Oliver Wendell Holmes once wrote, “The most stringent protection of free speech would not protect a man in falsly shouting in a theatre and causing panic.” Similarly, the Supreme Court’s ruling to arrest Schenck was wrong, and a U.S. citizen should be allowed to protest a war or draft in times of war. Specifically, the Espionage Act violated the first Amendment, Charles Schenck, whom was arrested after violating the Act, was indicting no violence, and the Act violated the 13th Amendment.
During WWI, the American government issued the Espionage and Sedition Acts in 1917. These limited the power of the people and were very controversial. Similarly, the Executive Order 9066 that Roosevelt issued in 1942 proclaimed military zones that took away rights. In contrast, the
Since the Espionage Act didn’t allow people to say otherwise, “the Espionage Act prohibited individuals from expressing or publishing opinions that would interfere with the U.S. military’s efforts to defeat Germany and its allies.” (immigrationtounitedstates.org ) The sedition act followed this by making “the language of the Espionage Act more specific by making it illegal to use disloyal, profane, or abusive language to criticize the U.S. Constitution, the government, the military, the flag, or the uniform.” (immigrationtounitedstates.org) Therefore making it extremely difficult to even try to oppose it and
This historical study will define the unconstitutional and excessive abuse of executive powers of president Lincoln’s civil war administration. The illegal detainment of anti-Union proponents and the suspension of Habeas Corpus define one example of an unconstitutional abuse of presidential powers under Lincoln. Constitutional legal precedent illustrates the illegality of suspending Habeas Corpus, the Union naval blockade, and the Emancipation proclamation through the executive branch. Locke’s “prerogative” for exceptional circumstances during a time war cannot apply to the concept of a checks and balances in government, which Lincoln violated through singular acts of power to make war with seceding states. The dangerous precedent of declaring
The Alien and Sedition Acts were a series of laws that were passed in 1798 by the Federalist Congress and then were signed into law by President John Adams. These laws made it harder for immigrants to vote and also included powers that were new to deport foreigners. Before this law was passed, an immigrant had to live in the United States for 5 years before being able to vote, but the law changed it from 5 years to 14 years. The Federalists saw as a threat to American security. One Federalist said that there was “no need to invite hordes of Wild Irishmen, nor the turbulent and disorderly of all the world, to come here with a basic view to distract our tranquility,” even though the non-English people have been supporters of the Democratic-Republicans
In conclusion both the Federalist and the Democratic Republicans had strong options about the Alien and Sedition Acts, most of which were different in relation to what was constitutionally right or wrong. John Adams truly tried to do something proper regarding the acts but it sadly backfired when he discovered the citizens of the United States enjoyed their personal freedom. Although I would have managed the Sedition Acts differently I believe this event contributed greatly into the shaping of our government since it was still pretty clear that our Founding Fathers had no idea how to run a nation. This event only lead to the discovery of political parties and the truth about personal opinions regarding the community members of this society.
3) What are the differences between the XYZ Affair, Quasi-War, Alien, and the Sedition Act?
The Compromise set into motion with the Fugitive Slave Law, a sad thing that happened to both free and slave African Americans, and their abolitionist allies. In Boston especially the free Black community was tested in ways that it had not been tested before, a test that, once it was passed, would shock Black Bostonians into fighting for their freedom. The Americans wanted to resolve the conflict over the spread of slavery developing into the western territories. As early as 1643, colonists had recognized a need for the regulation of fugitive slaves. After the Revolutionary war, Congress passed the Fugitive Slave Law of 1793.
As the American identity was being formed; this aversion for being searched, and having their houses searched without reason, just because they held a different opinion, was clearly etched in the minds of our forebearers. As they stated in the declaration
The Fugitive Slave Act was passed by U.S. Congress on September 18, 1850, as part of the Compromise of 1850 between Southern slave-holders and Northern free-soilers (people who worked to prevent slavery in the western territories). It was a law requiring that all escaped slaves be returned to their masters, upon capture. This included citizens of free states, who were expected to cooperate in this law. This law also imposed penalties on anyone who aided the escape of runaway slaves. By 1787, many Northern states had abolished slavery; this included Vermont, New Hampshire, Rhode Island, Massachusetts, and Connecticut.
During the Civil War, William Mason Grosvenor had commanded the first unit of blacks soldiers to battle for the North. From a firsthand reconstruction perspective, he saw the state and local governments being lenient towards accepting incoming state governments, such as Louisiana, that made little change in the political and economic status of blacks after the abolition of slavery. He also issued the abeyance theory of reconstruction. According to Grosvenor, the North should enforced their laws onto the South where punishing treason would straighten the “rebels” from being destructive to America and if the Confederates states continues to follow their constitution then America wouldn’t bind into one whole nation. Rebels treason because they feel hopeless.
Tension between the king and Parliament was rising in England during the 1600s, leading to revolution after revolution, as Parliament tried to limit the ruling monarch’s power. The roots of the idea of Constitutionalism can be traced back to when Parliament first drafted the Petition of Rights, and soon after the English Bill of Rights, starting a Constitutional Monarchy in Britain. This document later influences the Founding Fathers when they were writing the American Bill of Rights, and as such the two have many similarities and differences. By comparing the two, one can ascertain the ideal American citizen in contrast to the ideal English citizen. Both the English Bill of Rights and the American Bill of Rights sought to protect individual
Scholars have tried to determine what the framers of the U.S. Constitution meant by writing the First Amendment. The press is constantly fights against restrictions from the federal government, prior restraints, censorship, accusations of libel, privacy, and the right of access. The federal government has tried to restrict the press’ access to information: the Alien and Sedition Laws of 1798, the Espionage Act of 1918, the Smith Act of 1940, and the Cold War congressional investigations. The Alien and Sedition Laws made it illegal to write anything scandalous against any government entity. The law expired when Thomas Jefferson pardoned everyone who was found guilty under the law.
The Rights and Responsibilities of U.S. Citizens “Citizenship is the common thread that connects all Americans. We are a nation bound not by race or religion, but by the shared values of freedom, liberty, and equality” (USCIS, 2015). The Constitution of the United States, written in 1787, and it provides guidelines of how the nation should and will run. The laws are man-made and provide direction using a Democratic power (governed by the people).