Alien and Sedition Act of 1798 free essay sample

Although this is partially true as there have been many improvements to homeland security, the fight began years ago with multiple acts being passed that, unbeknownst at the time, were in reality related to securing our homeland. In 1798 Congress passed a series of four laws that aimed to control the activities of foreigners in the United States at the time of the impending French Revolutionary War. The four laws, which were collectively called the Alien and Sedition Acts, included the: Naturalization Act, Alien Act, Alien Enemies Act and Sedition Act. The Naturalization Act focused on making a longer period of time of residency for someone seeking citizenship to the United States. This meant that instead of an alien being in the country four just a couple years before being allowed to apply for citizenship the new residency period would require anywhere from 5 to 14 years. The law was aimed at Irish and French immigrants. The Alien Act made it possible for any aliens deemed dangerous during peaceful times in the United States to be expelled. This made it easier for government to remove someone they thought could be dangerous but it only applied to peaceful times not war times which is where the Alien Enemies Act came in. The act made it possible for the not only the expulsion but the imprisonment of aliens who were deemed dangerous during wartime. These people would be considered terrorists today and these acts were the first step in combatting any attack whether it is during peaceful times or war times. Although these three acts were never enforced they did prompt numerous Frenchmen to return home thus proving the dangers that were present in our country before these acts were instated. The Alien Act was very vague in that it did not say that any foreign nationals had to do anything illegal. The government did not have to prove they were a threat to national security to be subject to deportation. The Sedition Act of 1798 was the only act of the four laws passed to be enforced. This act made it illegal for an individual to criticize the government in speech or print. The penalty for such acts was a fine or possible imprisonment. It was also vague in that it was aimed toward foreign nationals but included anyone from advocating for a cause of a hostile nation. It also made it a crime to oppose any measure of the government of the United States. It was said this act was to prevent riots, uprisings or unlawful assemblies. The act even made it illegal to say anything bad against the act itself or call for its repeal. Although these acts were controversial and a threat to freedom of speech the reason for the acts being passed were to protect national security. Many other acts were passed in the following years to combat terrorism. The Force Act and the Ku Klux Act were â€Å"the earliest examples of legislation in the United States to deal specifically with domestic terrorist groups† (Fagin, 2005). The acts gave the government the authority to use federal troops to enforce federal laws. It dealt with mainly the southern states and their fourteenth and fifteenth amendment rights. The fourteenth and fifteenth amendments are considered the reconstruction amendments because they were important in implementing the reconstruction of the South after the Civil War. The amendments dealt with the rights of the former slaves. The fourteenth amendment secured rights for former slaves and provided a broad definition of national citizenship. The fifteenth amendment granted voting regardless of â€Å"race, color, or previous condition of servitude, but excluded the right for women to vote. These acts were aimed specifically at defeating a particular domestic terrorist group of citizens known as the Ku Klux Klan (KKK). The KKK was known to terrorize any person of color or anyone known to hang out or associate with anyone of color simply because of their race. This act allowed federal troops to combat the KKK in their terrorizing of particular races but was short lived and deemed unconstitutional. It did help set the stage for future acts combatting domestic terrorism. The Espionage Act of 1918 and the Sedition Act of 1919 provided broad powers to the government ensuring national security relating to World War I. Before and during World War I there were believed to be enemy agents residing in the United States. The Espionage Act was passed to combat anti-war activities and attacks by foreign enemy agents. It also was aimed at â€Å"suppressing anti-war rhetoric, censoring criticism of the government’s war effort and prohibiting activities that would obstruct the war effort or aid the enemy† (Fagin, 2005). It made it a crime to interfere with operations or success of military forces. Promoting the success of our enemies, causing or attempting to cause an insubordination, disloyalty, mutiny, or refusal of duty in the military was deemed a felony. The Sedition Act of 1918 prohibited any anti-war effort or aid to the enemy. It even prohibited anyone from displaying the flag of an enemy nation. It also gave the local postmaster the authority to refuse to deliver any mail that was though to violate the act. Jumping ahead many years to 1995 The Omnibus Counterterrorism Act was created. This act allowed for prosecution on a federal level of any act that was terrorist related. It also changed the immigration law. It allowed the deportation of aliens not only accused but suspected of terrorism. This was a short-lived act that was replaced the very next year in 1996 by the Anti-Terrorism and Effective Death Penalty Act. This act had many provisions including provisions previously used in the Omnibus Counterterrorism Act. In general terms it made it easier for agencies to prosecute anyone related to acts of terror including individuals who raised funds for terrorist acts. It enacted regulations requiring chemical taggants be added to other types of explosives so police can trace bomb to the criminals who made them which makes it easier to catch and prosecute the people responsible. The act increased penalties for terrorist crimes which can help deter a terrorist from carrying out an attack. This act had many more provisions included that were not allowed to be law until the attacks on September 11, 2001. After the attacks on 9/11 the USA Patriot Act was passed on October 11, 2001. This act had been months in the making but was pushed through quickly as it was deemed needed because of the attacks that had occurred. This act closed the holes that were left open by the Anti-Terrorism and Death Penalty Act allowing for much more lenient investigation into terrorists. It provided law enforcement with the proper tools to gather intelligence but came with much criticism. Many American thought it was a violation of their constitutional right of privacy and did not like the fact that the government has so much lenience when it comes to wiretapping or listening to phone calls. It might seem like a violation but it is done to protect us from acts of terror. If an attack is being planned and the agencies did not have the rights to listen we would be looking at another 9/11 incident but since they are able to listen and gather this information it will be easier to prevent such attack. Another controversial part of the Patriot Act is the â€Å"sneak and peak† provision. This provision authorizes enforcement agents to conduct a search without informing the suspect of the search. Obviously this means there has to be a search warrant and a plausible reason for the search but it allows them to search without the knowledge of the suspect which is not unconstitutional. The Patriot Act has been extremely successful at discovering terrorist plots thanks to the new provisions. Since 9/11 six terrorist cells have been broken up in Buffalo, Detroit, Seattle, Portland, Tampa, and North Carolina. †(Fagin, 2005) Would Americans rather these plots have been carried out or deal with a little invasion of privacy? When looking at the amazing success of the act it is clear that we must give a little to gain a lot. Many of these acts throughout history are great example of using law to promote homeland security. Some are controversial and have come under much criticism an d some were replaced with new laws to combat these criticisms.  One thing all these laws have in common is the underlying attempt to combat terrorism and keep Americans safe.