The Political Constitution of Federalism in Antebellum America: The Nullification Debate as an Illustration of Informal Mechanisms of Constitutional Change

The requirements of the U.S. Constitution are often assumedto be either clear or defined by the judiciary through interpretation,or both. Examination of the nullification crisis of 1833 indicatesthat this view of the U.S. Constitution is misleading. The nullificationcrisis provoked three competing visions of the appropriate understandingof federalism in the context of textual ambiguity and judicialactivity. The subsequent development of federalism was determinedby that political conflict and compromise. The nullificationcontroversy provides an important example of the openness ofconstitutional norms, the significance of political debate inthe shaping of constitutional meaning, and the complexity ofantebellum political thought.