How did Thomas Jefferson and James Madison argue for states’ rights in 1798?

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In 1798, Thomas Jefferson and James Madison authored the Virginia and Kentucky Resolutions as a protest against the federal Alien and Sedition Acts. Their arguments were rooted in the following principles:

  • Compact Theory: Jefferson asserted that the national government was a compact between the states, which acted as the original parties to the agreement.12
  • Delegated Authority: They argued that the federal government was merely an agent of the states, possessing only specific, delegated powers. Any exercise of authority beyond these powers was considered invalid.12
  • State Sovereignty: Because the states were sovereign, they retained the right to determine when the federal government had exceeded its constitutional authority.12
  • Redress: Jefferson maintained that states had the right to judge federal infractions and determine the appropriate mode of redress, including declaring acts "void and of no force" within their jurisdictions.12

While Madison’s resolutions were more restrained in tone than Jefferson’s, both men sought to affirm state authority to challenge federal legislation they deemed unconstitutional, primarily as a defense of civil liberties.1