Constitutionality of Federal Legislation in Term Paper

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In his Virginia Resolution,
Madison maintains that in the aforementioned Alien and Sedition Acts,
Congress "exercises a power no where delegated to the federal government,"
however he does not have an argument against the federal government's power
to rule on the constitutionality of its own legislation (Virginia
Resolution). Furthermore, Madison maintains the state has power because
the states agreed to the Constitution, yet this overlooks the power that
the states vested in the federal government by the Constitution. In the
Kentucky Resolution Thomas Jefferson also opposes what he believes to be
abuses of power by the federal government. He believes the states have
banded as a commonwealth and not a federation, and thus the Kentucky
Resolution is his hopes that the "commonwealth does now enter against them,
its solemn protest" meaning that it protests against the power he and other
Republicans believe that Congress has used to overstep its designated power
within the Constitution (Kentucky Resolution).

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Likewise, however, this
resolution is unable to undue the constitutionality of the Alien and
Sedition Acts, because that power lies within the US Constitution and
ultimately the federal level of government.
Thomas Jefferson and James Madison both make arguments in favor of
state power, as they believe that the states are bound by the Constitution
by their own accord. This perspective, however, overlooks the power vested
in the federal government to decide the constitutionality of its
legislation. There is no clause that gives states veto power over the
federal government, rather the federal government seems to have its own
veto power. By ratifying the Constitution, the nine states agreed to "the
establishment of this Constitution" and thus abide by its legislation, as
the power is out of the states'….....

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