The Kentucky and Virginia Resolutions: A Starting Point

In 1798, Thomas Jefferson and James Madison penned the Kentucky and Virginia Resolutions, formally articulating the principles of nullification for the first time. But the resolutions weren’t the end of the story. In fact, they were intended as a starting point.

During the summer of 1798, Congress passed four laws together known as the Alien and Sedition Acts. These laws violated several constitutional provisions and represented a gross federal usurpation of power.

The first three laws dealt with the treatment of resident aliens. The Alien Friends Act gave the president sweeping power to deport “dangerous” aliens, in effect elevating the president to the role of judge, jury and “executioner.” TheAlien Enemies Act allowed for the arrest, imprisonment and deportation of any male citizen of a nation at war with the U.S., even without any evidence that he was an actual threat. These laws unconstitutionally vested judicial powers in the executive branch and denied the accused due process.

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