Chalcedon Blog

In 1798, when John Adams (a Federalist) was President of the United States of America, Congress passed four laws for the purpose of strengthening the Federal Government. These laws were collectively known as the Alien and Sedition Acts. These Acts, in brief, allowed the Federal Government to do as follows:

The Alien Act:
"That whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies."^[i]

The Sedition Act:
"That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years."^[ii]

While on the surface these seem to provide protection for the Federal Government at a time of pending war with France, they were also used to silence any political opposition. The real result of these unconstitutional Acts was that citizens were arrested for no other reason than they spoke out against John Adams and his policies regarding France.^[iii]

These Acts caused a great deal of alarm in honorable men who at once recognized that they gave powers to the Federal Government that were not only not explicitly given to it, but, in fact, strictly refused it in the constitution and/or one of its amendments.^[iv] In response two States, Virginia and Kentucky, passed resolutions, which in no uncertain terms, protested the gross overstepping of the Federal government and it's violation of the mutually agreed upon compact, The Constitution. Their resolutions called the Acts unconstitutional, subversive, and despotic. The resolution passed by Kentucky, even went so far to say that "it would consider a silent acquiescence [to these Acts] as highly criminal."^[v]

The Current State of the Union

Sadly to say, we are in a similar situation now. In the 200 plus years since 1798, the Federal Government has continued this pattern of giving itself more and more power while simultaneously stripping power from the States; something the Anti-Federalists prophesied would happen. Interestingly enough, the American Empire was a great concern to the Anti-Federalists and many saw the Empire as a forgone conclusion given the consolidated government which the Federalists argued for. In the first letter of what is now called The Anti-Federalist Papers, the author wrote, "I had rather be a free citizen of the small republic of Massachusetts, than an oppressed subject of the great American empire."^[vi]

With the passing of the McCain-Feingold Campaign Finance Reform Act, it is illegal to speak out against political candidates 60 days prior to a general elections and 30 days prior to a primary. Sounds very similar to the Sedition Act f 1798, does it not? But more alarming is the passing of the Patriot Acts which has done more to erode our freedoms than anything else in US history. In the USA Patriot Improvement and Reauthorization Act of 2005, there is a provision which "creates a new federal police force with power to violate the Bill of Rights"^[vii] at their every whim without any warrant whatsoever. We also have recently been informed that George W. Bush, our own President, has been illegally spying on American citizens via cell phone taps without a warrant which he makes absolutely no apologies for and defends as crucial to American security.

I pray that State legislators would stand up to the Federal Government like Virginia and Kentucky did in 1798.

When the compact has been broken, do we not have a duty to stand up against tyranny?

In 1965, R.J. Rushdoony wrote the following about how you'll know when the totalitarian state has arrived:

"An attack on the local police is an attack on the right of self-defense. When the local police are destroyed, the totalitarian state will have arrived in full force. That great civilian army of local police, and a citizenry with police powers and the right to bear arms, is thus a major target of subversive activity, assault, legislation, and propaganda."^[viii]