Federal Preemption Quotes



This, then, is the position in which we stand. A small majority of the citizens of one State in the Union have elected delegates to a State convention; that convention has ordained that all the revenue laws of the United States must be repealed, or that they are no longer a member of the Union. The governor of that State has recommended to the legislature the raising of an army to carry the secession into effect, and that he may be empowered to give clearances to vessels in the name of the State. No act of violent opposition to the laws has yet been committed, but such a state of things is hourly apprehended, and it is the intent of this instrument to PROCLAIM, not only that the duty imposed on me by the Constitution, “to take care that the laws be faithfully executed," shall be performed to the extent of the powers already vested in me by law or of such others as the wisdom of Congress shall devise and Entrust to me for that purpose; but to warn the citizens of South Carolina, who have been deluded into an opposition to the laws, of the danger they will incur by obedience to the illegal and disorganizing ordinance of the convention-to exhort those who have refused to support it to persevere in their determination to uphold the Constitution and laws of their country, and to point out to all the perilous situation into which the good people of that State have been led, and that the course they are urged to pursue is one of ruin and disgrace to the very State whose rights they affect to support. Fellow-citizens of my native State! let me not only admonish you, as the first magistrate of our common country, not to incur the penalty of its laws, but use the influence that a father would over his children whom he saw rushing to a certain ruin. In that paternal language, with that paternal feeling, let me tell you, my countrymen, that you are deluded by men who are either deceived themselves or wish to deceive you. Mark under what pretenses you have been led on to the brink of insurrection and treason on which you stand! First a diminution of the value of our staple commodity, lowered by over-production in other quarters and the consequent diminution in the value of your lands, were the sole effect of the tariff laws. The effect of those laws was confessedly injurious, but the evil was greatly exaggerated by the unfounded theory you were taught to believe, that its burdens were in proportion to your exports, not to your consumption of imported articles. Your pride was aroused by the assertions that a submission to these laws was a state of vassalage, and that resistance to them was equal, in patriotic merit, to the opposition our fathers offered to the oppressive laws of Great Britain. You were told that this opposition might be peaceably-might be constitutionally made-that you might enjoy all the advantages of the Union and bear none of its burdens. Eloquent appeals to your passions, to your State pride, to your native courage, to your sense of real injury, were used to prepare you for the period when the mask which concealed the hideous features of DISUNION should be taken off. It fell, and you were made to look with complacency on objects which not long since you would have regarded with horror.


Jackson makes the case against the South Carolina argument for nullification. In the related quote, he makes his threat which was very successful in ending the notion of “nullification”. The extensive quotation is given as it summarizes the entire issue that was one of the crises of early America.


Governor George Wallace had “interposed” himself and state police to prevent the Alabama Federal Court’s Desegregation Order of the State University.


Perez was a virulent racist who was the strongest political boss in Louisiana. Perez wanted to maintain segregation despite any Federal Court orders, and if the Federal Government would send Federal Marshalls or Federal Troops to enforce desegregation court decision, he would have the Louisiana State Police keep them out or the state, even if it came to a shooting battle. The Governor used this quotation to talk him out of the idea.


Lockwood was one of the first American politicians to advocate some uniformity in State laws such as we now have with the Uniform Commercial Code and various model laws together with much more Federal preemption.


Slavery was Hammond’s pet example where the Federal Government was constantly trying to limit, and control the South. However, he and later anarchists many libertarians of this day see the issue as a general principle.


In the related quote, Jackson makes the case against the South Carolina argument for nullification. Here he makes his threat which was very successful in ending the notion of “nullification”. The extensive quotation is given as it summarizes the entire issue that was one of the crises of early America.