Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
1. _Resolved._ That the several States composing the United States of
America are not united on the principle of unlimited submission to
their general Government; but that, by a compact under the style and
title of a Constitution for the United States, and of amendments
thereto, they constituted a general Government for special
purposes--delegated to that Government certain definite powers,
reserving, each State to itself, the residuary mass of right to their
own self-government; and that whensoever the general Government
assumes undelegated powers, its acts are unauthoritative, void, and
of no force; that to this compact each State acceded as a State, and
is an integral party, its co-States forming, as to itself, the other
party: that the Government created by this compact was not made the
exclusive or final judge of the extent of the powers delegated to
itself; since that would have made its discretion, and not the
Constitution, the measure of its powers; but, that, as in all other
cases of compact among powers having no common judge, each party has
an equal right to judge for itself, as well of infractions as of the
mode and measure of redress.
Not only was Jefferson perfectly consistent in repeating almost word for
word in this Resolution the doctrine of natural rights and State rights
already enunciated in 1776, but the last lines foretold the theory he
was to defend against Marshall during his presidency. By denying that
the parties to the Federal compact had a common judge, he refused in
advance to consider the Supreme Court as the guardian, interpreter, and
defender of the Constitution. This principle once asserted, Jefferson
endeavored to prove that the Sedition Bill, the Alien Bill and other
measures adopted by Congress at the instigation of the Federalists
constituted an infringement of State rights, since they did not deal
with matters specifically reserved to Congress and since it was provided
that "the powers not delegated to the United States by the Constitution,
nor prohibited by it to the States are reserved to the States
respectively or to the people." This was at the same time an attempt to
prove the unconstitutionality of the recent legislation and an endeavor
to define more exactly the powers of the Federal Government. The Eighth
Resolution, the longest, proposed the establishment of a committee of
correspondence to communicate the resolutions to the different
legislatures and enunciated the doctrine of nullification, namely that
the State had the right to consider as nonexistent such laws as might be
passed in defiance of the Constitution. Naturally the Law of Sedition
and the Alien Bill came under that category.
Public-domain text, read in full here on John Shaqi.
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