The Alien and Sedition Acts were a set of four laws enacted in 1798 that applied restrictions to immigration and speech in the United States. [a] The Naturalization Act of 1798 increased the requirements to seek citizenship, the Alien Friends Act of 1798 allowed the president to imprison and deport non-citizens, the Alien Enemies Act of 1798 gave the president additional powers to detain non-citizens during times of war, and the Sedition Act of 1798 criminalized false and malicious statements about the federal government. The Alien Friends Act and the Sedition Act expired after a set number of years, and the Naturalization Act was repealed in 1802. The Alien Enemies Act, as amended, is still in effect as 50 U.S.C. ch. 3.
The Alien and Sedition Acts were passed by a Congress controlled by the Federalist Party, and they were directed against the other party at the time, against Democratic-Republicans, the party typically favored by new citizens. Only Democratic-Republican journalists were prosecuted by these laws. Publicity from Sedition Act trials caused massive criticism and contributed to the Federalists being removed from power in the 1800 election. [1]
The Acts were supported by the Federalist Party, and supporters argued that the bills strengthened national security during the Quasi-War, an undeclared naval war with France from 1798 to 1800. The acts were denounced by Democratic-Republicans as suppression of voters and violation of free speech under the First Amendment. While they were in effect, the Alien and Sedition Acts, and the Sedition Act in particular, were used to suppress publishers affiliated with the Democratic-Republicans, and several publishers were arrested for criticism of the Adams administration. The Democratic-Republicans took power in 1800 because of backlash to the Alien and Sedition Acts, and all but the Alien Enemies Act were eliminated by the next Congress. The Alien Enemies Act has been invoked several times since, particularly during World War II by President Roosevelt. These laws were used to imprison over tens of thousands of noncitizens of German, Italian, and Japanese descent, all known as "Enemy Aliens." [2]
The Alien and Sedition Acts are generally received negatively by modern historians. The U.S. Supreme Court beginning in the mid-20th century has indicated that aspects of the laws would likely be found unconstitutional. Recently, the Alien Enemies Act was mentioned by President-elect Donald Trump during a campaign rally held at Madison Square Garden for the 2024 presidential election, claiming that he would use them to remove illegal immigrants operating within gangs and criminal networks on "day one" if he were to win the presidency by invoking the acts. [3] [4] [5] After being sworn in as President on January 20, 2025, he mentioned it again during his inaugural address.
Long title | An Act concerning Aliens |
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Enacted by | the 5th United States Congress |
Citations | |
Public law | Pub. L. 5–58 |
Statutes at Large | 1 Stat. 570 |
Legislative history | |
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The Alien Friends Act (officially "An Act Concerning Aliens") authorized the president to arbitrarily deport any non-citizen that was determined to be "dangerous to the peace and safety of the United States." [6] Once a non-citizen was determined to be dangerous, or was suspected of conspiring against the government, the president had the power to set a reasonable amount of time for departure, and remaining after the time limit could result to up to three years in prison. The law was never directly enforced, but it was often used in conjunction with the Sedition Act to suppress criticism of the Adams administration. Upon enactment, the Alien Friends Act was authorized for two years, and it was allowed to expire at the end of this period. Democratic-Republicans opposed the law, with Thomas Jefferson referring to it as "a most detestable thing... worthy of the 8th or 9th century." [7] : 249
While the law was not directly enforced, it resulted in the voluntary departure of foreigners who feared that they would be charged under the act. The Adams administration encouraged these departures, and Secretary of State Timothy Pickering would ensure that the ships were granted passage. Though Adams did not delegate the final decision-making power, Secretary Pickering was responsible for overseeing enforcement of the Alien Friends Act. Both Adams and Pickering considered the law too weak to be effective; Pickering expressed his desire for the law to require sureties and authorize detainment prior to deportation. [8]
