"In a Constitutional Way": Patrick Henry, Thomas Jefferson, and the Meaning of a Loyal Opposition

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On December 14, 2023, historian John Ragosta gave a lecture on Patrick Henry’s final political battles. In a democracy, how do you disagree with government policy? What is a loyal opposition? In the 1790s, hyper-partisan political battles threatened to tear the new nation apart. Under the Sedition Act, a person criticizing the government could be jailed; opposition newspaper editors were targeted. In response, the Kentucky Resolutions, drafted by Thomas Jefferson, declared that Kentucky could proclaim federal laws unconstitutional and “nullify” them—secession, state versus state, and against the federal government, loomed. Newspapers warned of “Civil War!” George Washington begged Patrick Henry to come out of retirement, oppose these dangerous policies, and save the union. Though Henry had been the leading antifederalist, arguing against ratification of the Constitution, in 1799, he rebuked Jefferson and insisted that since “we the people” adopted the Constitution—even though Henry had opposed it—anyone contesting federal policy must seek reform “in a constitutional way.” Henry helped to define a loyal opposition. Unfortunately, that story was suppressed by Jeffersonians throughout the 19th century. John Ragosta discussed this story—recounted in For the People, For the Country: Patrick Henry’s Final Political Battle—a story of how a democracy must work if it is to survive. John A. Ragosta is a historian at the Robert H. Smith International Center for Jefferson Studies at Monticello. He is the author of Religious Freedom: Jefferson’s Legacy, America’s Creed and For the People, For the Country: Patrick Henry’s Final Political Battle. This program, part of the VMHC's multi-year initiative to commemorate the 250th Anniversary of the U.S., is presented by the John Marshall Center for Constitutional History & Civics. The content and opinions expressed in these presentations are solely those of the speaker and not necessarily of the Virginia Museum of History & Culture.