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The Kentucky Resolutions of 1798-99
Pinzler US History ^ | N/A | N/A

Posted on 02/12/2009 2:29:51 PM PST by Born In America

The Kentucky and Virginia Resolutions of 1798-99 were a series of resolutions passed by the legislatures of these states protesting the Alien and Sedition Acts. The Kentucky Resolutions were drafted by Thomas Jefferson and the Virginia Resolutions by James Madison. They are a democratic protest against what Jefferson, Madison and other Republicans considered to be a dangerous usurpation of power by the federal government. The Kentucky Resolution of 1799 was the most radical of the resolutions and asserted that states had the power to nullify the laws of the federal government.

As you read, think about how the Kentucky Resolutions reflected Democratic-Republican ideology and why it makes sense that Democratic-Republicans like Jefferson and Madison would have opposed the Alien and Sedition Acts.

(Excerpt) Read more at pinzler.com ...


TOPICS: Extended News; Government
KEYWORDS: 10thamendment; statesrights
Heard about this today on Glenn Beck. Advance apologies if already posted.

I believe he also stated that there were pending resolutions currently in a dozen or so state legislatures as we speak....

1 posted on 02/12/2009 2:29:51 PM PST by Born In America
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To: Born In America
From the article...They are a democratic protest against what Jefferson, Madison and other Republicans....

Wasn't the Republican party started in the 1850's?

2 posted on 02/12/2009 2:35:56 PM PST by HusbandMan
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To: HusbandMan

Correct, the unnamed author with the intro is perhaps thinking of politicians yet to become republicans....


3 posted on 02/12/2009 2:39:41 PM PST by Born In America (Liberalism proves insanity can be learned....)
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To: HusbandMan
Yes, however there was another loose "party" whose members were referred to as republicans at this point in history as well.

The modern Republican Party was founded in 1854 in Ripon, Wisconsin.

4 posted on 02/12/2009 2:45:43 PM PST by Bluegrass Conservative
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To: Born In America

And the Screw The Americans (STAB) Bill has a provision that would allow state legislatires to force acceptance of funds - EVEN IF THE GOVERNOR SAYS NO!

Now, not only does the STAB bill grant a bureaucrat power of life or death over each of us; not only does it infringe on freedom of religion; but it also incites anarchy.

They have already come for the Jews, the Protestants, the Communists, the Conservatives - who is left to speak out?


5 posted on 02/12/2009 3:57:25 PM PST by NTHockey (Rules of engagement #1: Take no prisoners.)
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To: ForGod'sSake

10th ping!


6 posted on 02/12/2009 4:28:01 PM PST by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Born In America; Osage Orange; GOP Poet; Army Air Corps; ducdriver; o_zarkman44; nuconvert; ...
Thanks bamahead. I believe the Kentucky and Virginia resolutions have been posted in various 10th Amendment threads over the last week or so. I don't know who or what a pinzler.com is but these documents are all over the web so, here in their full glory the two documents in one location from the Avalon Project for discussion...

And since I haven't done a 10th ping today:

Click the 10th Amendment button for all articles tagged with keyword "10thamendment"



I continue to add names to the ping list as I run across others I find participating on similar threads. If you want off the list just say so.

Kentucky Resolution - Alien and Sedition Acts

RESOLUTIONS IN GENERAL ASSEMBLY

THE representatives of the good people of this commonwealth in general assembly convened, having maturely considered the answers of sundry states in the Union, to their resolutions passed at the last session, respecting certain unconstitutional laws of Congress, commonly called the alien and sedition laws, would be faithless indeed to themselves, and to those they represent, were they silently to acquiesce in principles and doctrines attempted to be maintained in all those answers, that of Virginia only excepted. To again enter the field of argument, and attempt more fully or forcibly to expose the unconstitutionality of those obnoxious laws, would, it is apprehended be as unnecessary as unavailing.

We cannot however but lament, that in the discussion of those interesting subjects, by sundry of the legislatures of our sister states, unfounded suggestions, and uncandid insinuations, derogatory of the true character and principles of the good people of this commonwealth, have been substituted in place of fair reasoning and sound argument. Our opinions of those alarming measures of the general government, together with our reasons for those opinions, were detailed with decency and with temper, and submitted to the discussion and judgment of our fellow citizens throughout the Union. Whether the decency and temper have been observed in the answers of most of those states who have denied or attempted to obviate the great truths contained in those resolutions, we have now only to submit to a candid world. Faithful to the true principles of the federal union, unconscious of any designs to disturb the harmony of that Union, and anxious only to escape the fangs of despotism, the good people of this commonwealth are regardless of censure or calumniation.

