Alien Enemies Act: Why James Madison DIDN’T Oppose it

“With respect to alien enemies, no doubt has been intimated as to the federal authority over them.” That was James Madison, referring to the Alien Enemies Act of 1798 – an act he saw as constitutional while rejecting the rest of the Alien and Sedition Acts. In this episode, you’ll learn what the act actually says, why Madison defended it while opposing the others, and how narrowly it applies in practice.

Path to Liberty: March 19, 2025

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An Act Respecting Alien Enemies (6 July 1798)

James Madison – Report of 1800 (7 Jan 1800)

John Jay – Opinion, the Circuit Court for the District of Virginia: Ware v. Hylton (7 June 1793)

Blackstone’s Commentaries – Book 1, Chapt 10 – Of the People, Whether Aliens, Denizens, or Natives (1765)

Emmerich De Vattel – The Law of Nations or the Principles of Natural Law (1758)

Episode – The “Declare War” Lie: What the Founders and Constitution REALLY Said

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