"That if any person shall write, print, utter, or publish... any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress... with intent to defame the said government... shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years." — Sedition Act, July 14, 1798
Jefferson and Madison responded to this law by drafting documents that argued:
- A
Congress should immediately declare war on France
- B
Federal courts had exclusive authority to strike down acts of Congress
- C
The Bill of Rights did not apply to printed political speech
- Dcheck_circle
States could judge the constitutionality of federal laws and resist unconstitutional ones
Explanation
The Virginia and Kentucky Resolutions (1798-99) advanced the compact theory, asserting state authority to judge federal overreach. They explicitly defended press freedom under the First Amendment, opposed escalation with France, and rejected exclusive federal judicial review.