Least however the silence of this commonwealth should be construed into an acquiescence in the doctrines and principles advanced and attempted to be maintained by the said answers, or least those of our fellow citizens throughout the Union, who so widely differ from us on those important subjects, should be deluded by the expectation, that we shall be deterred from what we conceive our duty; or shrink from the principles contained in those resolutions: therefore.

RESOLVED, That this commonwealth considers the federal union, upon the terms and for the purposes specified in the late compact, as conducive to the liberty and happiness of the several states: That it does now unequivocally declare its attachment to the Union, and to that compact, agreeable to its obvious and real intention, and will be among the last to seek its dissolution: That if those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, annihilation of the state governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who adminster the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy: That this commonwealth does upon the most deliberate reconsideration declare, that the said alien and sedition laws, are in their opinion, palpable violations of the said constitution; and however cheerfully it may be disposed to surrender its opinion to a majority of its sister states in matters of ordinary or doubtful policy; yet, in momentous regulations like the present, which so vitally wound the best rights of the citizen, it would consider a silent acquiesecence as highly criminal: That although this commonwealth as a party to the federal compact; will bow to the laws of the Union, yet it does at the same time declare, that it will not now, nor ever hereafter, cease to oppose in a constitutional manner, every attempt from what quarter soever offered, to violate that compact:

AND FINALLY, in order that no pretexts or arguments may be drawn from a supposed acquiescence on the part of this commonwealth in the constitutionality of those laws, and be thereby used as precedents for similar future violations of federal compact; this commonwealth does now enter against them, its SOLEMN PROTEST.

Approved December 3rd, 1799.

and

Virginia Resolution - Alien and Sedition Acts
See also:
The Kentucky Resolution The Alien Act The Sedition Act

RESOLVED, That the General Assembly of Virginia, doth unequivocably express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this State, against every aggression either foreign or domestic, and that they will support the government of the United States in all measures warranted by the former.

That this assembly most solemnly declares a warm attachment to the Union of the States, to maintain which it pledges all its powers; and that for this end, it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them, can alone secure it's existence and the public happiness.

That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.

That the General Assembly doth also express its deep regret, that a spirit has in sundry instances, been manifested by the federal government, to enlarge its powers by forced constructions of the constitutional charter which defines them; and that implications have appeared of a design to expound certain general phrases (which having been copied from the very limited grant of power, in the former articles of confederation were the less liable to be misconstrued) so as to destroy the meaning and effect, of the particular enumeration which necessarily explains and limits the general phrases; and so as to consolidate the states by degrees, into one sovereignty, the obvious tendency and inevitable consequence of which would be, to transform the present republican system of the United States, into an absolute, or at best a mixed monarchy.

That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, and which by uniting legislative and judicial powers to those of executive, subverts the general principles of free government; as well as the particular organization, and positive provisions of the federal constitution; and the other of which acts, exercises in like manner, a power not delegated by the constitution, but on the contrary, expressly and positively forbidden by one of the amendments thererto; a power, which more than any other, ought to produce universal alarm, because it is levelled against that right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been justly deemed, the only effectual guardian of every other right.

That this state having by its Convention, which ratified the federal Constitution, expressly declared, that among other essential rights, "the Liberty of Conscience and of the Press cannot be cancelled, abridged, restrained, or modified by any authority of the United States," and from its extreme anxiety to guard these rights from every possible attack of sophistry or ambition, having with other states, recommended an amendment for that purpose, which amendment was, in due time, annexed to the Constitution; it would mark a reproachable inconsistency, and criminal degeneracy, if an indifference were now shewn, to the most palpable violation of one of the Rights, thus declared and secured; and to the establishment of a precedent which may be fatal to the other.

That the good people of this commonwealth, having ever felt, and continuing to feel, the most sincere affection for their brethren of the other states; the truest anxiety for establishing and perpetuating the union of all; and the most scrupulous fidelity to that constitution, which is the pledge of mutual friendship, and the instrument of mutual happiness; the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people.

That the Governor be desired, to transmit a copy of the foregoing Resolutions to the executive authority of each of the other states, with a request that the same may be communicated to the Legislature thereof; and that a copy be furnished to each of the Senators and Representatives representing this state in the Congress of the United States.

Agreed to by the Senate, December 24, 1798.


7 posted on 02/12/2009 5:49:35 PM PST by ForGod'sSake (ABCNNBCBS: A lie will travel halfway around the world before the truth can get its shoes on!)
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To: Born In America

States rights died outside a small whistle stop PA town, a long time ago. It took three days to finish the job.


8 posted on 02/12/2009 6:37:10 PM PST by central_va (Co. C, 15th Va., Patrick Henry Rifles-The boys of Hanover Co.)
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