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Sam Lerner
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Sam Lerner
Lerner at the 34th Annie Awards red carpet at the Alex Theatre in Glendale, California, 2007
Born
Samuel Bryce Lerner
(1992-09-27) September 27, 1992 (age 25)
Riverside, California, U.S.
Occupation
Actor
Years active
1997–present
Parent(s)
Ken Lerner
Patti Klein
Relatives
Michael Lerner (paternal uncle)
Samuel Bryce "Sam" Lerner (born September 27, 1992) is an American actor who is most known for his recurring role as Geoff Schwartz on The Goldbergs, and his role as Quinn Goldberg in the Michael Bay-produced time travel thriller Project Almanac.
Contents
[hide]
1 Career
2 Personal life
3 Filmography
3.1 Television
4 References
Career[edit]
Lerner appeared in the feature film Envy,[1] as the son of Ben Stiller and Rachel Weisz's characters, and played the son of Wendy Malick and Sam Robards's characters in the ABC-TV pilot My Life With Men, and the son of John Leguizamo and Claire Forlani's characters in an untitled Brett Ratner-directed pilot for CBS-TV. Lerner voiced one of the leads, Chowder, in the computer-animated film Monster House (2006). He was nominated for the 2006 Annie Award for Best Voice Acting in an Animated Feature for his role, and was beaten for the award by Sir Ian McKellen.[2]
He has appeared on the television shows Malcolm in the Middle, The King of Queens, Two and a Half Men, Oliver Beene, and Sonny With a Chance, and had a recurring voice role on the Cartoon Network show Whatever Happened to Robot Jones?. He did voice work for Zak Saturday, a character from the Cartoon Network show The Secret Saturdays.
On October 16, 2017, Lerner was cast in the Blumhouse supernatural thriller film Truth or Dare.[3] The film was released in theaters on April 13, 2018.[4]
Personal life[edit]
Lerner was born in Riverside, California, the son of Patti (née Klein), a reporter, and Ken Lerner, an actor.[5] His uncle is actor Michael Lerner.
Filmography[edit]
Film
Year
Title
Role
Notes
2006 Monster House Chowder Nominated – Annie Award for Voice Acting in a Feature Production
2010 Seventeen Aiden Short film
2012 Nobody Walks Avi
2015 Project Almanac Quinn Goldberg
2016 Mono Ivan Gregory
2017 Fun Mom Dinner Alex
2017 Walk of Fame Rowe
2018 Truth or Dare Ronnie
2018 Liked Binger In post-production
Television[edit]
Year
Title
Role
Notes
2003 Malcolm in the Middle Andrew
My Life with Men Marty Unsold pilot;
Two and a Half Men Andrew 1 episode
2004 Oliver Beene The Kid 1 episode
The King of Queens Donny 1 episode
2005 Untitled David Diamond / David Weissman' Jackson Unsold pilot;
2007 Las Vegas Hershel Lipshutz 1 episode
2008–2010 The Secret Saturdays Zak Saturday / Zak Monday 30 episodes
2010 Sonny With a Chance Dinka 1 episode
Rizzoli & Isles Quinn 1 episode
2011 NCIS Nathan Tobias 1 episode
Harry's Law Zach Elwood 1 episode
2011–2014 Suburgatory Evan 13 episodes
2012 Happily Divorced Production Assistant 1 episode
Like Father Mike Unsold pilot;
2014–present The Goldbergs Geoff Schwartz 32 episodes
2015 Lethal Seduction Walter Television film
2017 Workaholics Michael Episode: "Party Gawds"
2018–present Trolls: The Beat Goes On! King Gristle
References[edit]
Jump up ^ Sam Lerner on IMDb
Jump up ^ "34th Annual Annie Award Nominees and Winners (2006)". Annie Awards. Retrieved 2010-01-21.
Jump up ^ Hipes, Patrick; N'Duka, Amanda (October 16, 2017). "'Veep's Reid Scott Joins Sony's 'Venom'; Blumhouse's 'Truth Or Dare' Adds Sam Lerner". Deadline Hollywood. Retrieved January 11, 2018.
Jump up ^ D'Alessandro, Anthony (January 11, 2017). "'Blumhouse's Truth Or Dare' Moves Up Two Weeks To Friday The 13th – Update". Deadline. Retrieved January 13, 2018.
Jump up ^ Staff, Variety (23 December 1992). "Births". variety.com.
Authority control
WorldCat Identities
BNF: cb151202271 (data)
ISNI: 0000 0000 7847 6069
LCCN: no2007041425
VIAF: 34753622

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Carrier-sense multiple access with collision detection
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Simplified algorithm of CSMA/CD. Station checks whether another station is transmitting. If not, it sends the first bit of information. If no collision is detected, it continues to send the other bits of information while continuously checking whether a collision has been detected. If a collision is detected, it calculates a random amount of time to wait and start the process again. If the maximal amount of attempts is reached, then no transmission is possible and it is aborted.
