Do you think this act goes against any freedoms guaranteed in the Bill of Rights? Why or Why not?

Answer 1

Hi Giamarie!

Great question! I would say there is a wide consensus that, yes, indeed, the Alien and Sedition Acts violated several freedoms guaranteed by the Bill of Rights, the first five amendments to the United States Constitution.

First and foremost, the very concept of punishing sedition with legal measures is really an affront to freedom of speech, which is guaranteed to all American citizens in the First Amendment. Sedition literally means "inciting others to rebel against lawful authority." However, what counts as sedition is highly debatable... and the Democratic-Republicans argued that John Adams' Sedition Act effectively allowed his government to arrest any who would question or challenge an official policy of the Adams administration. Adam's opponents charged that this law violated both their rights to assembly, press, and speech... and accused him of acting like a tyrant. Adams even wanted to be addressed (as President) as "His Excellency"... even though Washington only wanted to be called "Mr. President"!

As for the Alien Acts, these laws extended the time immigrants to the USA had to reside in America from 5 to 14 years. While these laws did not as directly violate the Constitution, an argument could be made that they were used to prevent immigration to the USA in an undemocratic fashion, since immigrants were more likely to become Democratic-Republicans (the opposing party of Adams' own Federalist Party.) One part of these acts (the Alien Enemies Act) claimed that all male adult immigrants (aliens) currently in the USA could be arrested and detained should a state of war be declared. This part was targeted at the thousands of Frenchmen who had fled France following the chaos of the French Revolution (1789-1799). Thus, it could be considered a violation of the Fourth Amendment protection against illegal search and seizure.

Great question- hope that was hopeful. If I can be of further help, please let me know! :)

-Ryan C.