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The Virginia and Kentucky
Resolutions By James Madison and Thomas Jefferson, respectively
The Virginia Resolution:
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 itʹs 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
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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 ʺAlien and Sedition Actsʺ 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, ʺthe Liberty of Conscience and of the Press cannot
be cancelled, abridged, restrained, or modified by any authority of the United States,ʺ 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.
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The Kentucky Resolution:
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
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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.