The Alien And Sedition Acts

The Alien and Sedition Acts

William Pelkey

The debate over the Alien and Sedition Acts of 1798 revealed bitter controversies on a number of issues that had been developing since the penning of the Constitution. The writers of the document knew that over time the needs of the nation and its people would change, and therefore provided for its amendment. But by not expressly delegating powers to specific organizations, whether the federal government, state governments, or the people themselves, they inadvertently created a major problem in the years to follow:

Constitutional interpretation.

Shortly after the Constitution's ratification, two distinct camps formed, each believing in opposite manners of interpretation. One group, the Federalists, led by the newly appointed Secretary of the Treasury, Alexander Hamilton, thought that the Constitution should be interpreted very loosely. He claimed that the Constitution contained powers other than those delegated or enumerated. These unspecified powers were implied powers. To explain these powers, Hamilton said it would be natural - or implied - that the federal government would gain control over any territory gained through conquest of purchase, although the Constitution made no mention of territorial control. In essence, Hamilton wished to use the implied powers to build a strong and authoritative central government.

In 1789, the Minister to France Thomas Jefferson, to Francis Hopkinson of Pennsylvania, protesting that "I am n...

The Alien And Sedition Acts

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