US History: Comparing the Virginia and Kentucky Resolutions of 1798

This essay provides an analysis of the Virginia and Kentucky Resolutions, drafted in 1798 by James Madison and Thomas Jefferson in response to the Alien and Sedition Acts. The essay explains the context of the resolutions, which aimed to limit the federal government's authority and protect states' rights, arguing that the federal government should not exercise powers not explicitly delegated to it. It highlights the core arguments of the resolutions, including the assertion that the Constitution is a compact among the states, and the states have the right to determine the constitutionality of federal laws. The essay further contrasts the Virginia and Kentucky Resolutions, noting differences in their approaches, with the Kentucky Resolution of 1799 introducing the term "nullification." It also discusses the South Carolina Exposition and Protest by John C. Calhoun, which presented a similar nullification argument. The essay concludes by emphasizing the resolutions' significance in the ongoing debate over states' rights and federal power, and includes references to relevant historical documents and scholarly works.

Running head: US HISTORY
US HISTORY
Name of the Student
Name of the University
Author Note

1US HISTORY
The Virginia and Kentucky Resolution, 1798 were written and drafted by James
Madison and Thomas Jefferson and the same as the passed by the legislatures of both the
state. The purpose of drafting the resolution remained latent for almost 25 years until the
Alien and Sedition Acts of 1798 came into force. The Alien and Sedition Acts of 1798 had
extended the authority of the federal government. The resolution makers have argued that
the authority of the Constitution is satisfactory and "compact" along with the states.
Therefore, it is needless for the federal government to exercise unnecessary authority which
has not been delegated to it. Subsequently, such exercise of powers could declared already
prevailing acts as unconstitutional and would eradicate the power of the state to determine the
constitutionality of legal rules passed by Congress. The Kentucky resolution declared that the
Alien and Sedition Act is void and therefore, cannot be in force (Madison).
The Kentucky resolution was passed by the legislature of the Kentucky state on
November 16, 1798. The fundamental argument of this resolution was that the national
government has been squashed between the states and any enforcement of undelegated
influence can be held to be declared as invalid. It furthermore contained that each state had a
right to decide the events of the infringement of their power as well to decide about the mode
of redress (Watkins).
On the other hand, the Virginia Resolution was passed by their legislature on
December 24, 1798, and it has asserted that the state authority to decide about the validity of
the Federal legislation and declared the acts unconstitutional (Smith).
The Virginia and Kentucky Resolution was said to raise a protest against the boundaries of
Civil Liberties which was envisaged under the Alien and Sedition Acts instead of levying on
powerful constitution theory arguments. Later on, the suggestions to the resolutions as
authority for the theories of nullification and secession were conflicting with the restricted

2US HISTORY
goals as suggested by Jefferson and Madison while drafting their protests. Both the resolution
had stated that the provision of the compact of constitutional authority over the state as well
both the resolution is on the same page regarding the unconstitutional part of the Alien and
Sedition Acts of 1798.
The difference between the two resolution id that the Kentucky Resolution 1799,
which has been written after the rejection of resolution of 1798, referred the term nullification
by stating that the several states who have been sovereign and independent pose the
indisputable right to determine its infraction. Henceforth, it further has the authority to
‘nullify’ the unauthorized Acts in existence by exercising this authority. The Virginia
Resolution stated that the states have the authority to ‘interpose’ for arresting the
development of the evil and also to protect rights and liberties within their authority.
South Carolina Exposition and Protest written by John C. Calhoun in December 1828
stated the ‘nullification’ argument of the “Kentucky Resolution but in a different way. The
exposition stated that the people of a state, who are performing under a democratically-
elected convention, had the veto power to nullify any Act passed by the federal government
which is contrary to the constitutional provision (Calhoun).
Therefore, it can be stated that every state should have the jurisdiction to promote
constitutional authority against the national law, especially in cases where a law has been
made contrary to the guidelines envisaged in the constitution for the up liftmen of human
rights.

3US HISTORY
Reference:
Calhoun, John C. "South Carolina’s Exposition and Protest Against the Tariff of
1828." Academic American History, http://www. academicamerican.
com/jeffersonjackson/documents/Calhoun1828. htm (accessed March 2010).
Madison, James, and Thomas Jefferson. Resolutions of Virginia and Kentucky. RI Smith,
1835.
Smith, Patricia M. Sowing the seeds of secession: the Virginia and Kentucky Resolutions
1798, the Hartford Convention 1814, The South Carolina Nullification Crisis 1830-
33. Diss. Southern New Hampshire University, 2018.
Watkins, William. Reclaiming the American Revolution: The Kentucky and Virgina
Resolutions and Their Legacy. Springer, 2016.