Alien and Sedition Acts

Socratic Seminar
Title: Alien and Sedition Acts
Grade/Class: 11th Grade US/VA History
Length: 1-2 class periods. The lesson may be conducted over one or two classes. Teachers may
choose to implement the prep work one day, and the actual Socratic Seminar (SS) the second
day. For my class, it was all implemented in one class period.
Background Information and Rationale:
With the Constitution only in place for roughly a decade, the political stability of the
nation remained extremely questionable. As learned in the last unit, the founding of the
Constitution was not an easy process, as there was tension between the big states and the
small states. As the Convention continued another distinction emerged. The Federalists wanted
a more central and powerful federal government, while the Anti-Federalists wanted a more
state-centered government. Eventually the Bill of Rights was added to the Constitution to
ensure its ratification and quell the fears of the Anti-Federalists.
At the same time that the United States was finding its footing as a new country, France
erupted into revolution and then proceeded to war with Great Britain. The fledging American
government remained neutral so as to keep trade with Britain. It also tried to dodge war debt
owed to France. This, in combination with the XYZ affair, led to the Quasi-War. The Federalists
used these events to expand the power of the national government and to attack their
opponents who sympathized with the French. During this time Jefferson and like-minded
Federalist opponents were forming their own political party, the Democratic-Republicans.
Additionally in some states groups resisted Federalist laws, such as a task on Whisky, which
then lead to the Whiskey Rebellion. All of these events influenced the Federalist in Congress
and the Adams administration to pass the alien and sedition acts.
The alien and sedition acts were, and remain, severally controversial. The practice of
judicial review was not created yet, but many believe had it existed these laws would have
been found unconstitutional. Thus the alien and sedition acts are interesting to study because
they raise a myriad of questions. Are they constitutional? How do they compare to the Bill or
Rights? Etc? Additionally they solidified support of the Democratic-Republicans and may have
helped to usher in the transfer of power from political parties. The alien and sedition acts also
inspired the thoughts behind the Virginia and Kentucky resolutions which contained the ideas
of nullification and which were used to justify secession in the Civil War.
In order for the alien and sedition acts to be an effective topic for a SS, students need to
be involved with aforementioned historical details of the era to better understand the climate
and motivation of those who supported the acts, as well as those who opposed the acts. The
acts make a good SS topic because they raise a lot of social and philosophical questions.
Additionally they acts are controversial, which should boost student engagement.
Instructional Model:
The key component of a Socratic seminar is sustained conversation, which promotes
deep knowledge and shared learning. During a Socratic seminar students share their ideas build
of them to achieve new knowledge. Socratic seminars must focus heavily on a text. As a result
good texts should achieve content goals, but also raise important questions that may be used
to develop one’s civic views.
Socratic Seminars also promote good discussion skills. Students rarely witness examples
of good discussion, and instead are blasted with political pundits yelling at each other or reality
TV stars doing the same. A Socratic seminar allows for students to develop crucial discussion
skills, which are real-world applicable. It also encourages students, who do not gravitate toward
traditional lecture and writing responses, to participate more in class. For students new to SS,
entry tickets should be included as a scaffold.
Objectives:

The students will develop and demonstrate good discussion norms while engaging in
substantive conversation. (VUS.1) (PASS 3)

The students will be able to analyze, summarize and explain the contents of the Alien
and Sedition Acts. (VUS. 1) (PASS 1, 2) (NCSS 3, 6,).
Assessment:


Entry tickets may be used as a completion grade, but it is not required.
The bulk of the assessment should come from observing the student’s contributions in
the discussion. The teacher should make a list detailing what students are discussing
each document.
o During the discussion, the teacher should mark student participation
 A tally mark indicates the student made a comment
 A check mark indicates the student brought in outside material or
consulted the text directly
 A ? indicates the student raised a question
 R should be given if a student was polite/respectful during the discussion
 X indicates the student was rude during the discussion
o These assessments should be saved and the result should be discussed with the
students. The teacher should measure students’ improvements with each
discussion.
Seminar Text: The Alien and Sedition Acts
The alien and sedition acts are a suitable selection for a Socratic seminar. First, the texts
are a good size for a smaller deep reading and discussion. Secondly, they tie into many different
events of the political time (Quasi-War, Whiskey Rebellion, rise of the Democratic-Republicans).
As a result a great deal of content knowledge from the previous lessons can be accessed and
drawn upon to make new connections and deeper meaning. Lastly, the Alien and Sedition Acts
are controversial. They present a limit on freedoms depicted in the Bill of Rights and while the
questions they raise about government control and individual liberty are especially concerning
in a fledging country, they can still valid questions we as a society discuss in current day.
As my classes are rather large (26-29 students), I will be conducting a fishbowl discussion.
Students will have the choice of what document they would like to discuss, with no more than
14 students in one group.
Opening Question:
Alien Act: What is the purpose of the Alien Act?
Sedition Act: What is the purpose of the Sedition Act?
Core and Follow Up Questions:
Alien Enemies Act

Who does the Alien Enemies Act target?
o Follow up: What is an “alien”?

