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Sedition acts essay
Freedom of speech in a free society
Freedom of speech in a free society
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The United States of America is governed by the people, and for the people. We elect, we chose, we decide, and we make our voices heard. The government cannot stop any citizen from exercising their rights. The Sedition Act was created to do just that. The government was created to serve the people, but in 1798 the government introduced a statute that would impact free speech about the government. John Nicholas (1799) was quoted saying, “The King is hereditary, and according to the theory of their government, can do no wrong. Public officers are his representatives, and derive some portion of his inviolability. [But in America] the officers of government are the servants of the people, are amenable to them, and liable to be turned out of office
The Alien and Sedition Acts of 1798 exposed bitter controversies between Federalists and Democratic-Republicans. The four bills placed extremely strict regulations on incoming immigrants and prohibited freedom of speech among the people. John Adams and Alexander Hamilton, the most notorious Federalists at the time, reasoned that the Alien and Sedition Acts were a necessity in order to keep America safe. However, disputes arose from this because they were many underlying possible true reasons as to why the acts were put into place. Thomas Jefferson and James Madison, the notorious Democratic-Republicans at the time, disliked what the Federalists stood for and knew that the bills violated the very foundation of basic American rights. The acts
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.
Considered more of a personal vendetta then a legitimate case, the Aaron Burr Treason Trial cultivated how judges and lawmakers defined treason based on the Constitution and what executive power the president has when a part of law case that still hold true in America today.
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.
The U.S. Constitution is the framework of our government that defines its powers and limitations, and it describes the relationship between the citizens of the country and the government at national, state and local levels. The U.S. Constitution defines what government can and cannot do, but it does not, however, regulate the behavior of private citizens. Therefore, only government can violate the individual constitutional rights. The principle that only the federal, state, or local governments can violate constitutional rights is called state action. State action also refers to the indirect state involvement when activity is a public function or when private conduct becomes significantly involved with conduct by the government. State action is the main requirement for determining
Even more complicated than Russia and even more influential in persuading Monroe and Adams that the Monroe Doctrine was necessary was the nation who had the most presence in the New World-- Spain. The Spanish colonies and territorial claims were massive spanning from Florida out to the West coast, including the Oregon territory, down through Central America and spanning almost all of the South American continent. After the wars in Europe ended, the previous King of Spain was replaced by King Ferdinand VII. Though a series of rebellions threatened his hold on the Spanish crown, the Congress of Vienna agreed to aid King Ferdinand in securing his throne and in 1822 the reinstallation of absolute monarchy in Spain was successful (Robertson). This caused concern for Monroe because King Ferdinand was adamant on restoring balance and control in the Spanish colonies (McDougall). There was also concern, as aforementioned, that Russia would intervene to
The king says “That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.” This quote/statement explains that all people have rights including men, all men are created equal, all men are treated the same as any other person. The Declaration of Independence also tells us that the Government also has the job to help people have the truths that they want or want to hear from them. “That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation in such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.” This is stating that the people in America should abolish and alter their rights that they do have, the government that prevents the truths need to
Tyranny riddles many forms of government, such as oligarchy, absolute monarchy, dictatorship, autocracy, and totalitarianism. In May of 1787, delegates to the Constitutional Convention in Philadelphia gathered to create a stronger central government -- while avoiding the tyranny that so many other forms of government had allowed for. James Madison, of one those very same delegates, defined tyranny as “The accumulation of all powers...in the same hands, whether of one, a few, or many...” in Federalist Paper #47. The key to the protection against tyranny in the American Constitution was the way in which power was divided. The Constitution guarded against tyranny by making provisions for federalism, the separation of powers, checks and balances of power, and fairly equal congressional power.
In the past, the U.S. Congress has passed acts in a time of crisis for the safety of our nation. With this information being acknowledged many ask, "If the government had previous powers to do so?" One act that was passed was the Sedition Act of 1798. This law was passed due to a threat of war with the French. This act basically stated that no person should conspire or scheme any plans against the government. This includes conspiracy by mouth, actions, or any other way possible. Even though the Bill of Rights state that the people have the right to freely express themselves through speech, the government revised or revoked that amendment during that particular time. This act became null and void on March 3, 1801 which was stated in Section 4 of the Sedition Act. Another act that was passed through Congress was the Espionage Act of 1918 during World War I. This act says that no one should slander the name of the U.S. government nor the naval forces and the military. It also states that no one should speak, print, or publish anything disloyal or scurrilous concerning the U.S. as a whole during the time of war. These rules are located in Section 3 of the Espionage Act. This goes against the 1st Amendment which allows the freedom of expression through speech and press, but as you can the government still passed the act. The act wasn't repealed until the year of 1921. Two more important cases where the government exemplified their power is in the Supreme Court: Hirabayashi v.
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.
In 1798, when Congress passed both the Alien and Sedition Acts, it was very much constitutional. These acts were definitely in the best interest of America. America was a significantly young nation, at the time, and could not afford to create problems caused by foreigners coming to America. They did not have enough national power to sustain order if everyone was attacking the newly created laws, and many of those rebels being citizens from foreign countries, nevertheless.
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.
After the Revolutionary War in America, many states recommend that free speech be put in the United States Constitution. Nevertheless, freedom of speech was written into the Bill of Rights and was ratified in 1791. A few years after the First Amendment was ratified, the government passed the Sedition Act of 1798. This was to help prevent resistance or rebellion against the government. It also made it illegal to print, write or say “any false, scandalous and malicious” things against the government.
People have their own perspective of a government that they envision for their people. Thomas Jefferson has been the president of the United States and ruled under a monarch. Jefferson couldn’t tolerate the abuse from a monarch, so he rebelled against the British crown. In 1776, Thomas Jefferson wrote The Declaration of Independence, and declared the colonies were free from British rule. Before he became the author of The Declaration of Independence, Jefferson was established “ as an ardent republican and revolutionary” (Jacobus 77). Jacobus states Jefferson is, “one of the most versatile Americans of any generation” (Jacobus 78). In The Declaration of Independence, Jefferson and the founding fathers envisioned a government that would govern the people, and the people would be free. The people must be governed with rights, Jefferson implies it’s the government’s duty to guide and secure the people, therefore, he believes the government’s obligation to the individual is more important than the individuals obligation to the state.
While we have a constitution that lays out our clear cut civil liberties and all the rights we possess, other countries chose to restrict those freedoms. Due to the many advantages the Constitution gives each American citizen, the US has been able to keep this document intact as long as they have while other countries have to constantly restructure their government principles. This stability leads to greater efficiency in our legislative process and a strong sense of national pride. For a nation filled with differences and mixed opinions, the Constitution is a perfect fit. It was written as unbiased as possible to ensure that it was not limiting anyone or anything, instead, giving each citizen the ability to keep their government in check and grant freedom to everyone. During the time the document was written was when the Colonist knew exactly what it felt like to live in a world of oppression and unjust government. As a result, Madison and the other leaders at the time made it a goal to put the power in the hands of the people and make freedom an utmost priority. With an Unbiased approach to government that gives no advantage to one group or another, and with amendments that only help citizens take control, the Constitution is what the early colonist left Europe and died