Carrier-sense multiple access with collision detection (CSMA/CD) is a media access control method used most notably in early Ethernet technology for local area networking. It uses carrier-sensing to defer transmissions until no other stations are transmitting. This is used in combination with collision detection in which a transmitting station detects collisions by sensing transmissions from other stations while it is transmitting a frame. When this collision condition is detected, the station stops transmitting that frame, transmits a jam signal, and then waits for a random time interval before trying to resend the frame.[1]
CSMA/CD is a modification of pure carrier-sense multiple access (CSMA). CSMA/CD is used to improve CSMA performance by terminating transmission as soon as a collision is detected, thus shortening the time required before a retry can be attempted.
Contents
1 Procedure
2 Jam signal
3 Late collision
4 Channel capture effect
5 Applications
6 Notes
7 References
Procedure[edit]
The following procedure is used to initiate a transmission. The procedure is complete when the frame is transmitted successfully or a collision is detected during transmission.[2]:33
Is a frame ready for transmission? If not, wait for a frame.
Is medium idle? If not, wait until it becomes ready.[note 1]
Start transmitting and monitor for collision during transmission.
Did a collision occur? If so, go to collision detected procedure.
Reset retransmission counters and complete frame transmission.
The following procedure is used to resolve a detected collision. The procedure is complete when retransmission is initiated or the retransmission is aborted due to numerous collisions.
Continue transmission (with a jam signal instead of frame header/data/CRC) until minimum packet time is reached to ensure that all receivers detect the collision.
Increment retransmission counter.
Was the maximum number of transmission attempts reached? If so, abort transmission.
Calculate and wait the random backoff period based on number of collisions.
Re-enter main procedure at stage 1.
Methods for collision detection are media dependent. On a shared, electrical bus such as 10BASE5 or 10BASE2, collisions can be detected by comparing transmitted data with received data or by recognizing a higher than normal signal amplitude on the bus.[3][4] On all other media, a carrier sensed on the receive channel while transmitting triggers a collision event.[5] Repeaters or hubs detect collisions on their own and propagate jam signals.[6][7]
The collision recovery procedure can be likened to what happens at a dinner party, where all the guests talk to each other through a common medium (the air). Before speaking, each guest politely waits for the current speaker to finish. If two guests start speaking at the same time, both stop and wait for short, random periods of time (in Ethernet, this time is measured in microseconds). The hope is that by each choosing a random period of time, both guests will not choose the same time to try to speak again, thus avoiding another collision.
Jam signal[edit]
The jam signal or jamming signal is a signal that carries a 32-bit binary pattern sent by a data station to inform the other stations of the collision and that they must not transmit.[8]
The maximum jam-time is calculated as follows: The maximum allowed diameter of an Ethernet installation is limited to 232 bits. This makes a round-trip-time of 464 bits. As the slot time in Ethernet is 512 bits, the difference between slot time and round-trip-time is 48 bits (6 bytes), which is the maximum "jam-time".
This in turn means: A station noting a collision has occurred is sending a 4 to 6 byte long pattern composed of 16 1-0 bit combinations. Note: The size of this jam signal is clearly beyond the minimum allowed frame-size of 64 bytes.
The purpose of this is to ensure that any other node which may currently be receiving a frame will receive the jam signal in place of the correct 32-bit MAC CRC, this causes the other receivers to discard the frame due to a CRC error.
Late collision[edit]
A late collision is a type of collision that happens further into the packet than is allowed for by the protocol standard in question. In 10 megabit shared medium Ethernet, if a collision error occurs after the first 512 bits of data are transmitted by the transmitting station,[9] a late collision is said to have occurred. Importantly, late collisions are not re-sent by the NIC unlike collisions occurring before the first 64 octets; it is left for the upper layers of the protocol stack to determine that there was loss of data.
As a correctly set up CSMA/CD network link should not have late collisions, the usual possible causes are full-duplex/half-duplex mismatch, exceeded Ethernet cable length limits, or defective hardware such as incorrect cabling, non-compliant number of hubs in the network, or a bad NIC.
Channel capture effect[edit]
The channel capture effect is a phenomenon where one user of a shared medium "captures" the medium for a significant time. During this period (usually 16 frames)[clarification needed], other users are denied use of the medium. This effect was first seen in networks using CSMA/CD on Ethernet. Because of this effect, the most data-intense connection dominates the multiple-access wireless channel.[10] This happens in Ethernet links because of the way nodes "back off" from the link and attempt to re-access it. In the Ethernet protocol, when a communication collision happens (when two users of the medium try to send at the same time), each user waits for a random period of time before re-accessing the link. However, a user will wait ("back off") for a random amount of time proportional to the number of times it has successively tried to access the link. The channel capture effect happens when one user continues to "win" the link.
For example, user A and user B both try to access a quiet link at the same time. Since they detect a collision, user A waits for a random time between 0 and 1 time units and so does user B. Let's say user A chooses a lower back-off time. User A then begins to use the link and B allows it to finish sending its frame. If user A still has more to send, then user A and user B will cause another data collision. A will once again choose a random back-off time between 0 and 1, but user B will choose a back-off time between 0 and 3 – because this is his second time colliding in a row. Chances are A will "win" this one again. If this continues, A will most likely win all the collision battles, and after 16 collisions (the number of tries before a user backs down for an extended period of time), user A will have "captured" the channel.
