1301.8c - Compact Theory and Nullification

Resistance to the Alien and Sedition Acts00:00:00

The video begins by discussing the swift reaction to the Alien and Sedition Acts, particularly from Democratic Republicans like Jefferson and Madison. Several Western and Southern states refused to comply, led by Virginia and Kentucky through the Resolutions of 1798 and 1799. Jefferson and Madison worked secretly to challenge these laws as unconstitutional, avoiding the courts which were controlled by Federalists.

Compact Theory Explained00:01:46

The lecture introduces two main arguments: Compact Theory and Nullification. Compact Theory argues that the states created and ratified the Constitution, willingly giving up specified powers to the federal government. Because the states wrote and approved the document, they believed they had the power to interpret it and decide if national laws were unconstitutional.

Nullification Explained00:03:54

Nullification is described as the 'how' to Compact Theory's 'why.' It is a declaration by a state that a federal law is unenforceable within its borders if deemed unconstitutional. Jefferson and Madison argued this required a majority of states to be effective, though it does not actually repeal the law, only removes its power through lack of enforcement.

Contract Theory and Judicial Review00:06:56

The video contrasts Compact Theory with Contract Theory, which posits that the people, not the states, wrote and ratified the Constitution based on John Locke's social contract. Under this view, the people interpret the Constitution through the courts via judicial review. The narrator notes that the Constitution supports the courts' role in interpretation, rendering Compact Theory and Nullification incorrect.

Success and Significance00:09:22

Although Compact Theory and Nullification were repeatedly invalidated by the national government and Supreme Court, they remained significant. These ideas were used by states in the pre-Civil War era, by Southern states during the Civil Rights movement, and even recently regarding the Affordable Care Act. The narrator emphasizes that nullification has never been successfully implemented by a majority of states, but these concepts are critical for understanding American history and exams.