logo
Login Subscribe
Google Play App Store
  • News
    • Obituaries
    • Lifestyle
    • Opinions
  • Sports
  • E-edition
  • Calendar
  • Archives
  • Contact
    • Contact Us
    • Advertisers
    • Form Submission
    • About Us
    • News
      • Obituaries
      • Lifestyle
      • Opinions
    • Sports
    • E-edition
    • Calendar
    • Archives
    • Contact
      • Contact Us
      • Advertisers
      • Form Submission
      • About Us
Alien Enemies Act
commentary
April 2, 2025
Alien Enemies Act

Every day in my American Civ class I begin the morning asking if anyone has any questions, not just about what we studied the day before, but about what is going on in the world. I believe the purpose of this class is to study the past to explain the present.

Some classes are better than others with discussions as many don’t seem to agree that studying early America can help our current problems. Then every so often the planets align, and my class topic is exactly what’s going on in the real world.

Last Wednesday in class we discussed John Adam’s presidency and one of the principal topics was the Alien and Sedition Acts. Then on Friday morning before class started President Trump announced he would use the Alien Enemies Act to deport several South Americans with alleged gang ties. While I thought the class would be thrilled to see that knowledge of history does in fact matter, all it really proved was that I am a history nerd to get so excited. However, with or without my classes’ approval, the use of a law passed under the Adams administration is going to be controversial.

Already a judge has temporarily blocked its usage. What is most interesting is how the media is referring to it as a wartime act, yet historically speaking it was not passed or originally implemented originally during war time.

The controversial part of the 1798 law in question reads, “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 proc-lamation 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.”

There was no controversy in the past when this law was used, at least about the president’s authority, as America was at war.

The debated part of the law this time is, “or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States.”

The court will have to decide if that line gives the president authority when we are not at war. When trying to decide, the court often tries to understand the intent of the law at its passage. With that in mind it is worth understanding the context of the passage of the Alien and Sedition Acts.

When the Acts were passed the world was at war with France. During the French Revolution the people of France rose up and beheaded the king and queen as well as most of the nobility, sending them to war with the nations of Europe. While Secretary of State Thomas Jefferson supported an alliance with France, President Washington decided on a course of neutrality as the best way forward for our young nation. Yet in an effort to secure some assistance, the French Revolutionary government sent over a diplomat named Citizen Edmond-Charles Genet. Genet arrived in Charleston, SC where Jefferson’s Republicans held power and so as Genet was wined and dined by supporters, he began issuing privateering commissions, basically recruiting Americans to act as pirates in attacking British ships. When Washington told him to cease such activity, Genet ignored the president, flaunting his disobedience, believing the people were on his side. Genet had been hanging in Republican circles for too long not realizing the respect Washington had. Upsetting Washington’s administration, Genet was recalled to France to answer for his insubordination.

Realizing his head would probably soon be in a basket, Washington allowed him to stay, but damage had been done.

During Adam’s administration the problems with France continued as France and England both attempted to stop the U.S. from trading with the other nation.

Alexander Hamilton and his Federalists wanted to continue our trade relations with England and pushed the president to go to war with France. Wanting to continue a peaceful relationship with France, Adams defied Hamilton and sent over a crack team of diplomats to work on building a relationship with France. The plan backfired.

Not only were our diplomats unable to get an audience with French leaders, but they also required a bribe and several concessions from the U.S. before any talks could commence. In what became known as the XYZ Affair, Federalists used the insult as justification for a Quasi-War with France where American and French ships clashed in the Caribbean.

The Federalists used the anti-French sentiment to attack their Republican rivals and as a way to hurt the French and Republicans they passed through congress the Alien and Sedition Acts. Being that most immigrants tended to support the Republicans, the Naturalization Act extended the length before applying for citizenship from five to 14 years. The Alien Friends act allowed the president to deport any alien he deemed dangerous. The Alien Enemies act we already covered above. Finally, the Sedition Act criminalized “false, scandalous, and malicious” writings against the government, mainly targeting Republican newspapers. I do not have room to discuss all the consequences and ramifications of these acts, suffice to say there were some real debates as to the constitutionality of these laws, especially the Sedition Act.

