Calhoun and States’ Rights

Calhoun and States’ Rights

Thomas Allen

In Chaining Down Leviathan: The American Dream of Self-Government 1776-1865 (McClellanville, South Carolina: Abbeville Institute Press, 2021), Luigi Marco Bassani discusses John C. Calhoun’s concept of States’ rights. The following summarizes that discussion.

Calhoun used “State” to designate the people of a State and not its government, which the people (body politic of that State) created. Each State was a self-governing political community, and the people of each State were the sovereign authority — not their government. Concurrent majority and the concept that the Constitution was an agreement between the States were the core features of Calhoun’s political thoughts. Thus, he objected to the notion that a simple numerical majority should decide all political issues.

According to Calhoun, sovereignty belonged either to the States or to the Union. Because sovereignty was indivisible, it could not belong to both. He argued that sovereignty resided in the people of the individual States and not in the people of the Union as a whole.

Calhoun asserted that the Supremacy Clause invested no power in the federal government. It clearly did not establish the supremacy of the federal government. Further, he maintained that the authority of the federal government set up by the Constitution was limited to the delegated powers and that laws enacted pursuant to these delegated powers were supreme. However, the Supremacy Clause did not extend beyond these delegated powers, i.e., the supremacy of the federal government is not absolute. The States and the people of the States retained all authority not expressly delegated to the federal government.

Conflict, according to Calhoun, did not originate in society. Governmental action caused conflict by creating two opposite social classes: taxpayers and tax consumers. Moreover, suffrage led to conflict between the different interests in a community because each interest strove to obtain the power to protect itself from the others and to advance its own agenda. However, conflicting interests did not lead to a government. Politics was what caused the conflict between various interests.

Calhoun thought equalizing the fiscal appropriations of a government was impossible. Taxation and public expenditures caused two conflicting interests. While those who controlled the government benefitted from the taxes, those who did not control the government paid more in taxes than they received back in disbursements. Consequently, political power, government, is the cause of conflict in society.

For many years, Calhoun sought in the Constitution the defense against the federal government’s intrusions. He based his arguments on the individual States being contracting parties to and, therefore, the real principals of the Constitution.

The Constitution centered around the States. This centralness appeared in how Representatives and Senators were chosen. The people of the several States chose members of the House of Representatives. The legislatures of the States elected senators. (Now, the people of each State elect that State’s Senators via the seventeenth amendment.) Representatives and Senators must be inhabitants of the State from which they are elected. Moreover, Representatives were never considered a delegate of a part of the American people.

Calhoun noted that States were the source of the federal government’s political powers. Political power flowed from the States to the federal government and never vice-versa. The Constitution gave certain powers to the federal government and prohibited others. However, it never gave any powers to the States; it only prohibited certain powers. All powers that the States did not expressly delegate to the federal government, they reserved for themselves, i.e., the States retained all powers not expressly delegated. Thus, the Constitution established a federal government with highly limited powers.

For Calhoun, the States were the sole actors in the Union. Unlike Jefferson, who favored a federal-type relationship between centers of government within a State, Calhoun did not. He favored a simple administrative relationship between the State government and local authorities. However, he believed that the United States were an authentic federation.

Calhoun objected to governmental interference in the economic pursuits of individuals, who understood their own interests better than any government. Accordingly, he supported free trade and, therefore, low tariffs. Fervently, he objected to protective tariffs and the South paying disproportionately a much larger share of federal revenue than the North paid. Consequently, the North was exploiting southern producers and consumers for the benefit of the northern manufacturing industry. This redistribution of wealth was not limited to the South. It also was used against northern workers and would result in a class struggle — all courtesy of the federal government.

Furthermore, Calhoun recognized that the centralization and concentration of power in the federal government were being used for northern interest and were causing corruption that threatened the freedom of the country. Interposition by the States was the solution to this centralization of power. However, States could not interpose their authority to interfere with the powers that the Constitution expressly delegated to the federal government. Likewise, the federal government could not interfere with the powers that the States had retained for themselves.

Moreover, the Constitution was based on distinguishing between government and sovereignty. Governmental powers resided in the institutions either of the States or the federal government. Sovereignty resided in the people of each State respectively. Three-fourths of the States were the final constitutional authority.

Because the Constitution created the departments of the federal government, sovereignty did not and could not reside in any department of the federal government. Their sole purpose was to execute the provisions of the Constitution. Any act of the federal government that altered the nature of the Constitution or changed any condition of the parties to it was usurpation.

Calhoun believed that the Supreme Court might judge acts of a State whether they violated the constitutional prerogatives of the federal government. However, the Supreme Court should not and could not legitimately judge an act of the federal government whether it violated the constitutional prerogatives of a State. For the Supreme Court to do so placed it above the States that created the Constitution and vested in it the power to alter the powers of the federal government and the States. 

Calhoun recognized that the text of the Constitution could not impose practical restraints on the federal government. Reason and justice could never restrain power: Only power could restrain power. Only the States possessed sufficient power to restrain the federal government. Therefore, each State should have and did have the right to judge for itself if the federal government had violated any of its rights.

Calhoun maintained that the Constitution implicitly allowed secession because it was a contract between sovereign parties. The ratification process proved this conclusion. As distinct political entities independent from each other, the States ratified the Constitution. Moreover, no State was part of the Union under the Constitution until it ratified the Constitution. Furthermore, the Union was a union of sovereign States without a direct link between the federal government and citizens.

Secession had nothing to do with the federal government. It was an act of a State withdrawing from a partnership with the other States. Although secession was extreme, it was not foreign to the constitutional system. However, according to Calhoun, secession did not derive from the contractual nature of the Constitution; it derived from its political nature.

Calhoun rejected the notion of the will of the majority being the will of the people. For him, the “will of the majority” meant a particular interest or coalition of interests that prevailed over others. Like most people of his era, he believed that a government based on a numerical majority was tyrannical by nature. To overcome the tyranny of an absolute numerical majority, he advocated a concurrent majority on all important issues.

For Calhoun, the term “United States” was geographical and not political. However, he conceived of the United States as more than a league of States. Yet, the States should never become a centralized democracy where an absolute majority ruled. Such a rule would result in abandoning constitutional guarantees. Consequently, States should and did have the right to judge as the last resort the limits that the Constitution placed on the federal government. This right should be defended at all costs. Otherwise, the United States would become a dictatorship of the executive branch.

Both Jefferson and Calhoun considered a State to be the people of the State and not the governmental power. However, Jefferson believed that the United States were for a special purpose only while Calhoun believed them to be an assemblage of nations.

For Calhoun, nullification was peaceful in nature and did not damage the prerogatives of the federal government. When a conflict between a State and the other States could not be resolved, the State had to choose either secession or submission. As a political sovereign and partner with the other States in establishing the Union, each State acting individually and independently had the right to secede peacefully.

Copyright © 2022 by Thomas Coley Allen.

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