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KENTUCKY AND VIRGINIA RESOLUTIONS OF 1798 - 1799

EC

Eleonora Canu

Transcript

KENTUCKY AND VIRGINIA RESOLUTIONS OF 1798 - 1799

Eleonora Canu

Valentina Di Carlantonio

Compact theory

  • the Constitution as a compact among the States
  • States voluntarily delegated powers

opposition: federal government is not a compact among the States

it was formed directly by the people

Kentucky resolutions of 1798 and 1799

  • Political statements by the Kentucky legislature
  • Principle of '98
  • Alien and Sedition Acts declared unauthoritative and void
  • Called for outright rebellion

The case

Nullification

Background

  • the rightful remedy against the federal government
  • state level resistance
  • founded on the Tenth Amendment

Alien and Sediction Acts of 1798

BUT, Supremacy Clause

  • four bills signed by John Adams
  • extended the powers of the federal government
  • Republicans against the Alien and Sedition Acts
  • Resolutions drafted by Jefferson and Madison
  • Constitution of 1789 Federal

compact

  • Federalists vs Republicans

remedies against the strong government

Virginia resolutions of 1798 - 1799

Interposition

States have the right to prevent harm caused by unconstitutional laws.

  • Actions taken to interpose
  • Madison asserted in his Report that states are "duty bound to interpose"

House of Delegates resolved into a committee sundry resolutions

  • Maintain and defend the Constitution against aggression
  • General Assembly declares a warm attachment to the union of states
  • Federal powers are derived from the Constitution, and it is a compact to which the states are parties
  • Maintaining independence against hostilities of foreign countries
  • The policy of US forbids a war of aggression

Results

Future quotations

  • Fugitive Slave Act

  • Nullification Crisis

  • Embargo Act of 1807
  • Kentucky and Virginia resolutions encouraged 14 states in declaring that the Alien and Sedition Acts were unconstitutional

  • They expressed outright disapproval
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