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What Is the Proper Balance Between National Security and Individual Rights? Background: Under the threat of war with France in the late 1790s, the U.S. Congress passed a series of laws in 1798 to strengthen the Federal government. President John Adams signed the bill into law. These laws were known as the Alien and Sedition Acts. Some in the government believed that the federal government had to be stronger to face the challenges the country faced. Although some supported these laws, others opposed them, including Thomas Jefferson. Jefferson believed these acts violated, or went against, what the Constitution stated. _____________________________________________________________ Meaning of the Alien and Sedition Act Constitution An Act Concerning Aliens.-June 25, 1798. Bill of Rights, Sixth Amendment It is lawful for the President of the In all criminal prosecutions, the accused United States to order all enemy aliens shall enjoy the right to a speedy and public (Immigrants) he judges dangerous to the peace trial, by an impartial jury of the State….. and safety of the United States, or shall have strong reasons to suspect are plotting against the government, to leave the United States Can we deny people right to a fair trial in order to protect the nation? An Act Respecting Alien Enemies-July 6, Bill of Rights, Fifth Amendment 1798. No person shall be held to answer for any Whenever there shall be a declared war capital, or otherwise infamous crime, between the United States and any foreign unless on a presentment or indictment of a nation, all natives, citizens, or subjects of the Grand Jury. enemy nation who are males of the age of fourteen and upwards within the United States and not actually citizens, shall be likely to be arrested, restrained, secured and removed, as enemies. An Act for the Punishment of Certain Crimes Against the United States-July 14, 1798 If any person writes, prints, states or publishes any false, mean, or nasty writing against the government of the United States, or either house of the Congress of the United States, or the President of the United States, they shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years. Can we arrest people and deny them a fair trial in order to protect the nation ? Bill of Rights, First Amendment Congress shall make no law…. abridging the freedom of speech, or of the press. Can we ban free speech in order to protect the nation? Article I of the U.S. Constitution-powers of the U.S. Congress: “(The U.S. Congress shall have the power) to make all laws which shall be necessary and proper for carrying into effect the protection of our nation…” Virginia and Kentucky Resolution: “The General Assembly of Virginia…..does declare that it views the powers of the federal government, from the Constitution, as limited…..and that in case of a dangerous use of other powers, the states have the right and a duty to step in. They have the right to protest against the alarming violation of the Constitution, in the cases of the ‘Alien and Sedition Acts,’ the first of which exercises a power no where delegated to the federal government. The other of which gives a power not delegated by the constitution, but on the contrary, forbidden by one of the amendments: a power against that right of free communication among the people.” Joseph Hopkinson: “I will say that the greatest evils this country has ever endured have arisen from the ready admission to foreigners to a participation in the government and internal arrangements of the country.” Argument Article I of the Constitution Virginia and Kentucky Resolutions Joseph Hopkinson Main Details