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comoncents
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7/12/2010 8:41:14 AM
Posted: 6 years ago
http://en.wikipedia.org...

Acts

1. The Naturalization Act - extended the duration of residence required for aliens to become citizens to 14 years. Enacted June 18, 1798, with no expiration date, it was repealed in 1802.

2. The Alien Friends Act (officially An Act Concerning Aliens; ch. 58, 1 Stat. 570) authorized the president to deport any resident alien considered "dangerous to the peace and safety of the United States." It was activated June 25, 1798, with a two year expiration date.

3. The Alien Enemies Act (officially An Act Respecting Alien Enemies; ch. 66, 1 Stat. 577) authorized the president to apprehend and deport resident aliens if their home countries were at war with the United States of America. Enacted July 6, 1798, and providing no sunset provision, the act remains intact today as 50 U.S.C. § 21–24. At the time, war was considered likely between the U.S. and France.

4. The Sedition Act (officially An Act for the Punishment of Certain Crimes against the United States; ch. 74, 1 Stat. 596) made it a crime to publish "false, scandalous, and malicious writing" against the government or its officials. It was enacted July 14, 1798, with an expiration date of March 3, 1801 (the day before Adams' presidential term was to end).

Constitutionality

While Jefferson denounced the Sedition Act as invalid and a violation of the First Amendment of the United States Bill of Rights, which protected the right of free speech, his main argument on its unconstitutionality was that it violated the Tenth Amendment:[citation needed] "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Jefferson more strongly argued the Federal Government had overstepped its limits in the Alien and Sedition Acts by attempting to exercise unjust powers. Virginia and Kentucky passed resolutions openly denouncing the acts; Federalist-dominated state legislatures rejected Jefferson's position through resolutions either supporting the Acts or denying the ability of Virginia and Kentucky to circumvent them.[1]
The judicial redress for unconstitutional legislation under the doctrine of judicial review was not established until Marbury v. Madison in 1803. The Supreme Court in 1798 was composed entirely of Federalists, all appointed by Washington. Many of them, particularly Associate Justice Samuel Chase, were openly hostile to the Federalists' opponents. The Alien and Sedition Acts were not appealed to the Supreme Court for review, although individual Supreme Court Justices, sitting in circuit, heard many of the cases prosecuting opponents of the Federalists.
To address the constitutionality of the measures, Thomas Jefferson and James Madison sought to unseat the Federalists, appealing to the people to remedy the constitutional violation, and drafted the Kentucky and Virginia Resolutions, which called on the states to nullify the federal legislation. The Kentucky and Virginia Resolutions reflect the Compact Theory, which holds that the United States is made up of a voluntary union of states that agree to cede some of their authority in order to join the union, but that the states do not, ultimately, surrender their sovereign rights. Therefore, under the Compact Theory, states can determine if the federal government has violated its agreements, including the Constitution, and nullify such violations or even withdraw from the union. Variations of this theory were also argued at the Hartford Convention at the time of the War of 1812, and by the southern states just before the American Civil War.
The Sedition Act expired on March 3, 1801, coinciding with the end of the Adams administration. While this prevented its constitutionality from being directly decided by the Supreme Court, subsequent mentions of the Sedition Act in Supreme Court opinions have assumed that it would be ruled unconstitutional if ever tested in court. For example, in the seminal free speech case of New York Times Co. v. Sullivan, the Court declared, "Although the Sedition Act was never tested in this Court, the attack upon its validity has carried the day in the court of history." 376 U.S. 254, 276 (1964). In a concurring opinion in Watts v. United States, which involved an alleged threat against President Lyndon Johnson, William O. Douglas noted, "The Alien and Sedition Laws constituted one of our sorriest chapters; and I had thought we had done with them forever ... Suppression of speech as an effective police measure is an old, old device, outlawed by our Constitution."[2]
comoncents
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7/12/2010 8:44:11 AM
Posted: 6 years ago
mostly this one...

The Alien Friends Act (officially An Act Concerning Aliens; ch. 58, 1 Stat. 570) authorized the president to deport any resident alien considered "dangerous to the peace and safety of the United States." It was activated June 25, 1798, with a two year expiration date.