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Source Readings: Federalism
 

THE KENTUCKY RESOLVE (1798)
Thomas Jefferson

In the first decade after the ratification of the Constitution, the Federalists gained control over all branches of the new national government. In 1797, at the height of an undeclared war with France, they pushed the Alien and Sedition Acts through Congress. With this legislation they suppressed opposition Jeffersonian Republican newspapers and critics of the government and hoped to eliminate Jefferson’s party altogether and further strengthen the national government at state expense. The modern idea of a legitimate opposition, one that supported the Constitution and government but had different ideas on legislation, had not yet developed, and many Federalists truly believed Jefferson’s party to be traitors.

Thomas Jefferson wrote The Kentucky Resolve in response. This resolve introduces three radical constitutional ideas into the American democratic debate: strict construction of the Constitution, the "compact theory" of constitutional power, and state nullification of federal laws. What is the justification given for each of these ideas and claims for state government authority? Why do you suppose this solution to government oppression was attempted, instead of an appeal to the national courts?

 
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