The ability of one node to capture the entire medium is decreased as the number of nodes increases. This is because as the number of nodes increases, there is a higher probability that one of the "other" nodes will have a lower back-off time than the capturing node.
The channel capture effect creates a situation where one station is able to transmit while others are continually backing off, thus leading to a situation of short-term unfairness. Yet, the situation is long-term fair because every station has the opportunity to "capture" the medium once one station is done transmitting. The efficiency of the channel is increased when one node has captured the channel.
A negative side effect of the capture effect would be the idle time created due to stations backing off. Once one station is finished transmitting on the medium, large idle times are present because all other stations were continually backing off. In some instances, back-off can occur for so long that some stations actually discard packets because maximum attempt limits have been reached.
Applications[edit]
CSMA/CD was used in now-obsolete shared media Ethernet variants (10BASE5, 10BASE2) and in the early versions of twisted-pair Ethernet which used repeater hubs. Modern Ethernet networks, built with switches and full-duplex connections, no longer need to use CSMA/CD because each Ethernet segment, or collision domain, is now isolated. CSMA/CD is still supported for backwards compatibility and for half-duplex connections. The IEEE 802.3 standard, which defines all Ethernet variants, for historical reasons still bears the title "Carrier sense multiple access with collision detection (CSMA/CD) access method and physical layer specifications" until 802.3-2008, which uses new name "IEEE Standard for Ethernet".
Notes[edit]
Jump up ^ On Ethernet, stations must additionally wait the 96 bit interframe gap period.
References[edit]
Jump up ^ "Carrier Sense Multiple Access Collision Detect (CSMA/CD) Explained". learn-networking.com. January 29, 2008. Retrieved 2011-07-29.
Jump up ^ Heinz-Gerd Hegering; Alfred Lapple (1993). Ethernet: Building a Communications Infrastructure. Addison-Wesley. ISBN 0-201-62405-2.
Jump up ^ IEEE 802.3 8.3.1.5 Collision detect thresholds
Jump up ^ IEEE 802.3 10.4.1.5 Collision detect thresholds
Jump up ^ IEEE 802.3 14.2.1.4 Collision Presence function requirements (half duplex mode only)
Jump up ^ IEEE 802.3 9.5.6 Collision handling
Jump up ^ IEEE 802.3 27.3.1.4 Collision handling functional requirements
Jump up ^ Forouzan, Behrouz A. (2010). TCP/IP protocol suite (4th ed.). Boston: McGraw-Hill Higher Education. p. 54. ISBN 0073376043.
Jump up ^ IEEE 802.3-2008 Section 1, IEEE section 5.2.2.1.10
Jump up ^ Kopparty, S; Krishnamurthy, S. V.; Faloutsos, M.; Tripathi, S. K. (1998). "Split TCP for Mobile Ad Hoc Networks" (PDF). GLOBECOM -NEW YORK-. 1: 138–142.
This article incorporates public domain material from the General Services Administration document "Federal Standard 1037C".
IEEE 802.3
Ramakrishnan, K. K.; Yang, H. (1994). "The Ethernet Capture Effect: Analysis and Solution" (PDF). CONFERENCE ON LOCAL COMPUTER NETWORKS. 19: 228.
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Kentucky and Virginia Resolutions
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Events leading to
the American Civil War
Slavery
Northwest Ordinance
Kentucky and Virginia Resolutions
Battle of Negro Fort
Missouri Compromise
Tariff of 1828
Nat Turner's slave rebellion
Nullification Crisis
The Amistad
Prigg v. Pennsylvania
Texas annexation
Mexican–American War
Wilmot Proviso
Manifest destiny
Underground Railroad
Nashville Convention
Compromise of 1850
Fugitive Slave Act of 1850
Uncle Tom's Cabin
Kansas–Nebraska Act
Ostend Manifesto
Bleeding Kansas
Caning of Charles Sumner
Dred Scott v. Sandford
The Impending Crisis of the South
Brown's raid on Harpers Ferry
1860 presidential election
Crittenden Compromise
Secession of Southern States
Star of the West
Corwin Amendment
Battle of Fort Sumter
v
t
e
Thomas Jefferson
James Madison
The Kentucky and Virginia Resolutions (or Resolves) were political statements drafted in 1798 and 1799, in which the Kentucky and Virginia legislatures took the position that the federal Alien and Sedition Acts were unconstitutional. The resolutions argued that the states had the right and the duty to declare unconstitutional acts of Congress that were not authorized by the Constitution. In doing so, they argued for states' rights and strict constructionism of the Constitution. The Kentucky and Virginia Resolutions of 1798 were written secretly by Vice President Thomas Jefferson and James Madison respectively.
The principles stated in the resolutions became known as the "Principles of '98". Adherents argue that the states can judge the constitutionality of central government laws and decrees. The Kentucky Resolutions of 1798 argued that each individual state has the power to declare that federal laws are unconstitutional and void. The Kentucky Resolution of 1799 added that when the states determine that a law is unconstitutional, nullification by the states is the proper remedy. The Virginia Resolutions of 1798 refer to "interposition" to express the idea that the states have a right to "interpose" to prevent harm caused by unconstitutional laws. The Virginia Resolutions contemplate joint action by the states.
