The Alien and Sedition Acts of 1798
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.
In the beginnings of the United States there was a unity called Federalism. Although legislators had serious differences of opinions, political unity was considered absolutely essential for the stability of the nation; factions. If others were to enter in to this great country they should also become intertwined in our "ways". This opinion is seen in President George Washington's' letter to John Adams. He stated that people coming into our government should be "...Assimilated to our customs, measures and laws.become one people". But he also said "they retain the Language, habits and principle (good or bad) which they bring with them" They could not only keep there religions and other customs; but have a freedom of their pursuit of happiness: first amendment right; something that was violated in the Alien and Sedition Acts. Public perceptions of factions were not related to British excesses and thought to be "the moral diseases under which popular governments have everywhere perished". James Madison wrote in the most popular Federalist Paper number ten where he described his definition of a faction "by a faction, I understand a number of citize...
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...ll was politically motivated became obvious when the House voted to extend the act from its original one year proposed to the expiration of John Adams term, March 3, 1801. The victory of the Republicans, who ran on a platform of anti-sedition, in the election of 1800 showed that Americans were much more interested in personal freedom that what Federalist thought. It is understandable that in time of war some positions need to be taken to assure the countries well being; as seen in later wars when the Japanese were sent to camps in the west coast. But when these acts of concern start to eliminate certain right and freedoms or violate the constitution; they should be abolished. Thankfully, the American people have the Constitution and the Bill Of Rights to bring them back from the edge, and to force those positions in office governing for themselves into accountability.
In 1798, the Alien and Sedition Acts were created under President John Adams due to tensions with France. The Sedition Act made it illegal for anyone to publish anything that could defame or speak badly of the United States government. The Alien and Sedition Acts were repealed after President Adams’ presidential term was over. The Espionage and Sedition Acts, created from 1914 through 1921, made it illegal to cause disloyalty in the military forces and also prohibited any opposition to the government and their decisions in war. These acts were declared unconstitutional. Both were repealed after conflicts died down. The U.S. Patriot Act, created to investigate and protect against terrorism, made it legal for the United States’ government to search the records of citizens without their
Federalist 10 is an article by James Madison and by far is one of the most famous. In the article Madison stressed that the strongest factor in the Constitution is that it establishes a government capable of controlling the violence and damage caused by factions. Factions are a group of individuals who gather together in a union or political party and are against government control. They are sometimes groups called ‘sub-factions’ and they were technically a party within a party. Factions try desperately to advance their agenda, special economic interests, and political opinions. Factions work against the public interest and infringe upon the rights of others. To put an end to factions is inevitable. Madison summed it up best by saying as long as men hold different opinions, have different amounts of wealth, and have different amount of property, they will continue to associate with those similar. In other words, those who had large amounts of money and owned land/property were the typical individuals who would be in factions.
That meant that President Adams’ success would only create more divide in his party and country (Smith 20). Subsequently during the Quasi War, President Adams signed the Alien and Sedition Acts in 1798 (Gevinson). The idea of the acts was to suppress any French sympathizers in America and contain the growth of Republicans (Magill 48). Immigrants mainly became Republicans.
Supporters of the Constitution called themselves Federalists, a name referring to a balance of power between the states and the national government. They argued for a federal system as in the Constitution. James Madison claimed that the Constitution was less dangerous that it looked because the separation of powers protected people from tyrannical abuse. The Federalists compile a group of essays, known as The Federalist Papers. In No. 51, Madison insisted that the division of powers and they system of checks an balances would protect Americans from the tyranny of centralized authority. He wrote that opposite motives among government office holders were good, and was one of the advantages of a big government with different demographics. In No. 10, he said that there was no need to fear factions, for not enough power would be given to the faction forming people; thus, they wouldn't become tyrannical. Hamilton, in No. 84, defended the Constitution with the case that the Constitution can be amended by representatives, who are there to represent the citizens' interests.