Many French nationals were considered for deportation but were allowed to leave willingly, or Adams declined to take action against them. These figures included: philosopher Constantin François de Chassebœuf, comte de Volney, General Victor Collot, scholar Médéric Louis Élie Moreau de Saint-Méry, diplomat Victor Marie du Pont, journalist William Duane, scientist Joseph Priestley, and journalist William Cobbett. Secretary Pickering also proposed applying the act against the French diplomatic delegation to the United States, but Adams refused. Journalist John Daly Burk agreed to leave under the act informally to avoid being tried for sedition, but he went into hiding in Virginia until the act's expiration. [8]
Long title | An Act respecting Alien Enemies |
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Enacted by | the 5th United States Congress |
Citations | |
Statutes at Large | 1 Stat. 577 |
Codification | |
U.S.C. sections created | 50 U.S.C. ch. 3 |
Legislative history | |
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The Alien Enemies Act (officially "An Act Respecting Alien Enemies") was passed to supplement the Alien Friends Act, granting the government additional powers to regulate non-citizens that would take effect in times of war. [8] [9] Under this law, the president could authorize the arrest, relocation, or deportation of any male over the age of 14 who hailed from a foreign enemy country. [10] It also provided some legal protections for those subject to the law. [11] Unlike the other acts, this act was largely unopposed by the Democratic-Republicans. [7] : 249
The Alien Enemies Act was not allowed to expire with the other Alien and Sedition Acts, and it remains in effect as Chapter 3, Sections 21–24 of Title 50 of the United States Code. [12] President James Madison invoked the act against British nationals during the War of 1812. [13] President Woodrow Wilson invoked the act against nationals of the Central Powers during World War I. In 1918, an amendment to the act struck the provision restricting the law to males. [14]
On December 7, 1941, in response to the bombing of Pearl Harbor, President Franklin D. Roosevelt used the authority of the revised Alien Enemies Act to issue presidential proclamations #2525 (Alien Enemies – Japanese), #2526 (Alien Enemies – German), and #2527 (Alien Enemies – Italian), to apprehend, restrain, secure, and remove Japanese, German, and Italian non-citizens. [15] Roosevelt later cited further wartime powers to issue Executive Order 9066, which interned Japanese Americans using powers unrelated to the Alien Enemies Act. [16] [17] Hostilities with Germany and Italy ended in May 1945, and President Harry S. Truman issued presidential proclamation #2655 on July 14. The proclamation gave the attorney general authority regarding enemy aliens within the continental United States, to decide whether they are "dangerous to the public peace and safety of the United States," to order them removed, and to create regulations governing their removal, citing the Alien Enemies Act. [18] On September 8, 1945, Truman issued presidential proclamation #2662, which authorized the secretary of state to remove enemy aliens that had been sent to the United States from Latin American countries. [19] On April 10, 1946, Truman issued presidential proclamation #2685, which modified the previous proclamation, and set a 30-day deadline for removal. [20]
In Ludecke v. Watkins (1948), the Supreme Court interpreted the time of release under the Alien Enemies Act. [21] German alien Kurt G. W. Lüdecke was detained on December 8, 1941, under Proclamation 2526, and continued to be held after cessation of hostilities. [22] In 1947, Ludecke petitioned for a writ of habeas corpus to order his release, after the Attorney General ordered him deported. The court ruled 5–4 to release Ludecke but also found that the Alien Enemies Act allowed for detainment beyond the time hostilities ceased until an actual treaty was signed with the hostile nation or government. [23]
On September 20, 2024, current president Donald Trump announced that if elected president for a second term he would invoke the Alien Enemies Act of 1798 to expedite the removal of non citizens and criminal networks operating in the United States. [24]
The Naturalization Act increased the residency requirement for American citizenship from five to 14 years and increased the notice time from three to five years. At the time, the majority of immigrants supported Thomas Jefferson and the Democratic-Republicans—the political opponents of the Federalists. [25] It did not have an expiration date, but it was repealed by the Naturalization Law of 1802.
