Lecture Notes: The Virginia and Kentucky Resolutions and the Alien Sedition Acts

Context

• Year: 1798
• Legislation Passed: Alien and Sedition Acts
  • Banned publication of false, scandalous, and malicious writings against the government.
  • Contradicts the First Amendment which prohibits abridging freedom of speech or the press.

Constitutional Dilemma

• Main Question: What do citizens do if the federal government violates the Constitution?
  • Originally, the Supreme Court was not granted the power to decide such issues.
  • The case of Marbury v. Madison will further define this role.

Madison and Jefferson's Response

• State Interposition: Crafted in the Virginia and Kentucky Resolutions.
  • James Madison: Authored the Virginia Resolution.
  • Thomas Jefferson: Authored the Kentucky Resolution.

Compact Theory of the Constitution

• Definition: The Constitution is seen as an agreement/compact between the states.
  • Similar to personal contracts like mortgages.
  • States have a role to stand between federal overreach and their citizens.

Virginia Resolution

• Author: James Madison
• Tone: Cooperative, emphasizes attachment to the Union.
• Purpose: Protest the unconstitutional acts by the federal government.

Kentucky Resolution

• Author: Thomas Jefferson
• Tone: More radical than Madison.
• Emphasizes: 10th Amendment which reserves powers to the states or people.
• Concept Introduced: Nullification — states can declare federal acts void if they violate the compact.

Nullification and Secession

• Jefferson's View: States should have the power to nullify laws but not to secede.
  • Advocates patience and belief in the electoral process to correct government overreach.

Outcome and Significance

• Election of 1800: Jefferson's party gains control of the presidency, Senate, and House.
  • Demonstrates faith in the electoral process.
  • Issue of nullification and state interposition temporarily recedes.

Concluding Thoughts

• Jefferson and Madison's actions set a precedent for state resistance to federal overreach.
• The themes of state sovereignty and federal power continue to evolve in American history.