The Resolutions had been controversial since their passage, eliciting disapproval from ten state legislatures. Ron Chernow assessed the theoretical damage of the resolutions as "deep and lasting... a recipe for disunion".[1] George Washington was so appalled by them that he told Patrick Henry that if "systematically and pertinaciously pursued", they would "dissolve the union or produce coercion".[1] Their influence reverberated right up to the Civil War and beyond.[2] In the years leading up to the Nullification Crisis, the resolutions divided Jeffersonian democrats, with states' rights proponents such as John C. Calhoun supporting the Principles of '98 and President Andrew Jackson opposing them. Years later, the passage of the Fugitive Slave Act of 1850 led anti-slavery activists to quote the Resolutions to support their calls on Northern states to nullify what they considered unconstitutional enforcement of the law.[3]
Contents
[hide]
1 Provisions of the Resolutions
2 History of the Resolutions
2.1 Responses of other states
2.2 The Report of 1800
3 Influence of the Resolutions
3.1 The Nullification Crisis
3.2 The compact theory
3.3 School desegregation
4 Importance of the Resolutions
5 References
6 Further reading
7 External links
Provisions of the Resolutions[edit]
The resolutions opposed the federal Alien and Sedition Acts, which extended the powers of the federal government. They argued that the Constitution was a "compact" or agreement among the states. Therefore, the federal government had no right to exercise powers not specifically delegated to it. If the federal government assumed such powers, its acts could be declared unconstitutional by the states. So, states could decide the constitutionality of laws passed by Congress. Kentucky's Resolution 1 stated:
That the several states composing the United States of America are not united on the principle of unlimited submission to their general government; but that, by compact, under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving, each state to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each state acceded as a state, and is an integral party, its co-States forming, as to itself, the other party; that this government, created by this compact, was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.
A key provision of the Kentucky Resolutions was Resolution 2, which denied Congress more than a few penal powers by arguing that Congress had no authority to punish crimes other than those specifically named in the Constitution. The Alien and Sedition Acts were asserted to be unconstitutional, and therefore void, because they dealt with crimes not mentioned in the Constitution:
That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offenses against the law of nations, and no other crimes, whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," therefore the act of Congress, passed on the 14th day of July, 1798, and intitled "An Act in addition to the act intitled An Act for the punishment of certain crimes against the United States," as also the act passed by them on the—day of June, 1798, intitled "An Act to punish frauds committed on the bank of the United States," (and all their other acts which assume to create, define, or punish crimes, other than those so enumerated in the Constitution,) are altogether void, and of no force watsoever.
The Virginia Resolution of 1798 also relied on the compact theory and asserted that the states have the right to determine whether actions of the federal government exceed constitutional limits. The Virginia Resolution introduced the idea that the states may "interpose" when the federal government acts unconstitutionally, in their opinion:
That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government as resulting from the compact to which the states are parties, as limited by the plain sense and intention of the instrument constituting that compact, as no further valid than they are authorized by the grants enumerated in that compact; and that, in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states, who are parties thereto, have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights and liberties, appertaining to them.
History of the Resolutions[edit]
There were two sets of Kentucky Resolutions. The Kentucky state legislature passed the first resolution on November 16, 1798 and the second on December 3, 1799. Jefferson wrote the 1798 Resolutions. The author of the 1799 Resolutions is not known with certainty.[4]
James Madison wrote the Virginia Resolution. The Virginia state legislature passed it on December 24, 1798.
The Kentucky Resolutions of 1798 stated that acts of the national government beyond the scope of its constitutional powers are "unauthoritative, void, and of no force". While Jefferson's draft of the 1798 Resolutions had claimed that each state has a right of "nullification" of unconstitutional laws,[5] that language did not appear in the final form of those Resolutions. Rather than purporting to nullify the Alien and Sedition Acts, the 1798 Resolutions called on the other states to join Kentucky "in declaring these acts void and of no force" and "in requesting their repeal at the next session of Congress". Jefferson at one point drafted a threat for Kentucky to secede, but dropped it from the text.[citation needed]
The Kentucky Resolutions of 1799 were written to respond to the states who had rejected the 1798 Resolutions. The 1799 Resolutions used the term "nullification", which had been deleted from Jefferson's draft of the 1798 Resolutions, resolving: "That the several states who formed [the Constitution], being sovereign and independent, have the unquestionable right to judge of its infraction; and, That a nullification, by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy." The 1799 Resolutions did not assert that Kentucky would unilaterally refuse to enforce the Alien and Sedition Acts. Rather, the 1799 Resolutions declared that Kentucky "will bow to the laws of the Union" but would continue "to oppose in a constitutional manner" the Alien and Sedition Acts. The 1799 Resolutions concluded by stating that Kentucky was entering its "solemn protest" against those Acts.
The Virginia Resolution did not refer to "nullification", but instead used the idea of "interposition" by the states. The Resolution stated that when the national government acts beyond the scope of the Constitution, the states "have the right, and are in duty bound, to interpose, for arresting the progress of the evil, and for maintaining, within their respective limits, the authorities, rights and liberties, appertaining to them". The Virginia Resolution did not indicate what form this "interposition" might take or what effect it would have. The Virginia Resolutions appealed to the other states for agreement and cooperation.
