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Censorship and free speech
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My stance on the Alien and Sedition Acts I believe that these acts had revealed bitter consequences that had developed since the writing of the Constitution. The writers knew that over time it will change, but not specifically delegating powers to specific organizations; whether it is federal, state, or with the people. It had involuntarily created a major problem within the following years. Overall, the nation and government was very inexperienced, and did not know what to expect with the future. These acts had ultimately contradicted the U.S. Constitution and opened the underlying issue that was happening. These acts were designed by the federalists to limit the power of the opposition with the Republican Party, and passed by Congress. They …show more content…
felt that they did not have enough nation power to sustain order if everyone was attacking the new laws. The Alien and Sedition Acts were in preparation for an anticipated war with France.
This directed against sympathizers of the French revolution. It overall had made it difficult for immigrants to gain citizenship by 1802. The Naturalization Act had extended the residence requirement for U.S. citizenship from five to fourteen years. The Alien Friends Act had allowed the president to expel all immigrants whom he thought were “Dangerous to the peace and safety of the United States”. This also included the Alien Enemies act to give new powers to deport foreigners as well as making it harder for new immigrants to vote in time of “declared war”. Then there is The Sedition Act, which made it illegal to publish or even utter any false, scandalous, and malicious criticism towards high governmental officials and decisions. In my opinion, though they may appear defensible, they were completely unprincipled. The controversy from these new laws had permitted strong government control over individual actions. The Sedition Act had prohibited the criticism of the government. It mainly voided censure and ultimately stopped people from speaking out on what they disagree about the government. Overall, Under the terms of this law, Republican newspaper editors were arrested and some ultimately imprisoned. It violated the individual
protections under the first amendment of the Constitution. This was a clear violation on the right of freedom of speech and the press. These Alien Acts also laid out several harsh restrictions on foreigners. They could be deported or expelled out of the country with no reason what so ever, or if they are deemed dangerous without any actual proof to back it up. Though the government sought it out as a response to the hostile actions of the French Revolutionary government and in the councils of diplomacy, this destroyed Thomas Jefferson’s Republican party, which had openly expressed sympathies for the French Revolutionists. In conclusion, these acts had brought out severe reaction, and in due course had contradicted the first amendment completely. Fortunately, Thomas Jefferson and James Madison had agreed that this was an outrage. The enforcement had ended after Thomas Jefferson was elected in 1800. In the end, once Thomas Jefferson had become president he decided to allow them to expire. In my opinion, I feel that these Acts were not practical towards both U.S. Citizens or Foreigners. It questioned the concept of freedom of speech and overall the Press.
Throughout the course of time the elastic clause and the commerce clause has been utilized in court cases and arguments. With time the clauses have changed the fit into the change of society. As represented by various court cases. A variation of interpretations has been drawn out within the time frame of its establishment. A loose and strict interpretation has been implemented in the constitution depending on point of views. Although, the interpretation of the constitution is strictly restricted to the Judicial Branch as concluded in the court case Marbury Versus Madison. The elastic clause is known as congress has the power to do what is “Necessary and Proper”. In contrast, commerce clause is, often, limited with concerning trading issues. Thus concluding, the Elastic Clause has more power rather than the Commerce clause.
With these different balances to control the powers throughout the new government, the problem of tyranny wasn’t as such of a problem as it was when the Articles of Confederation were in place. The states were now represented justly, the national and state levels of government fairly empowered, and the three branches within the national government were balanced. Even the three branches within balanced each other out, so one wouldn’t become too under or over powered. The new government created by the Constitution was a good answer to protect against
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.
