Overview of Judicial Supremacy vs. State Interposition

Module/Week 3 -- King Jackson?

Read the short selections found in the "Readings and Study" folder from Story’s “Commentaries on the Constitution” arguing for judicial supremacy and Upshur’s “A Brief Enquiry into the Nature and Character of our Federal Government” arguing for state sovereignty in questions of constitutionality.

What were the constitutional bases for judicial supremacy and state interposition/nullification? Imagine yourself as an American citizen in the Jacksonian Era reading these definitive arguments for the two camps of constitutional interpretation—-which argument would you find most convincing? Now, looking back from a 21st-century perspective, is your answer the same?