The Virginia Resolve of 1798: Revisited

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In 1798, the State of Virginia adopted a resolution in response to Congress passing “The Alien and Sedition Acts”

Asserting that the Federal government had overstepped it’s bounds as enumerated in the Constitution, James Madison with the assistance of Thomas Jefferson, drafted the resolution with the intent of nullifying the congressional act. Kentucky also adopted a similar resolution penned by Jefferson that same year.

Below is the text of the resolution:

VIRGINIA RESOLVE

December 21, 1798

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 that compact, as no further valid than 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 it powers by forced constructions of the constitutional charter which defines them; and that indications have appeared of a design to expound certain general phrases (which, having been copied from the very limited grant of powers 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 result of which would be, to transform the present republican system of the United States into an absolute, or, at best, a mixed monarchy.

James Madison

I have emboldened the second paragraph to emphasis it’s relevance to today.

This is pertinent to our current political climate when one takes into account the arguments surrounding the “Tennessee Firearms Freedom Act” and the reaction to it by the Federal Government.

The act pertains to firearms transactions which occur wholly within the state.The BATFE sent a letter to Federal Firearm License holders saying the act is null and void.

Another potential hostile engagement is brewing in Texas. Governor Perry has stated that if the National Healthcare legislation is passed, that Texas may not take part. The Star-Telegram quotes Perry:

“I think you’ll hear states and governors standing up and saying ‘no’ to this type of encroachment on the states with their healthcare,” Perry said. “So my hope is that we never have to have that stand-up. But I’m certainly willing and ready for the fight if this administration continues to try to force their very expansive government philosophy down our collective throats.”

About Lou Riccio

Lou Riccio is the State Chapter coordinator for the Georgia Tenth Amendment Center. He also facilitates meetings for Gwinnett County Conservatives For Reform. He is an Oath Keeper and a staunch supporter of the U.S. Constitution as originally written, the 2nd and 10th Amendments, Limited Government and the Free Market.

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9 comments
Old Jim
Old Jim

Times were different but Madison was dealing with exactly the same problem we have today and the "inevitable result of which would be, to transform the present republican system of the United States into an absolute, or, at best, a mixed monarchy". I would have used stronger wording if I had wrote it but his message is quite clear.

States such as Tennessee, Arizona, Oklahoma, and others have also figured this out and have a workable strategy. Challenge the federal government where they have overstepped their authority with new state legislation and as sure as sunrise the feds will actively reassert their mistaken position on each targeted encroachment. They then become their own worst enemy by publicly validating the Constitutional overreach and by providing indisputable documentation that can be circulated as proof to Constitutionally aware citizens. All states should follow the lead of OK, AZ, and TN and extend the fight to even the smallest federal infraction.

And why? – It would be difficult to impossible from a manpower and money perspective to radically transform the governments of 50 individual states. A single federal government would be simpler and would make a much easier target. This concept can only work if the single federal government has absolute rule over the 50 states, therefore you have the strong need for the federal government to make them subordinate. Give up state sovereignty and the rest, as they say, is history.

Can the feds afford to do this? – You bet, out of all the TARP and stimulus money the federal government is sitting on an unspent pile worth, as of today’s estimate, $660 Billion. Only about 10% of the stimulus has been spent and a significant part of the TARP money has been repaid but not returned to the taxpayers. It also looks today that our economy is on the rebound and will not need more stimulus or TARP. I believe we will see what is being touted as a “jobless recovery”. Many of the jobs lost were necessary fat trimmings. Employers needed a “crisis” to perform this with reduced risk of wrongful termination suits and they got it. Many other jobs have been lost to companies moving their production offshore and these jobs are permanently lost. And what about the flood of illegals? You decide.

How will the feds spend the money? - How many senators and representatives do we have in total? Take the $660 Billion number and divide it by the number of congressional seats to be filled in the 2010 midterm elections and you can see in very plain and simple terms what is absolutely going to happen. That’s a lot of money and money buys power. What we have in progress now in congress is going to get significantly stronger – take it to the bank. Like I said in the second paragraph above “Give up state sovereignty and the rest, as they say, is history.”

Lou Riccio
Lou Riccio

Jerry, Daniel,

Here is the place to start! Find out who the reps are for your respective districts, and get them thinking about and moving on passing a similar resolution. Have your friends do the same thing.

Let the representatives know, "YOU WILL REPRESENT ME, AND PROTECT MY RIGHTS.... or someone else will..."

http://legis.state.va.us/

Daniel Burke
Daniel Burke

I too would like to get involved in Virginia on behalf of state sovereignty.

Jerry Smith
Jerry Smith

Thanks for this page, as I have wondered before, who to contact in the Virginia Assembly that is with us in this matter. Is there a list with telephone numbers or EM addresses? If so, please forwarded as I would like to express my opinion. Thanks again, JS

Freedom
Freedom

I need to get Maine to secede, (not sure of the spelling) but I have no knowledge of how to do it, who to approach, nor what to say. Can anyone help me out here? We need to take action now!! Thank you so much!!!
Freedom

Freedom
Freedom

I need to get Maine to seceed, but I have no knowledge of how to do it, who to approach, nor what to say. Can anyone help me out here? We need to take action now!! Thank you so much!!!
Freedom

Pat Pope
Pat Pope

This administration is so out of control. I believe they are completely on course as to what their agenda has been from the start. He lied to the America people on the campaign trail, that is why he would never answer a question with the answer. He is truely a PR Person. He tells people what he thinks they want to hear. I do know the real Americas MUST work quicker and with more drive to be able to take back our great America. They are working so fast we do not have time to take a breath. I also find that so many Americas do not even realize what is going on. They are not keeping up with the news for they are so busy trying to locate jobs and keep their families together financially. This is also an agenda for the Obama strategy and goals they are seeking. We have never see anything like this in America and so many people are just going about business as usual since they feel America will always be there as they have known it to be. We must act with more expediency. While the Congress is on their August break, go to any forum the Senators or Represenatives are having and speak LOUD and CLEAR of the distrust Americans now have in this administration.

Allen Tran
Allen Tran

Agreed - an excellent post. I see a lot of the same spirit of resistance today, and hope that it can make a difference.

Michael Boldin
Michael Boldin

Great post, Lou! Important to be reminded of this history and how it still applies today...