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To: Democratic-Republican; All
I would need to see it specifically argued from Madison/Hamilton/Jay that omitting immigration/borders/civilian invasion to even begin to accept this, and my old brain cannot recall this from the Federalist Papers masterpiece.

I’m glad that you requested additional information. I had not included the excerpts below from the writings of James Madison and Thomas Jefferson in my previous post for brevity.

Note that both Madison and Jefferson wrote in reaction to a federal immigration bill which President Adams had signed into law in 1798 which Madison and Jefferson had evidently regarded as unconstitutional. They referred to unique state power to regulate aliens in these excerpts, Jefferson borrowing language from the 10th Amendment in his clarification.

Here is the relevant excerpt from Jefferson’s writing.

“4. _Resolved_, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” the act of the Congress of the United States, passed on the — day of July, 1798, intituled “An Act concerning aliens,” which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force [emphasis added].” —Thomas Jefferson, Draft of the Kentucky Resolutions - October 1798.

And here is the relevant excerpt from the writings of James Madison in Virginia Resolutions.

"That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, ...

… the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people [emphasis added]. ”— James Madison, Draft of the Virginia Resolutions - December 1798.


53 posted on 07/22/2015 9:50:39 PM PDT by Amendment10
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To: Amendment10
Thanks for the reply. Since we're concerned specifically with 'original intent' we really should dig into the Federalist Papers ( no time at the moment ) which are fully a decade earlier than this point in time which happens to be when Jefferson and his great protégé Madison were in all-out war with the Federalists. And that is a HUGE understatement.

This context is very important and few people, except freepers, even realize what these two heroes did ( and there are straight-line parallels to today ) to fight an out-of-control unrestrained-by-the-brand-new-Constitution FedGov which had already engaged in Washington's Whiskey Rebellion putdown and Adam's Alien and Sedition Act.

So the context here I believe is that Jefferson/Madison were understandably on the offense, essentially trying to challenge all FedGov power even those few things that they were intended on regulating. The Alien and Sedition Acts included both enumerated powers ( Citizenship ) and the part we are talking about but neglected to enumerate ( Immigration ) not to mention an attack on the First Amendment for good measure ...

The Alien and Sedition Acts were four bills that were passed by the Federalists in the 5th United States Congress and signed into law by President John Adams in 1798, the result of the French Revolution and during an undeclared naval war with France, later known as the Quasi-War. Authored by the Federalists, the laws were purported to strengthen national security, but critics argued that they were primarily an attempt to suppress voters who disagreed with the Federalist party.[1] The Naturalization Act increased the residency requirement for American citizenship from 5 to 14 years. The Alien Friends Act allowed the president to imprison or deport aliens considered "dangerous to the peace and safety of the United States" at any time, while the Alien Enemies Act authorized the president to do the same to any male citizen of a hostile nation, above the age of 14, during times of war. (At the time, the majority of immigrants supported Thomas Jefferson and the Democratic-Republicans, the political opponents of the Federalists.) Lastly, the controversial Sedition Act restricted speech which was critical of the federal government.

Even though we today appear to be on the opposite sides of Jefferson who was protecting 'immigrants' we are on the same side with respect to FedGov excess. Jefferson had NO CHOICE in my opinion. It is quite rational to fight in this manner. He kicked up a sh!tstorm knowing he wouldn't achieve each and every detail. He was sure to make it painful for the tyrant though, Adams, who never saw it coming.

This was kind of the 2nd American Revolution in a way. It was fought without guns and the war ended on Jefferson's inauguration ( when Adam's famously slipped out of town without any gracious power-handoff public decorum ). How bad was it during this cold-war? Wikipedia ...

the Federalists under John Adams started rebuilding the military, levied new taxes, and enacted the Alien and Sedition Acts. Jefferson believed that these acts were intended to suppress Democratic-Republicans rather than dangerous enemy aliens, although the acts were allowed to expire. Jefferson and Madison rallied opposition support by anonymously writing the Kentucky and Virginia Resolutions, which formed the basis of State's rights, declaring that the federal government had no right to exercise powers not specifically delegated to it by the states.[114] Though the resolutions followed the "interposition" approach of Madison, Jefferson advocated nullification. At one point he drafted a threat for Kentucky to secede.[f] Jefferson's biographer Dumas Malone argued that had his actions become known at the time, Jefferson might have been impeached for treason.[115] In writing the Kentucky Resolutions, Jefferson warned that, "unless arrested at the threshold," the Alien and Sedition Acts would "necessarily drive these states into revolution and blood."[115] The theoretical damage of the Kentucky and Virginia resolutions was "deep and lasting, and was a recipe for disunion". George Washington was so appalled by them that he told Patrick Henry that if "systematically and pertinaciously pursued", they would "dissolve the union or produce coercion."[116] The influence of Jefferson's doctrine of states' rights reverberated to the Civil War and beyond.[117][118] In the spring of 1797, he held four confidential talks with the French consul Joseph Letombe. In these private meetings, Jefferson attacked Adams, predicted that he would only serve one term, and encouraged France to invade England. Jefferson advised Letombe to stall any American envoys sent to Paris by instructing him to "listen to them and then drag out the negotiations at length and mollify them by the urbanity of the proceedings." This toughened the tone that the French government adopted with the new Adams Administration.

( NOTE: Wikipedia authors are clueless and probably believe they are hurting Jefferson with this entry, which mirrors those that feel Trump is hurting himself, the party and the country ).

Notwithstanding the wikipedia spin on "States Rights" and clumsy attempt to paint Jefferson as instigator of the Civil War, this is thoroughly Amazing stuff. Did I mention that Jefferson was Vice-President throughout this time? Forming a new party, attacking his boss in public, giving aid and comfort to France ... Who the hell do we have today willing to risk "treason" to save the Republic? No-0ne! Those that criticize Jefferson for not fighting in the 1st American Revolution don't even realize he fought the 2nd one almost singlehandedly. And note Washington's quote there which mirrors what the establishment of today mutters about the TEA Party and even Trump, painting these insurgents as threatening their corrupt fiefdom.

Note the straight-line parallel to today ... Jefferson rightly viewed Adams ( and to a lesser extent Washington ) as we view DingleBarry - a dangerous tyrant wiping his *ss with the Constitution and destroying the republic. Thankfully in 1800 the people and the republic caught a huge break when Jefferson was elected and the country got 24 years of small-R republicans ( aka Jeffersonians, or newer nomenclature Democratic-Republicans ) which substantially thwarted FedGov. Had that not happened just imagine where we would be today.

Will Trump by accident or design serve the same purpose as Jefferson? Well, Jefferson created the (DR) party which had the White House for 6 straight elections and it dominated Congress for almost 3 decades. Trump could possibly do something similar if he can dismantle the GOPe kicking the door open for all the TEA party Congress members and voters even if it is 4 or 8 years down the road. TEA domination could change the current stupid party from (R)ino to (R)epublican but it would require annihilation of the GOPe which even Reagan could not do so it is a tall order to be sure. So the context here I believe is that Jefferson/Madison were understandably on the offense, essentially trying to challenge all FedGov power even those few things that they were intended on regulating. The

55 posted on 07/23/2015 2:19:04 AM PDT by Democratic-Republican
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