Alien and Sedition Acts: Main Idea
Alien and Sedition Acts: Main Idea
The United States has always been a nation of immigrants. Except for the Native Americans, who said, "Hey, we actually lived here already, and...oh, you're not listening."
While diversity can bring out the best in us, it can also bring out the worst. Not because it's a bad thing…but because people can be sometimes be jerks.
The Alien and Sedition Acts were largely built on the back of xenophobia. For the most part, they restricted the rights of immigrants, making it harder for them to become citizens and easier to get rid of them.
The Sedition Act was a bit of an odd man out, but it comes from some of the same fear. In this case, it's curtailing rights to speak against the government, also known as what the First Amendment to the Constitution explicitly allows us to do.
Questions
- Is there a situation where the Alien and Sedition Acts could be necessary? Would they have been helpful at any point in history?
- When is it allowable for the government to restrict rights it previously guaranteed? Ever? If they can be restricted are they truly rights? Why or why not?
- Is the American attitude toward immigration unrealistic? How about the First Amendment? Are the Alien and Sedition Acts the first attempt to bring the Founders' utopian ideals into the real world? Why or why not?
- Should the Alien Enemies Act be repealed, or is it a valuable tool in modern warfare? Is it Constitutional and does that matter?
Chew On This
The Alien and Sedition Acts were a shocking power grab by the Federal Government and an object lesson in why we need a careful balance with states' rights.
The Sedition Act is clearly unconstitutional, but none of the others actually violate any precept of the Constitution. This is why we need a new amendment or another way to determine illegality.
Quotes
Quote #1
"Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the President of the United States at any time during the continuance of this act, to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United Slates, within such time as shall be expressed in such order, which order shall be served on such alien by delivering him a copy thereof, or leaving the same at his usual abode, and returned to the office of the Secretary of State, by the marshal or other person to whom the same shall be directed." (Friends.1)
This is the meat of the Alien Friends Act. Basically, if the president has "reasonable grounds" to think an immigrant is up to something, he can deport them. That's it. So much for due process.
Quote #2
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no alien shall be admitted to become a citizen of the United States, or of any state, unless in the manner prescribed by the acthe shall have declared his intention to become a citizen of the United States, five years, at least, before his admission, and shall, at the time of his application to be admitted, declare and prove, to the satisfaction of the court having jurisdiction in the case, He shall declare and prove fourteen years residence within the United States, and five years in the state, &c. where he applies; besides otherwise conforming to the former act. that he has resided within the United States fourteen years." (Naturalization.1)
The Naturalization Act dramatically increased the time it took to become a citizen. In 1790, no notice was required, and it took two years of residence. In 1795, you needed three years of notice and five years of residence. The Naturalization bumped that up to five and fourteen. Putting that in perspective, the country hadn't yet existed for fourteen years.
Quote #3
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies." (Enemies.1)
In other words, "If you're an immigrant from a country we're at war with and you're over the age of fourteen, you will be kicked out of the United States. Any nation, at any time… and it can change."
Quote #4
"That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years." (Sedition.1)
First Amendment? What's that? This quote explicitly lays out the punishment for exercising one's First Amendment rights in a way that's objectionable to the government. If the First Amendment only applies when the government is cool with it, doesn't that make it unnecessary?
Quote #5
"And the President of the United States shall be, and he is hereby authorized, in any event, as aforesaid, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States, towards the aliens who shall become liable, as aforesaid; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those, who, not being permitted to reside within the United States, shall refuse or neglect to depart therefrom; and to establish any other regulations which shall be found necessary in the premises and for the public safety..." (Enemies.1)
In other words, the president has the authority to kick people out of the country. If they refuse? Tough luck.