California Versus the Constitution
Has Governor Newsom even read the parchment to which he is sworn?

Gavin Newsom, meet John Calhoun. The Coast governor echoes the 19th-century backer of ânullificationâ by stoking defiance of President Trumpâs tariffs. He vows to âfight backâ against the new tariffs by forging âstrategic partnerships with international trading partnersâ and pleading for âCalifornia-made products to be excludedâ from any âforeign retaliatory measures.â Has Mr. Newsom forgotten his oath to the United States Constitution?
Among the bedrock features of the parchment are provisions prohibiting states from conducting their own foreign policy. Article I, Section 10, forbids any state, without the consent of Congress, to âenter into any agreement or compactâ with âa foreign power.â Even more strict is the provision that âno state shall enter into any treaty, alliance, or confederation.â These provisions provide a test of the statesâ commitment to one America.
So where does Mr. Newsom come off averring that âCalifornia is not Washington, D.C.â? That kind of reckless talk evokes the kind of secessionist fervor that has, occasionally in our history, reared its head. In the early 19th century, New England Federalists, enraged by federal limits on free trade, mooted secession. In 1861 the Civil War erupted in part â if only in part â due to Southern objections to high tariffs backed by the industrial North.
It recalls, too, the so-called âNullification Crisisâ that arose in 1832 after stiff protectionist tariffs were put up during Andrew Jacksonâs presidency. A state that relied heavily on exports of cotton, South Carolina, balked at the economic damage of the tariffs. Vice President Calhoun hatched a theory of âinterpositionâ that gave individual states the power to block a federal law unless the measure was imposed as an amendment to the Constitution.
An amendment, to be sure, is harder to achieve than passage of a law. An amendment requires passage by two-thirds of each house of Congress and three-fourths of states. In Calhounâs calculation, this higher bar, giving states a de facto veto on federal law, was needed to protect the rights of political minorities and to avoid the tyranny of the majority. Old Hickory, though, wouldnât stand for the Palmetto Stateâs pecksniffery.
At Jacksonâs urging, Congress passed a law allowing him to send troops to South Carolina to collect the federal tariffs by force, if needed. âDisunion by armed force is treason,â he thundered. He balked at Calhounâs Nullification theory, calling it a âstrange position that any one state may not only declare an act of Congress void but prohibit its execution.â That, Jackson concluded, would give the states âthe power of resisting all lawsâ â a recipe for chaos.
Has Calhounâs 19th-century rallying cry for statesâ rights found a 21st-century avatar in, of all people, the leftist Mr. Newsom? In a statement offered âto our international partners,â the governor crowed that âas the fifth largest economy in the world,â the Golden State would remain a steady, reliable partner for generations, no matter the turbulence coming out of Washington.â He touts his âstateâs commitment to fair, open, and mutually beneficial trade.â
Mr. Newsom appears unabashed by the Constitutionâs limits on state agreements with foreign governments. He crows that under his tenure, âCalifornia has signed 38 international agreements with 28 different foreign partners.â His predecessor, Governor Edmund âJerryâ Brown, too, âforged a series of climate change pactsâ per Politico â with Communist China, no less. Mr. Brown saw âhis actions as a counterweight to Trumpâs intransigence,â adds Politico.
âWeâre not scared to use our market power to fight back against the largest tax hike of our lifetime,â Mr. Newsom vows. His state âhas the power to shape domestic manufacturing and international trade because of its enormous economy,â Politico says, and its trade ties to Asia and Mexico. Will a defiant Mr. Newsom eventually follow South Carolinaâs example and claim that his state, ârelying upon the blessings of God, will maintain its liberty at all hazardsâ?