Alien and Sedition Acts of 1798

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Suzy Park

APUSH/A

May 6, 2009

Alien and Sedition Acts of 1798

        In the New Nation under the new Constitution, the Alien and Sedition Acts of 1798 were adopted by the Federalists. The Alien Law prevented immigrants from becoming a citizen until they had lived in the United States for 14 years. Two other such laws were passed later, authorizing the president to deport any aliens considered dangerous and to detain any enemy aliens in time of war. The Sedition Act made it illegal for newspapers editors to criticize either the president or Congress and imposed heavy penalties for editors who violated the law. The debate over the Alien and Sedition Acts revealed bitter controversies on a number of issues, most notably the issue of nullification, and the hostile reaction toward foreigners, especially the French.

        One of the bitterest controversies that arose due to the debate over the Alien and Sedition Acts was the nullification issue, which included disputes between the states rights supporters and the strong central government supporters. This issue developed because the Republicans believed that the Alien and Sedition Acts violated rights guaranteed by the Bill of Rights, including the freedom of speech and freedom of press. However, the process of deciding on the constitutionality of federal laws was as yet undefined and thus, Thomas Jefferson and James Madison decided that the state legislatures should have that power. They drew up the Kentucky and Virginia Resolutions, which stated that the Constitution was a compact between the states and the central government and that when the central government violates the contract, the states have the right to judge the constitutionality of the laws being passed. The Kentucky Resolution also stated that the state was able to declare a law null and void. Their main purpose was to overthrow the influence and popularity of the Federalist Party by the 1800 elections. The two resolutions were examples of extreme anti-Federalism and support of states’ rights, which naturally led to the increased tension between states rights advocates and strong central government advocates.

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The issue of legislation review power, which was based on the differing views of states rights supporters and strong central government supporters, was partially resolved later during the Supreme Court case of Marbury v. Madison, in 1803, when John Marshall established the power of judicial review. This allowed the Supreme Court to decide whether or not a certain federal law was constitutional. Although only two states adopted the Kentucky and Virginia Resolutions, they set forth an argument and rationale that would be widely used in the nullification controversy of the 1830s.

        The nullification controversy of the 1830s was led ...

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