislators, take an oath to uphold the ordinance or lose their positions. Further, if a court case or a piece of legislation related to the ordinance came under consideration, individuals would have to take an oath to uphold “the true intent and meaning” of the ordinance.

The ordinance closes with a pledge that the people of South Carolina would not submit to the federal government's force. If Congress passed legislation authorizing the federal government to use the army or navy against the state, to close its ports, to interfere with trading vessels, or to enforce the tariff, South Carolina would withdraw from the Union and organize a separate government under their rights as a sovereign state.