Fear, speech, and state power collide when Congress passes the Alien and Sedition Acts—and two southern legislatures answer back. We sit down with Dr. Beyenberg to unpack the Kentucky and Virginia Resolutions, tracing how Madison and Jefferson turned a free speech crisis into a lasting argument about federalism and constitutional limits. What begins with fears of French intrigue and partisan newspapers becomes a sharp debate over the First Amendment, the Tenth Amendment, and whether states can speak for themselves when Washington crosses the line.

We explore the text and the subtext: the Sedition Act’s unusual requirement that the speech be false, the choice to route prosecutions through juries, and the Federalist logic that leaned on English common law. Then we follow the strategy. Madison crafts Virginia’s protest as a constitutional nudge—rally sister states, pressure Congress, and signal the courts. Jefferson, writing for Kentucky, toys with the word nullification, opening a door he never clearly defines and setting the stage for later battles where that word becomes explosive.

The story doesn’t end in 1799. Opponents throw the resolutions back during the War of 1812, and by the 1830s the Webster-Hayne debates draw the hard line: if nullification means using force to block a federal law, it’s not constitutional argument—it’s a path to conflict. We connect those lessons to today’s fights over immigration enforcement and state resistance, asking how far a state can go without breaking the system that holds us together. Along the way, we also meet the Founders in full color—brilliant, strategic, and sometimes hypocritical—as they spar over speech and power.

If you value clear thinking about free speech, federalism, and who gets to say no to Washington, hit play, subscribe, and share this episode with someone who loves constitutional history. Then tell us: where should states draw the line?

Check Out the Civic Literacy Curriculum!

School of Civic and Economic Thought and Leadership

Center for American Civics