Saturday, July 14, 2012

The Sedition Act

July 14, 1798:
The Sedition Act becomes law in the United States making it a federal crime to write, publish, or utter false or malicious statements about the United States government. The Alien and Sedition Acts were four bills passed in 1798 by the Federalists in the 5th United States Congress in the aftermath of the French Revolution and during an undeclared naval war with Britain and France, later known as the Quasi-War. They were signed into law by President John Adams. Opposition to Federalists among Democratic-Republicans reached new heights at this time since the Democratic-Republicans had supported France. Some even seemed to want an event similar to the French Revolution to come to the United States to overthrow the Federalists. When Democratic-Republicans in some states refused to enforce federal laws, and even threatened possible rebellion, Federalists threatened to send in an army and force them to capitulate. As the paranoia sweeping Europe was bleeding over into the United States, calls for secession reached unparalleled heights, and the fledgling nation seemed ready to rip itself apart. Some of this was seen by Federalists as having been caused by French and French-sympathizing immigrants. The acts were thus meant to guard against this real threat of anarchy. Democratic-Republicans denounced them as being both unconstitutional and designed to stifle criticism of the administration, and as infringing on the right of the states to act in these areas, though they did use them after the 1800 election against Federalists. They became a major political issue in the elections of 1798 and 1800. They were very controversial in their own day, as they remain to the present day. Opposition to them resulted in the Virginia and Kentucky Resolves, authored by Thomas Jefferson and James Madison, which were foundational to the states rights theory.
Four separate laws constituted what is commonly referred to as the "Alien and Sedition Acts"
  1. The Naturalization Act (officially An act supplementary to, and to amend the act to establish a uniform rule of naturalization; and to repeal the act heretofore passed on that subject; ch. 54, 1 Stat. 566) repealed and replaced the Naturalization Act of 1795 to extend the duration of residence required for aliens to become citizens of the United States from five years to fourteen years.
  2. The Alien 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. §§ 2124. At the time, war was considered likely between the U.S. and France.
  4. The Sedition Act (officially An Act in Addition to the Act Entitled "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 certain officials. It was enacted July 14, 1798, with an expiration date of March 3, 1801 (the day before Adams' presidential term was to end).
With all the talk that Obama must be defeated so that America as we know it won't come to an end, you have to wonder when America as we know it actually existed?  You mean back when African-Americans were held as slaves?  Or when African-Americans were barred from voting and were treated as second-class citizens?  Or when Japanese-Americans were interred?  Or when the federal government limited speech critical of the government just 11 years after the Constitution was written, and seven years after the Bill of Rights was ratified?  We sure have an interesting history, and I don't think that the re-election of Barack Obama is going to end the United States as we know it.

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