The Kentucky Resolutions: Jefferson's Compact Theory and the Limits of Federal Power
In 1798, Thomas Jefferson wrote the Kentucky Resolutions in direct response to federal overreach. His argument: the states created the federal government through the Constitution, and therefore the states retain the authority to judge when the federal government has exceeded its delegated powers. This is the foundational document of compact theory — and it remains directly relevant to every assertion of unconstitutional federal authority today.
The Core Argument in Plain Language
Jefferson's argument in the Kentucky Resolutions can be stated simply: the federal government is a creature of the states, not the other way around.
The states created the federal government by ratifying the Constitution. They delegated specific, limited powers to it — the powers listed in Article I, Section 8. Everything else was retained by the states and the people. Because the states created the federal government, they retain the authority to judge whether the federal government has exceeded those delegated powers.
The alternative — allowing the federal government to be the final judge of its own authority — would make federal power unlimited. If the federal government can expand its own powers simply by asserting them, then the Constitution's limits mean nothing.
Jefferson called the appropriate remedy "nullification" — a state's right to declare an unconstitutional federal act void and refuse to enforce it. This is a stronger claim than Madison's "interposition," but both documents share the same foundational principle: the states are the constitutional check on federal overreach.
Kentucky vs. Virginia: Two Approaches to the Same Problem
Jefferson's Kentucky Resolutions
- Asserts nullification — a single state's right to declare a federal act void
- Explicitly uses the word "nullification" in the 1799 version
- Argues unconstitutional acts are void from the moment they are passed
- Calls on other states to join in declaring the Acts unconstitutional
- The stronger, more unilateral claim of state authority
Madison's Virginia Resolutions
- Asserts interposition — a collective state response to federal overreach
- Calls for states to act together, not unilaterally
- Focuses on triggering national debate and correction
- Elaborated in the Report of 1800 with First Amendment analysis
- The more measured, procedural claim of state authority
Together, they form the complete 1798 rebuttal. Jefferson's Kentucky Resolutions and Madison's Virginia Resolutions were written simultaneously, in coordination, as a joint response to the Alien and Sedition Acts. They share the same foundational argument — compact theory — but differ in the remedy they propose. Read together, they establish the full range of constitutional tools available to states when the federal government exceeds its delegated powers.
Jefferson's Words: Five Key Quotes
"The government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself."
— Kentucky Resolutions, 1798 — Thomas Jefferson
The foundational statement of compact theory: the federal government cannot be the sole judge of its own authority.
"Whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force."
— Kentucky Resolutions, 1798 — Thomas Jefferson
Unconstitutional federal acts are void from the moment they are passed — not merely voidable after a court ruling.
"A nullification by those sovereignties of all unauthorized acts done under color of that instrument is the rightful remedy."
— Kentucky Resolutions, 1799 — Thomas Jefferson
Jefferson's explicit use of 'nullification' — the strongest founding-era statement of state authority to reject unconstitutional federal acts.
"The several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction."
— Kentucky Resolutions, 1798 — Thomas Jefferson
States retain the sovereign authority to determine when the federal government has violated the constitutional compact.
"Free government is founded in jealousy, not in confidence; it is jealousy and not confidence which prescribes limited constitutions."
— Kentucky Resolutions, 1798 — Thomas Jefferson
Jefferson's explanation of why constitutional limits exist: governments must be constrained by law, not trusted to limit themselves.
The 1798 Rebuttal in Context: 1791–2026
Hamilton's Bank Opinion
Hamilton argues the Necessary and Proper Clause gives Congress broad implied powers. Jefferson and Madison oppose it.
Alien and Sedition Acts
Congress passes laws criminalizing criticism of the government and allowing deportation of non-citizens without trial.
Kentucky Resolutions (First)
Jefferson writes the first Kentucky Resolutions, declaring the Acts unconstitutional and asserting state authority to judge federal overreach.
Virginia Resolutions
Madison writes the Virginia Resolutions, calling for 'interposition' — a collective state response to unconstitutional federal acts.