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
In 1918, while the rest of Europe was still engaged in World War I, a newly formed communist government was developing in Russia. Much like 18th century Americans, they had just managed to overthrow what was viewed as a tyrannical government and hoped to form a new nation free of the injustices of the previous rule. Both countries wrote a new constitution as well as a declaration of rights to facilitate this, but their respective documents had vast differences. These disparities stemmed from differences in the ideologies of the new governments. The primary objectives of the Russian Declaration of Rights of the Working and Exploited People and the later constitution were the “abolition of all exploitation of man by man, complete elimination of the division of society into classes, merciless suppression of the exploiters, socialist organization of society, and victory of socialism in all countries.” Americans wanted equality of opportunity and personal freedom instead of the social equality desired by the Russians. The American constitution and Bill of Rights were created to protect personal liberties and individual freedom while the Russians were more concerned with the welfare and equality of the population as a whole. This difference is partially due to the differences in the conditions leading to revolution in each country. The American Revolution was initiated by the wealthy in response to what they considered unfair treatment by a foreign ruler while the Russian revolution was instigated by the poor in reaction to centuries of oppression and exploitation by the wealthy within their own country.
Espionage Act of 1917 and Sedition Act (Amendment) of 1918. On April 2nd 1917, President Woodrow Wilson of the United States of America,? went before Congress and called for a declaration of war. Both the House and the Senate voted overwhelmingly in favor of going to war with Germany. This was an act that led to much resistance among the American people.
...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.
...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.
When congress reconvened in December of 1865, they refused to accept the delegations from southern states. The radical republicans in congress designed a serious of acts known as the reconstruction acts to implement their program in the south. These acts included the Freedman’s Bureau that helped the free slaves adjust to a free society. Also, the Civil Rights Act, which guaranteed blacks both the right to vote and the right to hold property. President Johnson vetoed all the reconstruction acts of congress and congress under the domination of the radical republicans overrode his vetoes. This gridlock between the presidential power and congressional power set the stage for an impeachment in 1868.
The United States Constitution and The Declaration of Independence are two of America 's most famous documents and most cherished symbols of liberty, however they are very different in their intents and themes, although both together laid the foundation for our independence as a nation. The Declaration of Independence proclaims the United States of America a free and independent nation that would no longer be under British Rule. The Constitution is the basis of the U.S. government. It can be rightly stated that the Declaration of Independence and the Constitution are best friends necessary in support for each other. There are two proofs necessary to make this argument: the first being, the Declaration requires limited, constitutional union
The Articles of Confederation was the first government of the United States. The Articles had created a very weak national government. At the time the Articles were approved, they had served the will of the people. Americans had just fought a war to get freedom from a great national authority--King George III (Patterson 34). But after this government was put to use, it was evident that it was not going to keep peace between the states. The conflicts got so frequent and malicious that George Washington wondered if the “United” States should be called a Union (Patterson 35). Shays’ Rebellion finally made it evident to the public that the government needed a change.
The debate over the Alien and Sedition Acts of 1798 revealed bitter controversies on a number of issues that had been developing since the penning of the Constitution. The writers of the document knew that over time the needs of the nation and its people would change, and therefore provided for its amendment. But by not expressly delegating powers to specific organizations, whether the federal government, state governments, or the people themselves, they inadvertently created a major problem in the years to follow: Constitutional interpretation.Shortly after the Constitution's ratification, two distinct camps formed, each believing in opposite manners of interpretation. One group, the Federalists, led by the newly appointed Secretary of the Treasury, Alexander Hamilton, thought that the Constitution should be interpreted very loosely. He claimed that the Constitution contained powers other than those delegated or enumerated. These unspecified powers were implied powers.
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).
During World War I, congress would authorize two controversial pieces of legislation: the Espionage Act of 1917 and the Sedition act of 1918. The Espionage Act was ratified in order to “suppress the spread of alleged disloyalty and to maintain the public image of remarkable national unity behind the war effort” (James and Wells, 71). The act inhibited the freedom of speech and freedom of the press, and some of which seems the antithesis of the First Amendment of the Constitution. Most of the Espionage Act would be in effect only during times of war, but two of the provisions stayed in effect during times of peace.
One person was convicted under the act for ridiculous pomp, foolish adulation, and selfish avarice. ”2 This was never challenged by the Democratic-Republicans because of the Federalist-dominated the court rule. The act eventually ended the Federalists in 1800 an... ... middle of paper ... .... Or is it?