In the end Jefferson became president, three of the acts were repealed, but the Alien Enemies Act was deemed important enough to keep. Having the ability to deport non-citizens harming the country was supported by both parties. Over the years the law has been put into action, most notably during WW I and II. Yet if we try to understand the context of when the law was passed and implanted it is important to understand that congress had not declared war.

So, while it may be described as a war powers act today, it was not originally seen that way.

James Finck is a professor of American history at the University of Science and Arts of Oklahoma. He may be reached at HistoricallySpeakingl 776@gmail. com.

School Board Association honors Pippenger, Madewell
A: Main, news
School Board Association honors Pippenger, Madewell
September 17, 2025
OKLAHOMA CITY - Eufaula School Board President Jeff Pippenger and Checotah School Superintendent Monte Madewell were honored for their contribution to education during the annual Education Leadership ...
A: Main, news
Brace yourself for traffic disruptions
September 17, 2025
The Oklahoma Department of Transportation will begin its long-awaited street project on Main Street (SH 9) in downtown Eufaula next week. An ODOT spokesman said traffic control will begin Monday, Sept...
A: Main, news
McIntosh is Candidate for 2025 Miss Indian Oklahoma
September 17, 2025
Miss Janaya McIntosh of Eufaula is a candidate for the upcoming 2025 Miss Indian Oklahoma pageant. The Oklahoma Federation of Indian Women (OFIW) pageants offer young Native American women a chance to...
A: Main, news
Ford holding food drive
September 17, 2025
Ford dealers around the world are joining together to conduct the World’s Largest Ford Dealer Food Drive, now through Sept. 25. The local dealership where you may drop off food is Sam Wampler’s Freedo...
A: Main, news
LEA 2025 Golf Tournament Sept. 26
September 17, 2025
The 2025 Lake Eufaula Association Golf Tournament is just a week away, to be held Friday Sept. 26 at Arrowhead Golf Course, 3657 Main Park Rd., Canadian. Registration is at 8 a.m., shotgun start is at...
A: Main, news
POW/MIA Ceremony is Friday
September 17, 2025
On Friday, Sept. 19 the VFW Post 8798 Auxiliary will host a dinner in honor of soldiers who have not returned home from battle. The event will begin at 6 p.m. in the Post dining room on SH 9 east.
ePaper
google_play
app_store
Editor Picks
A: Main, news
Lake Eufaula Out of Darkness Walk this Saturday
September 17, 2025
Don’t miss the Lake Eufaula Out of Darkness Walk this Saturday, September 20. Come walk and show your support as locals bring awareness to suicide and how you can prevent it. “Being able to see the wa...
A: Main, news
Flag exchange drive
September 17, 2025
VFW Auxiliary 8798 would like to help you properly dispose of your worn out flags. We will exchange your worn 3x5 United States American Flag for a brand new one. Dates will be shared over the upcomin...
A: Main, news
Tribal Town Spelling Bee Sept. 27
September 17, 2025
The Eufaula-Canadian Tribal Town and the MCN Language Preservation Program will host the 10th annual Mvskoke Language Spelling Bee Competition on Sept. 27 beginning at 10 a.m. at the Eufaula Indian Co...
A: Main, news
Suspect awaits sanity decision in Minner case
By MICHAEL BARNES 
September 17, 2025
When a June 10 headline shook the community—Selby Minner, beloved blues musician and cultural icon, found dead—the shock reverberated through Rentiesville and far beyond. The one arrested for her murd...
Oklahoma Farm Bureau hosts 4th Annual Capitol Camp
news
Oklahoma Farm Bureau hosts 4th Annual Capitol Camp
By LaDonna Rhodes Staff Writer 
September 17, 2025
117 FFA and 4-H students from across the state convened at the Oklahoma State Capitol for the Oklahoma Farm Bureau’s 4th Annual Capitol Camp held Sept. 3 – 4. The camp was an immersive twoday experien...
Facebook

THE EUFAULA INDIAN JOURNAL
100 N. 2nd Street
Eufaula, OK 74432

(918) 689-2191

This site complies with ADA requirements

© 2023 THE EUFAULA INDIAN JOURNAL

  • Contact
  • Privacy
  • Accessibility Policy