The “Rightful Remedy”

Passed in 1798 by the

Adams administration

4 Acts• Naturalization Act

• Alien Friends Act

• Alien Enemies Act

• Sedition Act – the most

controversial, a pure attack

on freedom of speech and

the press

• 25 were tried, 10 convictions

Luther Baldwin was arrested when remarking, at a New

Jersey welcome ceremony for John Adams.

David Brown erected a sign that criticized the

President. He was jailed for 18 months with $4,000 bail.

Matthew Lyon, sitting Vermont Congressman, won his

reelection in the 6th Congress from jail!

Federalist judges spared no wrath in the adjudication of

these cases

Some voices within the United States, like

John Taylor of Caroline, openly called for

secession

Jefferson referred to this form of

governance as a “reign of witches”

Questions over how unconstitutional action

can be dealt with

Supreme Court did not take up any appeal

from those convicted

“That the several States composing, the

United States of America, are not united

on the principle of unlimited submission

to their general government.”

“And that whensoever the general

government assumes undelegated

powers, its acts are unauthoritative,

void, and of no force”

“Where powers are assumed which

have not been delegated, a nullification

of the act is the rightful remedy”

Penned by Thomas Jefferson

“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 the compact.”

“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.”

Penned by James Madison

Doesn’t apply to any law a state “doesn’t

like,” only unconstitutional laws

As parties to the compact of the

Constitution, states decide the

constitutionality of law

An unconstitutional law is null, cannot be

enforced, and no law at all

Nullification did not start with the South

Carolina “Nullification Crisis” of 1832

Not associated with slavery

Prevent embargos• Reaction to Embargo Act of 1807

• Considered restrictions upon state authority

Prevent conscription during War of 1812• Massachusetts and Connecticut

• Recognized Constitution doesn’t give this power

Prevent unconstitutional tariffs and cronyismRender Fugitive Slave Act of 1850

unconstitutional• Protected runaway slaves intended to be seized solely

upon petition of owner, for whatever criteria

• Many northern states nullified this act in the 1850s

Website: www.davebenner.com

Twitter: @crushitson