Long title | An Act in addition to the act, entitled “An act for the punishment of certain crimes against the United Stales” |
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Enacted by | the 5th United States Congress |
Citations | |
Public law | Pub. L. 5–74 |
Statutes at Large | 1 Stat. 596 |
Legislative history | |
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The Federalist-controlled Congress passed the Sedition Act by a vote of 44 to 41. [26] The Sedition Act made it illegal to make false or malicious statements about the federal government. [27] The act was used to suppress speech critical of the Adams administration, including the prosecution and conviction of many Jeffersonian newspaper owners who disagreed with the Federalist Party. [28] The Sedition Act did not extend enforcement to speech about the Vice President, as then-incumbent Thomas Jefferson was a political opponent of the Federalist-controlled Congress. The Sedition Act was allowed to expire in 1800, and its enactment is credited with helping Jefferson win the presidential election that year. [29] [30]
Prominent prosecutions under the Sedition Act included:
The Alien and Sedition Acts were passed by Congress while it was controlled by the Federalist Party in 1798. [25] Members of the Federalist Party grew increasingly distrustful of the opposing Democratic-Republican Party with the latter's support of France in the midst of the French Revolution. Some appeared to desire a similar revolution in the United States to overthrow the government and social structure. [40] Newspapers sympathizing with each side exacerbated the tensions by accusing the other side's leaders of corruption, incompetence, and treason. [41] The spreading unrest in Europe and calls for secession in the United States appeared to threaten the newly formed American republic. [42] Some of this agitation was seen by Federalists as having been caused by French and French-sympathizing immigrants. [42] The Alien and Sedition Acts were opposed for different reasons, including the prevention of potential unrest by targeting immigrants, restriction of speech that may induce crime, reduction of partisan divides by penalizing expressly partisan speech, and suppression of political opponents of the Federalists. [29]
The Acts were highly controversial at the time, especially the Sedition Act. The Sedition Act, which was signed into law by Adams on July 14, 1798, [43] was hotly debated in the Federalist-controlled Congress and passed only after multiple amendments softening its terms, such as enabling defendants to argue in their defense that their statements had been true. Still, it passed the House only after three votes and another amendment causing it to automatically expire in March 1801. [41] They continued to be loudly protested and were a major political issue in the election of 1800. Opposition to them resulted in the also-controversial Virginia and Kentucky Resolutions, authored by James Madison and Thomas Jefferson. Upon assuming the presidency, Thomas Jefferson pardoned those still serving sentences under the Sedition Act, [31] : 231 and Congress soon repaid their fines. [44]
After the passage of the highly unpopular Alien and Sedition Acts, protests occurred across the country, [45] with some of the largest being seen in Kentucky, where the crowds were so large they filled the streets and the entire town square of Lexington. [46] Critics argued that they were primarily an attempt to suppress voters who disagreed with the Federalist party and its teachings, and violated the right of freedom of speech in the First Amendment to the U.S. Constitution. [47] They also raised concerns that the Alien and Sedition acts gave disproportionate power to the federal executive compared to state governments and other branches of the federal government. [30] Noting the outrage among the populace, the Democratic-Republicans made the Alien and Sedition Acts an important issue in the 1800 presidential election campaign. While government authorities prepared lists of aliens for deportation, many aliens fled the country during the debate over the Alien and Sedition Acts, and Adams never signed a deportation order. [31] : 187–193
The Virginia and Kentucky state legislatures also passed the Kentucky and Virginia Resolutions, secretly authored by Thomas Jefferson and James Madison, denouncing the federal legislation. [48] [49] [50] While the eventual resolutions followed Madison in advocating "interposition", Jefferson's initial draft would have nullified the Acts and even threatened secession. [b] [ original research? ] Jefferson's biographer Dumas Malone argued that this might have gotten Jefferson impeached for treason, had his actions become known at the time. [52] In writing the Kentucky Resolutions, Jefferson warned that, "unless arrested at the threshold", the Alien and Sedition Acts would "necessarily drive these states into revolution and blood". [53]
The Alien and Sedition Acts were never appealed to the Supreme Court, whose power of judicial review was not established until Marbury v. Madison in 1803. Subsequent mentions in Supreme Court opinions beginning in the mid-20th century have assumed that the Sedition Act would today be found unconstitutional. [c] Most modern historians view the Alien and Sedition Acts in a negative light, considering them to have been a mistake. [29] [55]
In his second inaugural address on January 20, 2025, President Donald Trump stated that he would reinstate the Alien Enemies Act. This statement was likely referring to the deportation clause of the act.
