John Adams’ Presidency Defining the Boundaries of the Constitution

Alien Act: Allowed the president to have foreign residents removed from the country If suspected involvement in treasonable plots Alien Act

Sedition Act: U.S. citizens could not join any plots against the government’s policies Cannot write, print, utter or publish any false or hostile words against the government Sedition Act

Constitutionality? Do these two acts seem constitutional? FIRST AMENDMENT: Congress shall make no law… abridging the freedom of speech, or of the press; or the right … to petition the Government for a redress of grievances. FIFTH AMENDMENT: No person shall be held to answer for a capital…crime, unless on a presentment or indictment of a Grand Jury… nor be deprived of life, liberty, or property, without due process of law SIXTH AMENDMENT: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial Constitutionality?

Virginia and Kentucky Resolutions Written by James Madison and Thomas Jefferson State governments could ignore any federal laws that they found to be unconstitutional Virginia and Kentucky Resolutions

Is it constitutional for states to not follow federal laws? ARTICLE 6: “the Laws of the United States…and all treaties made…under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby” Constitutionality?

National Security Scenario Should limits be placed on freedom of speech in a time of national emergency? Should the United States be able to deport suspected traitors in a time of national emergency? National Security Scenario

Right before his presidency ended, John Adams appointed several judges Some of the appointments weren’t sent before Adams left office Jefferson refused to fill these appointments when he replaced Adams as President William Marbury demanded his appointment be filled Marbury took Jefferson’s cabinet member, James Madison, to court Marbury v. Madison

Judicial Review John Marshall was the Chief Justice Marshall decided it would be unconstitutional to force Jefferson to fill the appointments IMPORTANCE OF MARBURY v. MADISON: Through this court case Marshall established Judicial Review The Supreme Court’s power to declare an act of Congress unconstitutional Judicial Review