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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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To: Democratic-Republican

( replying to my own post )

I just noticed that a sentence got repeated at the end, but luckily it kinda fits well.

I traced it to my browser collecting a random string from the currently edited post and tacking it at the end when the ‘PREVIEW’ button is pressed, it then has the checkmark ticked in the “I HAVE PREVIEWED...” box so by clicking POST the defective reply gets sent. Correcting the extraneous characters unticks the box, setting up a vicious circle.

One solution is to copy/paste into a separate editor and proofread it there, then select all and delete everything in the comment box, then finally paste the thing back in.

It is not a FreeRepublic forum software issue as far as I can tell, though there may be a safe character limit for an edit box I am not aware of. Instead it looks like the local web browser is choking on it’s bloated cache and history. No big deal though if you pay attention.


56 posted on 07/23/2015 10:06:52 AM PDT by Democratic-Republican
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To: Democratic-Republican; All

Thank your for your reference to the Alien Friends Act of 1798 which are referenced in the excerpts that I had provided.

Given that James Madison is generally regarded as the father of the Constitution, Madison very aware of all the discussions that took place at the Constitutional Convention since he famously recorded the discussions in his daily journal, I am satisfied with his statement that the power to regulate immigration is not one of the powers delegated by the states to the feds, expressly through the Constitution.

After all, there’s been nothing stopping the states from amending the Constitution to expressly grant the specific power to regulate immigration to Congress, an action which, based on Madison’s and Jefferson’s writings has never been done, such power therefore uniquely remaining as 10th Amendment-protected state power.


57 posted on 07/23/2015 12:09:54 PM PDT by Amendment10
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