Numerous scholars (including Koch and Ammon) have noted that Madison had the words "void, and of no force or effect" excised from the Virginia Resolutions before adoption. Madison later explained that he did this because an individual state does not have the right to declare a federal law null and void. Rather, Madison explained that "interposition" involved a collective action of the states, not a refusal by an individual state to enforce federal law, and that the deletion of the words "void, and of no force or effect" was intended to make clear that no individual state could nullify federal law.[6]
The Kentucky Resolutions of 1799, while claiming the right of nullification, did not assert that individual states could exercise that right. Rather, nullification was described as an action to be taken by "the several states" who formed the Constitution. The Kentucky Resolutions thus ended up proposing joint action, as did the Virginia Resolution.[7]
The Resolutions joined the foundational beliefs of Jefferson's party and were used as party documents in the 1800 election. As they had been shepherded to passage in the Virginia House of Delegates by John Taylor of Caroline,[8] they became part of the heritage of the "Old Republicans". Taylor rejoiced in what the House of Delegates had made of Madison's draft: it had read the claim that the Alien and Sedition Acts were unconstitutional as meaning that they had "no force or effect" in Virginia – that is, that they were void. Future Virginia Governor and U.S. Secretary of War James Barbour concluded that "unconstitutional" included "void, and of no force or effect", and that Madison's textual change did not affect the meaning. Madison himself strongly denied this reading of the Resolution.[9]
The long-term importance of the Resolutions lies not in their attack on the Alien and Sedition Acts, but rather in their strong statements of states' rights theory, which led to the rather different concepts of nullification and interposition.
Responses of other states[edit]
The resolutions were submitted to the other states for approval, but with no success. Seven states formally responded to Kentucky and Virginia by rejecting the Resolutions[10] and three other states passed resolutions expressing disapproval,[11] with the other four states taking no action. No other state affirmed the resolutions. At least six states responded to the Resolutions by taking the position that the constitutionality of acts of Congress is a question for the federal courts, not the state legislatures. For example, Vermont's resolution stated: "It belongs not to state legislatures to decide on the constitutionality of laws made by the general government; this power being exclusively vested in the judiciary courts of the Union."[12] In New Hampshire, newspapers treated them as military threats and replied with foreshadowings of civil war. "We think it highly probable that Virginia and Kentucky will be sadly disappointed in their infernal plan of exciting insurrections and tumults," proclaimed one. The state legislature's unanimous reply was blunt:
Resolved, That the legislature of New Hampshire unequivocally express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this state, against every aggression, either foreign or domestic, and that they will support the government of the United States in all measures warranted by the former.
That the state legislatures are not the proper tribunals to determine the constitutionality of the laws of the general government; that the duty of such decision is properly and exclusively confided to the judicial department.[13]
Alexander Hamilton, then building up the army, suggested sending it into Virginia, on some "obvious pretext". Measures would be taken, Hamilton hinted to an ally in Congress, "to act upon the laws and put Virginia to the Test of resistance".[14]
The Report of 1800[edit]
In January 1800, the Virginia General Assembly passed the Report of 1800, a document written by Madison to respond to criticism of the Virginia Resolution by other states. The Report of 1800 reviewed and affirmed each part of the Virginia Resolution, affirming that the states have the right to declare that a federal action is unconstitutional. The Report went on to assert that a declaration of unconstitutionality by a state would be an expression of opinion, without legal effect. The purpose of such a declaration, said Madison, was to mobilize public opinion and to elicit cooperation from other states. Madison indicated that the power to make binding constitutional determinations remained in the federal courts:
It has been said, that it belongs to the judiciary of the United States, and not the state legislatures, to declare the meaning of the Federal Constitution. ... [T]he declarations of [the citizens or the state legislature], whether affirming or denying the constitutionality of measures of the Federal Government ... are expressions of opinion, unaccompanied with any other effect than what they may produce on opinion, by exciting reflection. The expositions of the judiciary, on the other hand, are carried into immediate effect by force. The former may lead to a change in the legislative expression of the general will; possibly to a change in the opinion of the judiciary; the latter enforces the general will, whilst that will and that opinion continue unchanged.[15]
Madison then argued that a state, after declaring a federal law unconstitutional, could take action by communicating with other states, attempting to enlist their support, petitioning Congress to repeal the law in question, introducing amendments to the Constitution in Congress, or calling a constitutional convention.
However, in the same document Madison explicitly argued that the states retain the ultimate power to decide about the constitutionality of the federal laws, in "extreme cases" such as the Alien and Sedition Act. The Supreme Court can decide in the last resort only in those cases which pertain to the acts of other branches of the federal government, but cannot takeover the ultimate decision making power from the states which are the "sovereign parties" in the Constitutional compact. According to Madison states could override not only the Congressional acts, but also the decisions of the Supreme Court:
The resolution supposes that dangerous powers, not delegated, may not only be usurped and executed by the other departments, but that the judicial department, also, may exercise or sanction dangerous powers beyond the grant of the Constitution; and, consequently, that the ultimate right of the parties to the Constitution, to judge whether the compact has been dangerously violated, must extend to violations by one delegated authority as well as by another--by the judiciary as well as by the executive, or the legislature.
