Sedition Act Of 1798 Unconstitutional

The sweeping language of the sedition act made it illegal among other actions to write print utter or publishany false scandalous and malicious writingwith intent to defame thegovernment or to stir up sedition within the united states.

Sedition act of 1798 unconstitutional. Constitution in history becomes federal law when congress passes the sedition act. Jefferson pardoned all those who had been convicted under the act. Image courtesy of library of congress an unpopular president john adams faced increased scrutiny over the signing of the sedition act. The sedition act clearly violated individual protections under the first amendment of the constitution.

In one of the first tests of freedom of speech the house passed the sedition act permitting the deportation fine or imprisonment of anyone deemed a threat or publishing false scandalous or malicious writing against the government of the united states. Furthermore the justices were all strong federalists. The acts were set to expire on march 3 1801. They made it harder for an immigrant to become a citizen allowed the president to imprison and deport non citizens who were deemed dangerous or who were from a hostile nation and criminalized making false statements that were critical of the federal government.

While the sedition act violated key provisions of the first amendment the current practice of judicial review empowering the supreme court to consider the constitutionality of laws and executive branch actions had not yet been perfected. John adams called the alien and sedition acts of 1798 war measures to opponents they were unconstitutional and indefensible. However the practice of judicial review whereby the supreme court considers the constitutionality of laws was not yet well developed. Fifty years later congress declared that the sedition act of 1798 was unconstitutional and the supreme court has never since missed an opportunity to declare that the act was unconstitutional in the court of history.

In a time of war quasi war. The alien and sedition acts were four laws passed by the federalist dominated 5th united states congress and signed into law by president john adams in 1798. Passed in 1798 the alien and sedition acts were intended to protect the united states from foreignenemy citizens and stop seditious attacks from weakening the us. To supporters they protected the very foundations of the nation.