The doctrine of nullification, rooted in the writings of James Madison and Thomas Jefferson (particularly the Kentucky and Virginia Resolutions of 1798), refers to the idea that states have a duty to resist and invalidate unconstitutional or overreaching federal actions within their borders. Madison outlined four progressive steps (often interpreted as foundational elements or “pillars” of effective nullification/interposition) in his 1800 Report on the Virginia Resolutions. These steps build upon one another to create practical resistance, making federal enforcement untenable without widespread cooperation. They apply to both unconstitutional laws and unpopular federal programs.
The 4 Pillars (Steps) of Nullification
1. A disquietude of the people Public dissatisfaction or unrest arises when the federal government usurps powers or enacts unpopular policies. This grassroots agitation is the starting point, alerting citizens to the issue and mobilizing opinion against the federal overreach.
2. Repugnance and refusal to co-operate with the officers of the Union Individuals, localities, and state officials actively refuse to assist federal agents in enforcing the law. Since the federal government lacks its own massive enforcement apparatus, it relies on state and local cooperation; widespread non-compliance renders the law practically unenforceable.
3. The frowns of the executive magistracy of the State The state governor (or executive branch) publicly condemns the federal action, issuing formal protests to rally public support, educate the populace, and signal readiness for further resistance. This “frown” elevates the issue to an official level.
4. Legislative devices The state legislature passes resolutions, laws, or ordinances explicitly interposing against the federal action—declaring it null and void within the state. This could include bans on state resources for enforcement or protections for residents who resist compliance.
Madison emphasized that these steps, when coordinated across multiple states, create formidable barriers to federal power, as “a concurrence of [these] would present obstructions which the federal government would hardly encounter.” Jefferson echoed this in the Kentucky Resolutions, calling nullification “the rightful remedy” for undelegated federal powers, with states having a “natural right” to void such acts in their jurisdiction.
This framework has influenced modern nullification efforts, such as state laws rejecting federal mandates on issues like gun control, cannabis prohibition, or healthcare. For deeper reading, see Madison’s Report on the Virginia Resolutions (1800) or resources from the Tenth Amendment Center.