However true, therefore, it may be, that the judicial department is, in all questions submitted to it by the forms of the Constitution, to decide in the last resort, this resort must necessarily be deemed the last in relation to the authorities of the other departments of the government; not in relation to the rights of the parties to the constitutional compact, from which the judicial, as well as the other departments, hold their delegated trusts. On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve.[16]
Madison later strongly denied that individual states have the right to nullify federal law.[17]
Influence of the Resolutions[edit]
Although the New England states rejected the Kentucky and Virginia Resolutions in 1798–99, several years later, the state governments of Massachusetts, Connecticut, and Rhode Island threatened to ignore the Embargo Act of 1807 based on the authority of states to stand up to laws deemed by those states to be unconstitutional. Rhode Island justified its position on the embargo act based on the explicit language of interposition. However, none of these states actually passed a resolution nullifying the Embargo Act. Instead, they challenged it in court, appealed to Congress for its repeal, and proposed several constitutional amendments.
Several years later, Massachusetts and Connecticut asserted their right to test constitutionality when instructed to send their militias to defend the coast during the War of 1812. Connecticut and Massachusetts questioned another embargo passed in 1813. Both states objected, including this statement from the Massachusetts legislature, or General Court:
A power to regulate commerce is abused, when employed to destroy it; and a manifest and voluntary abuse of power sanctions the right of resistance, as much as a direct and palpable usurpation. The sovereignty reserved to the states, was reserved to protect the citizens from acts of violence by the United States, as well as for purposes of domestic regulation. We spurn the idea that the free, sovereign and independent State of Massachusetts is reduced to a mere municipal corporation, without power to protect its people, and to defend them from oppression, from whatever quarter it comes. Whenever the national compact is violated, and the citizens of this State are oppressed by cruel and unauthorized laws, this Legislature is bound to interpose its power, and wrest from the oppressor its victim.[18]
Massachusetts and Connecticut, along with representatives of some other New England states, held a convention in 1814 that issued a statement asserting the right of interposition. But the statement did not attempt to nullify federal law. Rather, it made an appeal to Congress to provide for the defense of New England and proposed several constitutional amendments.
The Nullification Crisis[edit]
During the "nullification crisis" of 1828–1833, South Carolina passed an Ordinance of Nullification purporting to nullify two federal tariff laws. South Carolina asserted that the Tariff of 1828 and the Tariff of 1832 were beyond the authority of the Constitution, and therefore were "null, void, and no law, nor binding upon this State, its officers or citizens". Andrew Jackson issued a proclamation against the doctrine of nullification, stating: "I consider…the power to annul a law of the United States, assumed by one State, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed." He also denied the right to secede: "The Constitution…forms a government not a league.…To say that any State may at pleasure secede from the Union is to say that the United States is not a nation."[19]
James Madison also opposed South Carolina's position on nullification. Madison argued that he had never intended his Virginia Resolution to suggest that each individual state had the power to nullify an act of Congress. Madison wrote: "But it follows, from no view of the subject, that a nullification of a law of the U. S. can as is now contended, belong rightfully to a single State, as one of the parties to the Constitution; the State not ceasing to avow its adherence to the Constitution. A plainer contradiction in terms, or a more fatal inlet to anarchy, cannot be imagined." Madison explained that when the Virginia Legislature passed the Virginia Resolution, the "interposition" it contemplated was "a concurring and cooperating interposition of the States, not that of a single State.…[T]he Legislature expressly disclaimed the idea that a declaration of a State, that a law of the U. S. was unconstitutional, had the effect of annulling the law."[17] Madison went on to argue that the purpose of the Virginia Resolution had been to elicit cooperation by the other states in seeking change through means provided in the Constitution, such as amendment.
The compact theory[edit]
The Supreme Court rejected the compact theory in several nineteenth century cases, undermining the basis for the Kentucky and Virginia resolutions. In cases such as Martin v. Hunter's Lessee,[20] McCulloch v. Maryland,[21] and Texas v. White,[22] the Court asserted that the Constitution was established directly by the people, rather than being a compact among the states. Abraham Lincoln also rejected the compact theory saying the Constitution was a binding contract among the states and no contract can be changed unilaterally by one party.
School desegregation[edit]
In 1954, the Supreme Court decided Brown v. Board of Education, which ruled that segregated schools violate the Constitution. Many people in southern states strongly opposed the Brown decision. James J. Kilpatrick, an editor of the Richmond News Leader, wrote a series of editorials urging "massive resistance" to integration of the schools. Kilpatrick, relying on the Virginia Resolution, revived the idea of interposition by the states as a constitutional basis for resisting federal government action.[23] A number of southern states, including Arkansas, Louisiana, Virginia, and Florida, subsequently passed interposition and nullification laws in an effort to prevent integration of their schools.
In the case of Cooper v. Aaron,[24] the Supreme Court unanimously rejected Arkansas' effort to use nullification and interposition. The Supreme Court held that under the Supremacy Clause, federal law was controlling and the states did not have the power to evade the application of federal law. The Court specifically rejected the contention that Arkansas' legislature and governor had the power to nullify the Brown decision.
