The Kentucky Resolutions of 1798

I’m sure you’ve all heard of Thomas Jefferson.  Even the intentional dumbing down of educational standards in public schools can’t have taken away every historical fact.  I’m sure most of you are even aware that he wrote a few things, specifically large parts of the Declaration of Independence.  He was also the third President of the United States, and served as VP to John Adams, our second President.

Now I know some of you are lost already, but stick with me and you’ll likely learn something.  The ones who aren’t lost yet, congrats.  You’re the head of the class for sure.  Thomas Jefferson was a lawyer, a statesman, and beyond all else, a deep thinker who was concerned with liberty.  He authored many different papers mostly focusing on differing aspects of the law of our newly formed land. 

One such document, which he started working on when he was Vice President, was The Kentucky Resolutions of 1798.  If you’re so inclined, you can read the summary version on Wikipedia.  He was inspired to write this after Congress passed the Alien and Sedition Acts.  This was because he strongly disagreed with Congress thinking they had the power to deport any alien who was not yet a citizen based on the Feds believing they were “dangerous to the peace and safety of the United States”.  Rightly so, Jefferson was worried that this could lead to a dangerous abuse of power, and take away individual liberties that were supposed to have been secured by the Constitution.

In a nutshell, The Kentucky Resolutions of 1798 proclaim states rights over federal rights, which allows states the ability nullify a federal law, or refuse to enforce it.  The Constitution of the United States is a document that specifically sets forth to limit the powers of the United States Government.  This is by design.  However, the only mechanism set forth in the Constitution to decide on those issues is the Supreme Court.  Enter Thomas Jefferson.

According the the Kentucky Resolutions of 1798, it is up to the States, both individually and collectively, to police the actions of the Federal Government.  The Kentucky Resolutions of 1798 put to law that states had the right to declare a federal law unconstitutional, allowing states to help police the federal power-grabs.  In 1799, there was another Resolution adopted that clarified in such an even, the proper resolution was nullification by the collective states.  Although we’ve never actually seen nullification take place in such a manner, the states can, with 2/3 majority, call a constitutional convention, where they can propose amendments, void other amendments, etc.  The states have a great deal of power, in this and other way, that they rarely or never exercise. 

At the same time that Thomas Jefferson was drafting his Kentucky Resolutions, James Madison was drafting a very similar set of Resolutions for Virginia.  These documents are but a small example of a great deal of history that points to the States having all the power, and the Federal government being beholden to the decisions made at the state level.  Although, the Feds would never admit that, and certainly don’t act like it.  Perhaps it’s time for the States to rise up and gather the reigns to themselves once again, and let the corruption in DC be put on notice.