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alien and sedition acts 1917
alien and sedition acts of 1790
alien and sedition acts of 1798
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The Alien and Sedition Acts were passed by Congress on July 14th, 1798. At this time in American history, John Adams was President and the Federalist had complete control over the federal government. On the surface, the Federalist and the Adam’s Administration appeared to be supporting these laws with the concern of national security and the safety of our borders. However, it became evident that the Federalist had political motives to destroy the Republican Party and anyone who agreed with them. In this paper I will explain the Alien and Sedition Acts of 1798 and the importance of them. I will also examine the legal and social implications that resulted from the passing of these laws. Lastly I will discuss why I believe the National Defense Authorization Act of 2014 is unconstitutional and why it is the worst violation of the constitution since the Alien and Sedition Act of 1798 (Jenkins, 2001, p. 154).
The Alien Act (2009) increased the residency requirement for American Citizens from five to fourteen years. It also gave the President the power to deport and/or arrest any immigrant that was considered, “dangerous to the peace and safety of the United States” as well as restricting anything written or spoken that criticized the government (Arnold, 2011, p. 10). John Adams and his administration claimed these laws were designed to protect the nation from foreign enemies. The Republicans disagreed and believed this was a way for the Federalist to gain more control in government. According to Garrison (2009), between 1798 and 1800, under the terms of the Sedition Act, “twenty-five individuals were arrested for slanderously publishing newspapers or pamphlets to bring disrepute upon the President or government of the United States”...
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...ternal Security Acts of 1798: The Founding Generation and the Judiciary during America's First National Security Crisis. Journal Of Supreme Court History, 34(1), 1-27. doi:10.1111/j.1540-5818.2009.01196.x.
Jenkins, D. (2001). THE SEDITION ACT OF 1798 AND THE INCORPORATION OF SEDITIOUS LIBEL INTO FIRST AMENDMENT JURISPRUDENCE. American Journal Of Legal History, 45(2), 154-213.
Lendler, M. (2004). Equally Proper at All Times and at All Times Necessary. Journal Of The
Early Republic, 24(3), 419-444.
Sedition Act. (2009). Sedition Act, 1.
Tedford, T. L. & Herbeck, D. A. (2009). Freedom of speech in the United States. Strata
Publishing, State College: PA.
Obama, B. (2014). Memorandum on Delegation of Authority Under Section 1245(d) (5) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81). Daily Compilation Of Presidential Documents, 1.
The Alien and Sedition acts hurt John Adams’ image of a patriot and his chances of a another presidency. The Alien and Sedition Acts were signed into law by John Adams in 1798. They, among other
Claremont Education. 18 May 2006. . War Powers Resolution: Presidential Compliance? 14 February 2006 -. Congressional Research Service Reports -.
...Sedition Acts exercise a power nowhere delegated to the Federal government...this commonwealth does declare that the said Alien and Sedition Acts are violations of the said Constitution." The resolutions nullified the laws and contributed to the rise of Republicanism and the fall of Federalism.
The Alien and Sedition Acts were not merely intended for immigrants who spoke out against the government but more to detain the growth of the Democratic - Republican Party. These four Acts coercively lessoned the likelihood of the party mounting power by eliminating its majority group; soon to be citizens. Many issues led up to the creation of the Acts. This Cause and Effect can be traced all the way back to George Washington's Presidency; a few years after the creation of the Constitutional government after the Articles of Confederation were expulsed.
From the opening sentence of the essay, “We are free to be you, me, stupid, and dead”, Roger Rosenblatt hones in on a very potent and controversial topic. He notes the fundamental truth that although humans will regularly shield themselves with the omnipresent First Amendment, seldom do we enjoy having the privilege we so readily abuse be used against us. Freedom of speech has been a controversial issue throughout the world. Our ability to say whatever we want is very important to us as individuals and communities. Although freedom of speech and expression may sometimes be offensive to other people, it is still everyone’s right to express his/her opinion under the American constitution which states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press”.
Peter, Sagal. “Should There Be Limits on Freedom of Speech?” 25 March. 2013. PSB. PBS.com 14 Nov.
Jost, Kenneth. "The Federal Judiciary." CQ Researcher 8.10 (1998). CQ Researcher. SAGE Publications. Web. 01 Mar. 2011. .
Welch, Gruhl, Rigdon and Thomas (2011) assert that, according to Article II of the U.S. Constitution, the executive power is granted solely to the President of the U.S. This clause of the constitution has continued to draw significant constitutional debate since the ratification of the Constitution. For example, James Madison and Alexander Hamilton, in 1793 questioned whether the clause affords residual power to the President outside the enumerated powers stipulated in the Constitution. This debate is still significant in the contemporary times because it has a direct impact on the power of the President, and also, as an essential insinuation, it impacts on the freedoms and liberties of U.S. citizenry at home and in foreign countries. In this context, Pika and Maltese (2004) argue that, it is essential to mention a number of prominent Supreme Court cases that involve the outline of executive powers that have transpired, informed by in the perspective of foreign affairs, as well war. Therefore, it is not unforeseen that today, in the War on Terror, the...
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
These acts were, of no questions asked, surly constitutional. The Federalist Party presented these acts, later consequently passed by Congress, because they were and fair and just laws in accordance to the nation at that time. For the sake of argument, the nation and government was very inexperienced, and did not know what to expect in their near future. John Adams became the second president of the United States of America, subsequently, having to accept many challenges and responsibilities to fulfill the job in office. He had the task of making sure that the newly founded nation kept running smooth. That is a big burden if there are activities going on in the country that one has no control, nor knowledge of (i.e. foreigners coming into the nation and starting trouble by disrupting the form of government, or having radicals trying to protest and perturb the running government in office-Federalists, at this time). John Adams was smart enough to realize the significance of these factors. Thus, taking his duty of President of USA seriously, he, along with the Federalist-controlled Congress, took action to protect the new country. Hence, were the creation and passing of the four, debate-causing laws (Naturalization, Alien, Alien Enemies, and Sedition Acts).
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
McDowell, Gary L. “The Explosion and Erosion of Rights.” In Bodenhamer, David J. and Ely, James W. The Bill of Rights in Modern America. Bloomington: Indiana University Press, 2008. Print.
Strickland, Lee. "Without Civil Liberties Homeland Security Will Fall." University of Maryland. N.p., 23 Dec. 2005. Web. 10 Dec. 2013. .
Both authors try to put an exact number on the number of individuals that have been detained sine the inception of the Patriot Act to suit their respective arguments. David Cole states that the Justice Department had the number at 1,147 less than two months into the Justice Department’s investigation. The Justice Department, according to Cole, reportedly “responded by simply stopping its practice of announcing the running tally” (p3) due to “mounting criticism over the scope of the roundup”. (p3) Attorney General John Ashcroft gives a substantially lower number of individuals. In three month’s time, he states that 60 individuals had been placed into federal custody, and that 563 have been detained due to immigration violations. (p17) Attorney General John Ashcroft states that the Patriot Act is Constitutionally sound, and that he and the Justice Departmen...
Freedom of speech cannot be considered an absolute freedom, and even society and the legal system recognize the boundaries or general situations where the speech should not be protected. Along with rights comes civil responsib...