In a similar case arising from Louisiana's interposition act, Bush v. Orleans Parish School Board,[25] the Supreme Court affirmed the decision of a federal district court that rejected interposition. The district court stated: "The conclusion is clear that interposition is not a constitutional doctrine. If taken seriously, it is illegal defiance of constitutional authority. Otherwise, 'it amounted to no more than a protest, an escape valve through which the legislators blew off steam to relieve their tensions.'…However solemn or spirited, interposition resolutions have no legal efficacy."[26]
Importance of the Resolutions[edit]
Merrill Peterson, Jefferson's otherwise very favorable biographer, emphasizes the negative long-term impact of the Resolutions, calling them "dangerous" and a product of "hysteria":
Called forth by oppressive legislation of the national government, notably the Alien and Sedition Laws, they represented a vigorous defense of the principles of freedom and self-government under the United States Constitution. But since the defense involved an appeal to principles of state rights, the resolutions struck a line of argument potentially as dangerous to the Union as were the odious laws to the freedom with which it was identified. One hysteria tended to produce another. A crisis of freedom threatened to become a crisis of Union. The latter was deferred in 1798-1800, but it would return, and when it did the principles Jefferson had invoked against the Alien and Sedition Laws would sustain delusions of state sovereignty fully as violent as the Federalist delusions he had combated.[27]
Jefferson's biographer Dumas Malone argued that the Kentucky resolution might have gotten Jefferson impeached for treason, had his actions become known at the time.[28] In writing the Kentucky Resolutions, Jefferson warned that, "unless arrested at the threshold", the Alien and Sedition Acts would "necessarily drive these states into revolution and blood." Historian Ron Chernow says of this "he wasn't calling for peaceful protests or civil disobedience: he was calling for outright rebellion, if needed, against the federal government of which he was vice president." Jefferson "thus set forth a radical doctrine of states' rights that effectively undermined the constitution."[1] Chernow argues that neither Jefferson nor Madison sensed that they had sponsored measures as inimical as the Alien and Sedition Acts themselves.[1] Historian Garry Wills argued "Their nullification effort, if others had picked it up, would have been a greater threat to freedom than the misguided [alien and sedition] laws, which were soon rendered feckless by ridicule and electoral pressure"[29] The theoretical damage of the Kentucky and Virginia resolutions was "deep and lasting, and was a recipe for disunion".[1] George Washington was so appalled by them that he told Patrick Henry that if "systematically and pertinaciously pursued", they would "dissolve the union or produce coercion".[1] The influence of Jefferson's doctrine of states' rights reverberated right up to the Civil War and beyond.[2] Future president James Garfield, at the close of the Civil War, said that Jefferson's Kentucky Resolution "contained the germ of nullification and secession, and we are today reaping the fruits".[2]
References[edit]
^ Jump up to: a b c d e f Chernow, Ron. "Alexander Hamilton". 2004. p587. Penguin Press.
^ Jump up to: a b c Knott. "Alexander Hamilton and the Persistence of Myth". p48
Jump up ^ See Unconstitutionality of the Fugitive Act, by Byron Paine (1854).
Jump up ^ See Powell, H. Jefferson, "The Principles of '98: An Essay in Historical Retrieval", 80 Virginia Law Review 689, 705 n.54 (1994).
Jump up ^ Jefferson's draft said: "where powers are assumed [by the federal government] which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non fœderis) to nullify of their own authority all assumptions of power by others within their limits." See Jefferson's draft of the Kentucky Resolutions of 1798.
Jump up ^ Madison, James, "Notes, On Nullification", Library of Congress, December, 1834. See Powell, "The Principles of '98: An Essay in Historical Retrieval", 80 Virginia Law Review at 718 (the Virginia resolutions "did not in fact license any legally significant action by an individual state. The authority of the states over the Constitution and its interpretation was collective and could be exercised only in concert through the electoral process or by a quasi-revolutionary act of the people themselves").
Jump up ^ See Powell, "The Principles of '98: An Essay in Historical Retrieval", 80 Virginia Law Review at 719-720 & n.123 ("when the Resolutions of 1799 declared that 'nullification' was 'the rightful remedy' for federal overreaching, the legislature carefully ascribed this remedy to the states collectively, thus equating its position with that of Madison and the Virginia Resolutions.…The Resolutions implicitly conceded that the state's individual means of resisting the Acts were political in nature.").
Jump up ^ Taylor, Jeff (2010-07-01) States' Fights, The American Conservative
Jump up ^ Madison, James, "Notes, On Nullification", Library of Congress, December, 1834.
Jump up ^ The seven states that transmitted formal rejections were Delaware, Massachusetts, New York, Connecticut, Rhode Island, New Hampshire, and Vermont. See Elliot, Jonathan (1907) [1836]. Debates in the Several State Conventions on the Adoption of the Federal Constitution. 4 (expanded 2nd ed.). Philadelphia: Lippincott. pp. 538–539. ISBN 0-8337-1038-9.
