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Reading Guide |
| 4. |
On the Power of State and Federal Government
| - | Virginia Resolutions of 1798 to nullify the Alien and Sedition Acts |
| - | Counter-Resolution of Massachusetts, 1799 |
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Virginia Resolution
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During the Quasi-War with France in the late 1790s, the Federalist Congress passed the infamous Alien and Sedition Acts, primarily to stifle the protest of Democratic-Republicans who were generally pro-French. Fifteen newspaper editors were prosecuted under the acts, which generated intense opposition. Here, at a time of impending war, was a serious test of the First Amendment and a head-to-head battle over the allocation of state and federal power in the new republic.
In the Kentucky and Virginia Resolutions, Jefferson and Madison argued that a state could declare a federal law unconstitutional (a position they later reconsidered due to its implication of secession rights). Seven states presented counter-resolutions, some also defending the acts. Both sides claimed to protect the cherished new Constitution. The controversy was pivotal in the 1800 elections in which the Democratic-Republicans became the ascendant party. We recommend that you read the Virginia Resolution and the Massachusetts counter-resolution, skimming those of the other states. 5 pages.
Discussion questions
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How do the states frame their arguments? What goals are shared by the opposing sides? |
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How do the states couch their arguments in ethical as well as political terms? |
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What would be the fatal result for the nation if the states could, or could not, nullify federal laws? |
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What arguments are presented for and against the constitutionality of the Alien and Sedition Acts? |
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How do the resolutions reflect Washington's advice in his Farewell Address? |
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How does the sense of impending war affect the debate? |
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Judging by these documents, in how much danger of "civil discord" was the fledgling nation?
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Topic Framing Questions
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What core political issues defined themselves in the new republic? |
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What caused the greatest optimism and anxiety among American leaders? |
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What do the religious overtones in these political texts express? |
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What national identity evolved in the three decades from 1789 to 1820?
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