Jefferson Implicated in Kentucky Resolution

In 1798, the Federalist dominated Congress passed four pieces of legislation, known collectively as the Alien and Sedition Acts. These laws were a reaction to the French Revolution and fears that more radical citizens would attempt to recreate it in America. However, the passage of the Acts proved incredibly controversial. Many of the Democratic-Republicans charged that the law was unconstitutional. During this period of high tensions, Vice President Jefferson and James Madison secretly drafted two pieces of legislation known as the Kentucky and Virginia Resolutions.

Simply put, the papers were Declarations from the Legislatures of Kentucky and Virginia that the Alien and Sedition Acts were unconstitutional and that the states had the right and the duty to declare unconstitutional any acts of Congress that were not authorized by the Constitution. It argued that the states had the power of nullification.

The Kentucky and Virginia Resolutions proved even more unpopular than the Alien and Sedition Acts, to the point where ten of the state legislatures voiced official disapproval of them. Jefferson's biographer Dumas Malone has argued that the Kentucky Resolution might have gotten him impeached for treason had his actions become known at the time. Indeed, many modern political scientists have argued that the Kentucky Resolution was, in essence, treason.

So, what if Jefferson's involvement in the Kentucky Resolution is found out? Would Jefferson be impeached and removed from office? Would Congress be able to follow the paper trail to implicate Madison as well?
 
I can imagine the supporters of the law might begin to look just a tad hypocritical if TJ were to be implicated.......
 
In 1798, the Federalist dominated Congress passed four pieces of legislation, known collectively as the Alien and Sedition Acts. These laws were a reaction to the French Revolution and fears that more radical citizens would attempt to recreate it in America. However, the passage of the Acts proved incredibly controversial. Many of the Democratic-Republicans charged that the law was unconstitutional. During this period of high tensions, Vice President Jefferson and James Madison secretly drafted two pieces of legislation known as the Kentucky and Virginia Resolutions.

Simply put, the papers were Declarations from the Legislatures of Kentucky and Virginia that the Alien and Sedition Acts were unconstitutional and that the states had the right and the duty to declare unconstitutional any acts of Congress that were not authorized by the Constitution. It argued that the states had the power of nullification.

The Kentucky and Virginia Resolutions proved even more unpopular than the Alien and Sedition Acts, to the point where ten of the state legislatures voiced official disapproval of them. Jefferson's biographer Dumas Malone has argued that the Kentucky Resolution might have gotten him impeached for treason had his actions become known at the time. Indeed, many modern political scientists have argued that the Kentucky Resolution was, in essence, treason.

So, what if Jefferson's involvement in the Kentucky Resolution is found out? Would Jefferson be impeached and removed from office? Would Congress be able to follow the paper trail to implicate Madison as well?

When it gets to ATLs involving pre-ACW law I think its necessary to look at law textbooks of the day for how the laws or resolutions were interpreted and considered by lawyers and professors of that time period. Consulting texts written by modern political scientists would be near worthless since they will be looking at the resolutions thru a POV vastly different than those of late 1700s.
 
I can imagine the supporters of the law might begin to look just a tad hypocritical if TJ were to be implicated.......

How so? The Alien and Sedition Acts were supported by the Federalists and harshly opposed by the Democratic-Republicans, led by Jefferson.

When it gets to ATLs involving pre-ACW law I think its necessary to look at law textbooks of the day for how the laws or resolutions were interpreted and considered by lawyers and professors of that time period. Consulting texts written by modern political scientists would be near worthless since they will be looking at the resolutions thru a POV vastly different than those of late 1700s.

In writing the Kentucky Resolutions, Jefferson warned that, "unless arrested at the threshold," the Alien and Sedition Acts would "necessarily drive these states into revolution and blood." He wasn't advocating peaceful protest, he was demanding outright rebellion against the government of which he was Vice President. I realize political culture has changed significantly, but that is a serious action. It goes beyond even the constitutionally questionable Alien and Sedition Acts.
 

Wolfpaw

Banned
The effects would be fascinating, and Jefferson would be seen more as a martyr of Big Government rather than a genteel hypocrite.

I could see his prosecution triggering troubles in various States, perhaps with Jefferson's arrest leading to the very thing he was prophesying. It would be interesting to see how the law and order Federalists would react to actual (rather than imagined) insurrection.
 
The effects would be fascinating, and Jefferson would be seen more as a martyr of Big Government rather than a genteel hypocrite.

I could see his prosecution triggering troubles in various States, perhaps with Jefferson's arrest leading to the very thing he was prophesying. It would be interesting to see how the law and order Federalists would react to actual (rather than imagined) insurrection.

This is what I was thinking of as well. It would certainly galvanize the Democratic-Republicans, perhaps enough to take arms against the federal government. I'm just not sure if it would cause general dissent or organized secession.

If Jefferson is removed from office, it would certainly set a precedent. We might see Congress more willing to resort to it.
 
Could such an incident cause the United States to fracture, or cause a few states to make real on their threats of secession?
 
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