Today in Supreme Court History: December 24, 1798

12/24/1798: The Virginia Resolution, authored by James Madison, is published.

James Madison

Comments

[Syd Henderson]

This and the similar Kentucky resolution (authored by Thomas Jefferson) certainly led to a bunch of mischief when John C. Calhoun got hold of them, not to mention segregationist governors in the 1950s.

[Cal Cetín]

It's a tool like any other.

You can use an axe to cut down trees...or to give Daddy forty whacks.

You can use state interposition to resist the Fugitive Slave Act of 1850 (an actual example)...or to resist desegregation.

There are people who believe in federal supremacy who would like us to believe that states are always wrong and the feds are always right.

That kind of attitude is what brought us to where we are today.

[Rev. Arthur L. Kirkland]

"That kind of attitude is what brought us to where we are today."

Why do you hate modern America, Cal Cetin?

Other than the adult-onset superstition and the downscale right-wingery, I mean.

My grandchildren just scurried home because they believe a letter from Santa -- which they held in their hands -- provided important instructions. Belief in a fairy tale is cute with respect to two- and five-year-olds. It is a bad look for any adult, however, including an ostensible adult.

Modern America is great, and will continue to get better, in large part because reason, tolerance, science, modernity, progress, inclusiveness, and education continue to prevail against superstition, bigotry, dogma, backwardness, insularity, ignorance, and pining for illusory good old days. Freedom is holding its own against authoritarianism, too.

Where we are in today's is very good, with more improvement likely. Disaffected, obsolete, conservative clingers seem to disagree, but what they can do about it is mostly limited to continuing to whine, thank goodness.

[Cal Cetín]

I will pen a reply to you, and then modify all words which are inconsistent with the Christmas spirit:

Arthur, you [wonderful human being], why don't you [kiss] yourself in the [forearm] with a [glow]ing giant candy cane, you [chocolate]-for-brains, tiny-[eyelash]ed, mother[lover].

[Michael D]

Perfect Cal.

[Cal Cetín]

Anyway, which fairy tale was I promoting in the comment you replied to?

Or perhaps you believe the fairy tale of the federal government always being right?

[Alpheus W Drinkwater]

Perhaps the fairy tale that "there are people who believe in federal supremacy who would like us to believe that states are always wrong and the feds are always right." Could you perhaps identify some of these supposed people?

[Cal Cetín]

"would like us to believe" doesn't mean *they* believe it.

[Cal Cetín]

Well, that was easy - just go to Google Books, get a page view of Jesse Jackson, Jr.'s *A More Perfect Union: Advancing New American Rights* and search for the term "states rights." It is fairly obvious what he wants the reader to believe, whether or not he believes it himself.

[Cal Cetín]

But, sure, they only want us to consider the feds to be right in a conflict with the states. If the states and feds agree, that's a wonderful consensus.

[Syd Henderson]

Cal's right, too, that opponents of the Fugitive Slave Act also used Madison and Jefferson arguments.* The axe can cut both ways, so be careful you don't cut your own foot off.

*I wonder if people used it against them while they were president? My guess would be yes against Madison, in the New England states just before to the War of 1812

[johnchris]

Virginia legislatures took the position that the federal Alien and Sedition Acts were unconstitutional.

[nedduane]

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[wimpernserum]

Well, that was easy - just go to Google Books, get a page view wimpernserumtest