He states that the government had too many leaders and not enough followers. That the government administrated by too many people who had a different motive on running the state. In addition, Madison agreed to what Hamilton was saying. Therefore, Madison helped Hamilton settle this dilemma. “It has been seen that delinquencies in the members of the Union are its natural and necessary offspring; and that whenever they happen, the only constitutional remedy is a force, and the immediate effect of the use of it, civil war.” (Hamilton) Hamilton father explains why this would be a problem with government and predicts what might happen if it reaches to that point. “To this reasoning, it may perhaps be objected, that if any State should be disaffected to the authority of the Union, it could at any time obstruct the execution of its laws, and bring the matter to the same issue of force, with the necessity of which the opposite scheme is reproached.” (Hamilton) Both Alexander Hamilton and James Madison wrote the 18th and 19th Federalist paper. The 18th article spoke about contradicting the argument of anti-federalists that proposed a monarchical rule in America. Madison states that if the anti-federalist and federalist do not collaborate on the rule that they established for the people. They would become like the people in Greek history. “Instead of this obvious policy, Athens and Sparta, inflated with the victories and the glory they had acquired, became first rivals and then enemies; and did each other infinitely more mischief than they had suffered from Xerxes.” Demonstrating a jealous view of power and disorganized fashion. “Their mutual jealousies, fears, hatreds, and injuries ended in the celebrated Peloponnesian war; which itself ended in the ruin and slavery of the Athenians who had begun
The Federalist, No.10 explains the nature of factions within the government and how they can harm the implementation of proper policies and
Madison begins perhaps the most famous of the Federalist papers by stating that one of the strongest arguments in favor of the Constitution is the fact that it establishes a government capable of controlling the violence and damage caused by factions. Madison defines that factions are groups of people who gather together to protect and promote their special economic interests and political opinions. Although these factions are at odds with each other, they frequently work against the public interests, and infringe upon the rights of others.
The dangers of faction can somewhat outweigh the good. The framers of the American Constitution feared the power that could possibly come about by organized interest groups. Madison wrote "The public good is disregarded in the conflict of rival factions citizens who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." However, the framers believed that interest groups thrived because of freedom, the same privilege that Americans utilize to express their views. Madison saw direct democracy as a danger to individual rights and advocated a representative democracy to protect individual liberty, and the general public from the effects of such inequality in society. Madison says "A pure democracy can admit no cure for the mischief's of faction. A common passion or interest will be felt by a majority Hence it is, that democracies have ever been found incompatible with personal security or the rights of property; and have, in general, been as short in their lives as they have been violent in their deaths."
Next, Madison explains the reasons why unequal distribution of property leads to factions. Under the liberal society, people can freely practice their own faculties and experiment of life. Because people make decisions based on their reasoning and self-interest, they will focus on what is beneficial to them. When a group of people come together because they have the same interest, it becomes a faction. According to Madison’s writing “By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion or of interest… (Page 63)” He believes the unequal distribution of property will divide people into different group and eventually lead citizens to factions. Moreover, because faction is made by people who hold sim...
Political unrest within the advocating for Nullification virtually declares the United States Constitution nonexistent. To propel, and support secession is radical and creates separate entities trying to coexist amongst each other while avoiding the issue. In the matters of the government, constitutional propriety should be enforced and upheld with the upmost respect. However, when the driving force behind promoting constitutional propriety has a hidden agenda that is repugnant in nature then there is bound to be disputes. The Nullification Crisis was a result of the Tariff of 1828 and the Kentucky and Virginia Resolutions were the result of the Alien and Sedition Acts. The similarities between the Alien and Sedition Acts and the Tariff of 1828, is that both on the surface, seemingly were actions implemented by Congress because of war. These parallel actions also were induced by political parties seizing an opportunity to publically discredit, embarrass, and fluster the opposing party. Much like today, of one political party attempting to dominate Congress, the passing of the Alien and Sedition Acts by the Federalist controlled congress was an attempt to weaken the Jeffersonian Republicans. The passing of the Tariff of 1828 was to economically protect industries in the north, which weaken the southern states. This further aggravated the intensely growing animosity between the Northern and Southern States. Unilaterally, the Tariff of 1828 favored the northern industries and caused the southern states especially South Carolina to pay higher prices on goods that they were unable to produce.