Kentucky Resolutions (Second)
Jefferson writes the second Kentucky Resolutions, explicitly using the word 'nullification' and calling on other states to join.
Madison's Report of 1800
Madison elaborates the Virginia Resolutions, clarifying that interposition is a collective state act and that the First Amendment protects political speech absolutely.
Marbury v. Madison
The Supreme Court establishes judicial review — but Jefferson's compact theory remains the foundational argument that courts are not the only check on federal power.
Emergency Powers & CBDC
Federal agencies assert authority to surveil communications, control digital currency, and restrict movement. The compact theory Jefferson articulated remains the constitutional framework for challenging these assertions.
Frequently Asked Questions
What are the Kentucky Resolutions?
The Kentucky Resolutions are two sets of statements passed by the Kentucky state legislature — the first in November 1798, the second in December 1799 — written by Thomas Jefferson. Like Madison's Virginia Resolutions, they declared that the federal government had exceeded its constitutional authority by passing the Alien and Sedition Acts. Jefferson argued that the states created the federal government through the Constitution, and therefore the states retain the authority to judge when the federal government has violated that compact.
What is 'nullification'?
Nullification is the doctrine that a state can declare a federal law void and refuse to enforce it within its borders when that law exceeds the powers granted to the federal government by the Constitution. Jefferson used the word 'nullification' in the 1798 Kentucky Resolutions to describe this power. It is a stronger claim than Madison's 'interposition' — which calls for a collective state response — because nullification asserts a single state's right to act unilaterally. The doctrine was controversial then and remains debated today, but the underlying principle — that the federal government cannot be the final judge of its own authority — is foundational to constitutional government.
What is 'compact theory'?
Compact theory holds that the Constitution is a compact — a contract — among the states. The states created the federal government by ratifying the Constitution, and they delegated specific, limited powers to it. Because the states created the federal government, they retain the authority to judge whether the federal government has exceeded those delegated powers. Jefferson's Kentucky Resolutions are the clearest early statement of this principle: 'the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself.'
What did Jefferson say in the 1799 Kentucky Resolutions?
The 1799 Kentucky Resolutions were a follow-up after other states rejected the 1798 version. In them, Jefferson doubled down: he explicitly used the word 'nullification' and asserted that a 'nullification by those sovereignties of all unauthorized acts done under color of that instrument is the rightful remedy.' He also called on other states to join Kentucky and Virginia in declaring the Alien and Sedition Acts unconstitutional. The 1799 Resolutions are the most forceful statement of state sovereignty in the founding era.
How do the Kentucky Resolutions differ from the Virginia Resolutions?
Both documents share the same foundational argument: the states created the Constitution, the federal government has exceeded its delegated powers, and the states have the right to respond. The difference is in degree. Madison's Virginia Resolutions called for 'interposition' — a collective state declaration that triggers national debate and correction. Jefferson's Kentucky Resolutions went further, asserting 'nullification' — a state's right to declare a federal law void and refuse to enforce it. Together, the two documents form the complete 1798 state-level rebuttal to federal overreach.
Why does this matter for natural persons today?
The Kentucky Resolutions established that the federal government is a creature of the states — not the other way around. When federal agencies claim authority to surveil communications without warrants, mandate participation in digital currency systems, or restrict movement without constitutional basis, the compact theory Jefferson articulated provides the constitutional framework for states and individuals to challenge that authority. The federal government cannot expand its own powers simply by asserting them. The Constitution delegates specific, limited powers — and Jefferson's Kentucky Resolutions are the founding-era proof that this limit was always intended to be enforced.
The 1798 Foundational Pair
Kentucky Resolutions (Jefferson)
Compact theory and nullification — the states' right to declare unconstitutional federal acts void. The stronger, more unilateral claim.
You are hereVirginia Resolutions (Madison)
Compact theory and interposition — a collective state response to federal overreach. The more measured, procedural claim.
Read the companion explainer