South Carolina argued that it may invalidate the Tariff of 1828 in this situation.
The tariff, according to Calhoun, was unconstitutional because it undermined the states' right to be independent. States had the ability to invalidate any unconstitutional legislation passed by Congress. According to Calhoun, the institution is advantageous to slaves "physically, morally, and intellectually." He claims that having a working class is typical of society and that slaves are treated far better than servants and the poor in Europe.
In the Virginia and Kentucky Resolutions of 1798–1799, Thomas Jefferson and James Madison had argued for the idea of nullification. Jefferson claimed that the federal government served as their agent and that the union was a contract between independent states.
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