The Kentucky and Virginia Resolutions were political statements drafted in 1798 and 1799 in which the Kentucky and Virginia legislatures took the position that the federal Alien and Sedition Acts were unconstitutional. The resolutions argued that the states had the right and the duty to declare unconstitutional those acts of Congress that the Constitution did not authorize. In doing so, they argued for states' rights and strict construction of the Constitution. The Kentucky and Virginia Resolutions of 1798 were written secretly by Vice President Thomas Jefferson and James Madison, respectively.
The Republican Party, known retrospectively as the Democratic-Republican Party, was an American political party founded by Thomas Jefferson and James Madison in the early 1790s. It championed liberalism, republicanism, individual liberty, equal rights, separation of church and state, freedom of religion, anti-clericalism, emancipation of religious minorities, decentralization, free markets, free trade, and agrarianism. In foreign policy, it was hostile to Great Britain and in sympathy with the French Revolution and Napoleonic wars. The party became increasingly dominant after the 1800 elections as the opposing Federalist Party collapsed.
The Federalist Party was a conservative and nationalist American political party and the first political party in the United States. It dominated the national government under Alexander Hamilton from 1789 to 1801. The party was defeated by the Democratic-Republican Party in 1800, and it became a minority party while keeping its stronghold in New England. It made a brief resurgence by opposing the War of 1812, then collapsed with its last presidential candidate in 1816. Remnants lasted for a few years afterwards.
Presidential elections were held in the United States from October 31 to December 3, 1800. In what is sometimes called the "Revolution of 1800", the Democratic-Republican Party candidate, Vice President Thomas Jefferson, defeated the Federalist Party candidate and incumbent, President John Adams. The election was a political realignment that ushered in a generation of Democratic-Republican leadership. This was the first presidential election in American history to be a rematch. It was also the first election in American history where an incumbent president did not win re-election.
The 5th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met at Congress Hall in Philadelphia, Pennsylvania, from March 4, 1797, to March 4, 1799, during the first two years of John Adams' presidency. In the context of the Quasi-War with France, the Alien and Sedition Acts were passed by Congress. The Acts were overwhelmingly supported by the Federalists and mostly opposed by the Democratic-Republicans. Some Democratic-Republicans, such as Timothy Bloodworth, said they would support formally going to war against France but they opposed the Alien and Sedition Acts which Bloodworth and others believed were unconstitutional.
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The history of the United States from 1789 to 1815 was marked by the nascent years of the American Republic under the new U.S. Constitution.
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The Naturalization Act of 1798 was a law passed by the United States Congress, to amend the residency and notice periods of the previous Naturalization Act of 1795. It increased the period necessary for aliens to become naturalized citizens in the United States from 5 to 14 years and the Declaration of Intention from 3 to 5 years.
The Midnight Judges Act expanded the federal judiciary of the United States. The act was supported by the John Adams administration and the Federalist Party. Passage of the act has been described as "the last major policy achievement of the Federalists."
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David Brown was convicted of sedition because of his criticism of the United States federal government and received the harshest sentence for anyone under the Sedition Act of 1798 for erecting the Dedham Liberty Pole.
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The Report of 1800 was a resolution drafted by James Madison arguing for the sovereignty of the individual states under the United States Constitution and against the Alien and Sedition Acts. Adopted by the Virginia General Assembly in January 1800, the Report amends arguments from the 1798 Virginia Resolutions and attempts to resolve contemporary criticisms against the Resolutions. The Report was the last important explication of the Constitution produced before the 1817 Bonus Bill veto message by Madison, who has come to be regarded as the "Father of the Constitution."
The 1801 New York gubernatorial election was held in April 1801 to elect the Governor of New York. Former Governor George Clinton returned to office, defeating Federalist Stephen Van Rensselaer.
The Federalist Era in American history ran from 1788 to 1800, a time when the Federalist Party and its predecessors were dominant in American politics. During this period, Federalists generally controlled Congress and enjoyed the support of President George Washington and President John Adams. The era saw the creation of a new, stronger federal government under the United States Constitution, a deepening of support for nationalism, and diminished fears of tyranny by a central government. The era began with the ratification of the United States Constitution and ended with the Democratic-Republican Party's victory in the 1800 elections.
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The presidency of John Adams began on March 4, 1797, when John Adams was inaugurated the 2nd president of the United States and ended on March 4, 1801.
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