“In a Constitutional Way”: Patrick Henry, Thomas Jefferson, and the Meaning of a Loyal Opposition

In the 1790s, partisan political battles threatened to tear the new nation apart. Under the Sedition Act, a person criticizing the government could be jailed. In response, the Kentucky Resolutions, drafted by Thomas Jefferson, declared that Kentucky could proclaim federal laws unconstitutional and “nullify” them. George Washington begged Patrick Henry to come out of retirement, oppose these dangerous policies, and save the union. Though Henry had been the leading antifederalist, arguing against ratification of the Constitution, in 1799, he rebuked Jefferson and insisted that since “we the people” adopted the Constitution anyone contesting federal policy must seek reform “in a constitutional way.” John Ragosta will discuss this story a story of how a democracy must work if it is to survive.