Alien and Sedition Acts- Passed by Adams (Federalists) in Issue: What violates freedom of speech? Why were these laws passed?

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1 Name Alien and Sedition Acts- Passed by Adams (Federalists) in 1798 Issue: What violates freedom of speech? What did the laws do? Alien act- Why were these laws passed? Adams (Federalist reason)- What was the response to the passage of these laws? Virginia & Kentucky Resolutions- Sedition act- Jefferson (Republican reason)- Election of Synonym for Alien- Synonym for Sedition-

2 1. What part of our bill of rights did the Alien and Sedition Acts violate? 2. The Virginia and Kentucky resolutions said that states should be able to nullify or cancel laws passed by the federal government that they think are unconstitutional. Do you agree? Why or why not? The Alien Law has been bitterly criticized as a direct attack upon our liberties. In fact, it affects only foreigners who are plotting against us, and has nothing to do with American citizens. It gives authority to the President to order out of the country all aliens he judges dangerous to the peace and safety of the United States, or whom he suspects of treason or secret plots against the government. 3. How does the author of the above quote feel about the Alien act? Is he for it or against it? Why? No evidence, then, being produced, we have a right to say that none exists, and yet we are about to sanction a most important act; and on what grounds? Our individual suspicions, our private fears, our overheated imaginations. Seeing nothing to excite those suspicions, and not feeling those fears, I could not give my assent to the bill.. 4. How does the author of the above quote feel about the Alien and Sedition laws? Is he for them or against them? Why? 5. Which of the above authors do you agree with the most? 6. Can you think of any examples when are freedom of speech should be limited? If so, when? 7. Can you think of any scenarios where other freedoms that Americans have should be limited or taken away? If so, why? If no, why not?

3 Marbury v. Madison (1803) Issue: What powers does the Supreme Court have when interpreting the Constitution? Facts of the case Why was Marbury suing Madison? How the Court ruled in the case What important power was given to the court because of this case? Who was the Chief Justice of the Supreme Court at this time? Judicial Review Define: Illustration

4 Mental Image Imagine you are at a basketball game that has no ref. Both teams really want to win. Do you think they will play by the rules? What do you think they might try and get away with? Judicial Review is like the ref finally being added to a game between the president and congress. Before Marbury v Madison the president and congress could pass laws that might not be Constitutional (alien and sedition acts). With judicial review the courts have the power to declare laws and acts unconstitutional thereby forcing the president and congress to follow the rules of the Constitution. This is an extremely important power. It protects the American people from abuse! 1. Give an example of a law that has been declared unconstitutional by the courts. 2. Who are the ultimate deciders of what s Constitutional? In other words, who has the last word on whether laws follow the Constitution? 3. Could we have a workable system of government without judicial review? How would such a system be organized? 4. Why do you think John Marshall and his Marshall court are remembered for being so important today?

5 Name McCulloch v. Maryland (1819) Issues: Does the Constitution give the national government the power to create a bank? Can state governments tax national banks? Who should have the final say on laws, states or the federal government? States created the national government, so they should be able to overrule it! National unity is more important than states rights! Synonym for Nullify What was the crisis about? What s your opinion?

6 McCulloch v Maryland (1819) Facts of the case The state of Maryland tried to tax a bank because the states didn t like the created by the new bank. Maryland argued that the federal government didn t have the power to create a bank because that power is not given to them in the. Important rulings in the case The case allowed for a interpretation of the powers of the government due to the and clause in the Constitution. The court ruled on the nullification crisis. The court ruled that laws are superior to laws. 1. Who was the chief Justice in this case? 2. Explain the principle of national supremacy? (think Supremacy clause) 3. Why did Congress have the Constitutional right to establish a bank according to McCulloch v Maryland? 4. Do you think the court made the right decision in this case? Should we follow the Constitution exactly as it is written or should the interpretation of the words be broad? Why or why not? 5. How might our country be different if states were allowed to nullify (cancel) federal laws they didn t like? Define Supremacy Clause:

7 Louisiana Purchase (1803) Issue: What powers does the Constitution give to the president? In 1803, President Thomas Jefferson sent James Monroe and Robert Livingston to France purchase the port of New Orleans for 10 million. The French, led by Napoleon, offered to sell all of the Louisiana Territory for $15 million. When Jefferson was told, he agreed to the purchase. Was it constitutional for the president to make such a purchase without the approval of Congress? Until then, Jefferson might have said no. He usually had a strict interpretation of the Constitution, and the Constitution never said that the president had those powers. At this time, though, he used a loose interpretation of the Constitution to justify his actions. Strict Interpretation Def: Loose Interpretation Def: Was Jefferson justified in using a loose interpretation of the Constitution? Why or why not? What is the danger in having a president that uses a loose interpretation of the Constitution?