During the construction of the new Constitution, many of the most prominent and experienced political members of America’s society provided a framework on the future of the new country; they had in mind, because of the failures of the Articles of Confederation, a new kind of government where the national or Federal government would be the sovereign power, not the states. Because of the increased power of the national government over the individual states, many Americans feared it would hinder their ability to exercise their individual freedoms. Assuring the people, both Alexander Hamilton and James Madison insisted the new government under the constitution was “an expression of freedom, not its enemy,” declaring “the Constitution made political tyranny almost impossible.” (Foner, pg. 227) The checks and balances introduced under the new and more powerful national government would not allow the tyranny caused by a king under the Parliament system in Britain. They insisted that in order achieve a greater amount of freedom, a national government was needed to avoid the civil unrest during the system under the Articles of Confederation. Claiming that the new national government would be a “perfect balance between liberty and power,” it would avoid the disruption that liberty [civil unrest] and power [king’s abuse of power in England] caused. The “lackluster leadership” of the critics of the new constitution claimed that a large land area such as America could not work for such a diverse nation.
The American Revolution stirred political unity and motivated the need for change in the nation. Because many Americans fought for a more balanced government in the Revolutionary War, they initially created a weak national government that hampered the country's growth and expansion. In the Letter from Abigail Adams to Thomas Jefferson, Mrs. Adams complained about the inadequacy of power that the American government had to regulate domestic affairs. The Articles of Confederation was created to be weak because many had feared a similar governing experience that they had just eliminated with Britain. The alliance of states united the 13 local governments but lacked power to deal with important issues or to regulate diplomatic affairs. Congress did not have the power to tax, regulate trade, or draft people for war. This put the American citizens at stake because States had the power to refuse requests for taxes and troops (Document G). The weakened national government could not do anything about uprisings or small-scale protests because it did not have the power to put together an army. The deficiencies of the confederation government inspired the drafting of the American Constitution. The document itself embodied the principle of a national government prepared to deal with the nation's problems. In James Madison's Federalist Paper, he persuades the American public to adopt the Constitution so that the government can protect humans from their nature and keep them out of conflicts.
Trump's executive orders are similar to the Alien and Sedition Acts. The Alien and Sedition acts were passed during John Adam's presidency in order to prepare for war with France. What the acts did was increase the time required for a person to have stayed in the U.S to obtain citizenship from 5 years to 14 years. It also required the person to tell their intents in the country 5 years prior to getting citizenship. Additionally, the acts prohibited anybody from publishing anything that was deemed scandalous or malicious towards the government, and that the president count deport anyone deemed unsafe to the country. These acts were aimed at making it harder for immigrants to obtain U.S citizenship, much like President Trump is doing with his
In Madison's Federalist 10, it is evident that he was not in favor of the formation of factions. He states, "…The public good is often disregarded in the conflicts of rival parties…" Madison made the point that the dangers of factions can only be limited by controlling its effects. He recognized that in order to abolish political parties from the government completely, liberty would have to be abolished or limited as well. For this reason, the government had to accept political parties, but it did not have to incorporate them into being a major part of the government. He says that the inclination to form factions is inherent, however the parties effectiveness can be regulated. If the party is not majority than it can be controlled by majority vote. Madison believed that in the government established by the Constitution, political parties were to be tolerated and checked by the government, however the parties were never to control the government. Madison was absolutely convinced that parties were unhealthy to the government, but his basic point was to control parties as to prevent them from being dangerous.
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).