Jump up ^ Maryland, Pennsylvania, and New Jersey passed resolutions that disapproved the Kentucky and Virginia resolutions, but these states did not transmit formal responses to Kentucky and Virginia. Anderson, Frank Maloy (1899). "Contemporary Opinion of the Virginia and Kentucky Resolutions". American Historical Review. pp. 45–63, 225–244. Missing or empty |title= (help)
Jump up ^ Elliot, Jonathan (1907) [1836]. "Answers of the Several State Legislatures: State of Vermont". Debates in the Several State Conventions on the Adoption of the Federal Constitution. 4 (expanded 2nd ed.). Philadelphia: Lippincott. pp. 538–539. ISBN 0-8337-1038-9. . The other states taking the position that the constitutionality of federal laws is a question for the federal courts, not the states, were New York, Massachusetts, Rhode Island, New Hampshire, and Pennsylvania. The Governor of Delaware also took this position. Anderson, Frank Maloy (1899). "Contemporary Opinion of the Virginia and Kentucky Resolutions". American Historical Review. pp. 45–63, 225–244. Missing or empty |title= (help)
Jump up ^ Elliot, Jonathan (1907) [1836]. "Answers of the Several State Legislatures: State of New Hampshire". Debates in the Several State Conventions on the Adoption of the Federal Constitution. 4 (expanded 2nd ed.). Philadelphia: Lippincott. pp. 538–539. ISBN 0-8337-1038-9.
Jump up ^ February 2, 1799, Hamilton Papers vol 22 pp 452–53.
Jump up ^ Report of 1800, http://www.constitution.org/rf/vr_1799.htm
Jump up ^ "Federal v. Consolidated Government: James Madison, Report on the Virginia Resolutions". Press-pubs.uchicago.edu. Retrieved November 28, 2012.
^ Jump up to: a b Madison, James "Notes, On Nullification", Library of Congress, December, 1834.
Jump up ^ The General Court of Massachusetts on the Embargo, February 22, 1814
Jump up ^ "President Jackson's Proclamation Regarding Nullification, December 10, 1832". Yale Law School. Retrieved 2009-05-11.
Jump up ^ Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 304 (1816)
Jump up ^ McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819)
Jump up ^ Texas v. White, 74 U.S. (7 Wall.) 700 (1869)
Jump up ^ "Obituary: James J. Kilpatrick / Conservative columnist sparred on '60 Minutes'". Pittsburgh Post-Gazette. August 17, 2010.
Jump up ^ Cooper v. Aaron, 358 U.S. 1 (1958)
Jump up ^ Bush v. Orleans Parish School Board, 364 U.S. 500 (1960)
Jump up ^ Bush v. Orleans Parish School Board, 188 F. Supp. 916 (E.D. La. 1960), aff'd 364 U.S. 500 (1960)
Jump up ^ Peterson, Merrill (1975). Thomas Jefferson and the New Nation: A Biography. Oxford University Press. ISBN 978-0-19-501909-4.
Jump up ^ Chernow, Ron. "Alexander Hamilton". 2004. p586. Penguin Press.
Jump up ^ Wills, Gary. "James Madison". p49
Further reading[edit]
Anderson, Frank Maloy (1899). Contemporary Opinion of the Virginia and Kentucky Resolutions. American Historical Review. pp. 45–63, 225–244.
Bird, Wendell. "Reassessing Responses to the Virginia and Kentucky Resolutions: New Evidence from the Tennessee and Georgia Resolutions and from Other States," Journal of the Early Republic 35#4 (Winter 2015)
Elkins, Stanley; Eric McKitrick (1994). The Age of Federalism: The Early American Republic, 1788-1800. Oxford University Press, USA. ISBN 978-0-19-509381-0.
Gutzman, Kevin, "'O, What a Tangled Web We Weave ...': James Madison and the Compound Republic", Continuity 22 (1998), 19–29.
Gutzman, Kevin, "A Troublesome Legacy: James Madison and the 'Principles of '98,'" Journal of the Early Republic 15 (1995), 569–89.
Gutzman, Kevin., "The Virginia and Kentucky Resolutions Reconsidered: 'An Appeal to the _Real Laws_ of Our Country,'" Journal of Southern History 66 (2000), 473–96.
Koch, Adrienne; Harry Ammon (1948). "The Virginia and Kentucky Resolutions: An Episode in Jefferson's and Madison's Defense of Civil Liberties". The William and Mary Quarterly. Omohundro Institute of Early American History and Culture. 5 (2): 145–176. doi:10.2307/1917453. JSTOR 1917453.
Koch, Adrienne (1950). Jefferson and Madison: The Great Collaboration. New York: Alfred A. Knopf. ISBN 978-1-56852-501-3.
Watkins, William (2004). Reclaiming the American Revolution: the Kentucky and Virginia Resolutions and their Legacy. Palgrave Macmillan. ISBN 978-1-4039-6303-1.
External links[edit]
Wikisource has original text related to this article:
Kentucky and Virginia Resolutions
Text of the Kentucky Resolutions of 1798
Text of Virginia Resolutions of 1798
Answers from Delaware, Rhode Island, Massachusetts, New York (also to Kentucky), Connecticut, New Hampshire (also to Kentucky), and Vermont.
Text of the Kentucky Resolutions of 1799
James Madison, Report on the Virginia Resolutions
The Address of the Minority in the Virginia Legislature to the People of that State, Containing a Vindication of the Constitutionality of the Alien and Sedition Laws (1799)
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