Who created the Alien Enemies Act? Why did they make this law/What events are they
responding to? Students may find it helpful to refer to their “gallery walk” notes on John
Adams and Thomas Jefferson.
o Follow up: When was the Alien Act created? What events were going on then?
Did any of these influence creation of the Act?

How are alien enemies portrayed in the Act?
o Follow up: Are alien enemies threatening to the government? Why are aliens
threatening?

What do you think of the Alien Enemies Act?
Sedition Act

Who/What does the Sedition Act target?

Who created the Sedition Act? What events are they responding to? Check “gallery
notes”

Sedition is defined as “conduct or speech inciting people to rebel against the authority
of a state”. Do you think the types of speech described in the Act are seditious?
o Rephrase: What makes speech seditious?

Does the Sedition Act limit freedom? Hint: Compare it to the Bill of Rights.
o Follow up: What political parties or groups would support/oppose the Sedition
Act?
Procedure:
Preparation for Seminar (seminar text): 15-20 mins
1. Students will choose which text they would like to discuss
a. Students will complete an entry ticket for that text in class. Students should have
15-20 minutes to complete entry ticket.
2. Teacher shall model how to annotate by using the first few lines of the sedition act as a
model. This should be projected on the board
3. Teacher should assist students with their entry tickets. Students should be reminded
that we will have a discussion, so they need to carefully read and annotate.
a. teacher should visit each table to assist
Room Formation: 3 minutes
1. Students will move their desks into a large circle/oval so that everyone can be seen.
2. Students who have the alien act will sit down fist. Students should leave an empty desk
in between them
3. Students who have the sedition act will fill in the empty seats
4. The ends result should be a circle alternating between alien act and sedition act
students (A,S,A,S,A,S, etc)
Norms and phrases:
1. The front board will contain a list of appropriate conversation build ins as well as
seminar norms (see below)
2. Solicit good seminar norms from the class. Have them model these norms.
3. Solicit bad seminar norms. Have them model these norms.
4. As this will be the students’ first SS, explain that it may be awkward at first, and that
this would be ok.
5. Go over some helpful phrases for students to use. Have this up on the whiteboard the
entire discussion.
Seminar norms:
-Sit up straight
-Make eye contact with the person you’re speaking to
-Do not raise your hands
-Be respectful of others views
-If you disagree: critize the thought, not the person who made it.
Helpful Phrases:
Expressing your opinion:
I feel that…
I believe that…
In my opinion that…
I think__________because…..
For Clarification:
Could you repeat that?
Could you rephrase that?
Can you say more about that?
I have a question about __________. (Say question)
Agreeing with someone’s point:
I agree with __________ because….
Building off of that…
Like (name of person) I think that……
Additionally….
Disagreeing with someone’s point:
That’s a valid point, but I think…
On the other hand…
I see where you’re coming from, but I think…
Changing the subject:
Moving on…
Does anyone else have anything to say on (original topic), I’d like to move on to (new topic)
Fishbowl Discussion: 30-35 minutes
1. Have the Alien Act go first.
a. Instruct sedition act students to take notes, on the back of their entry ticket
during the discussion
b. Start with the leading question: “What is the purpose of this Act?”
i. Mark student participation.
2. As the students wind down, move the conversation to a new question
a. Ask follow up questions as needed.
b. See the aforementioned questions.
3. After 10-15 minutes thank the students for their participation.
4. Repeat steps 1-3 with the Alien and Sedition Acts reversed.
5. Have students take 3 minutes to write their thoughts on the discussion
a. Did they enjoy it?
b. What did they learn?
c. How do they think they did?
6. Collect response sheets. During planning time read over and make comments using the
data collection sheet you recorded during the Seminar.
a. Write feedback on the sheets
b. Pass back sheets.
Resources:

Individual copies of alien acts

Individual copies of sedition acts

Individual copies of alien act entry ticket

Individual copies of sedition act entry tickets

Norms/helpful phrases listed on the board
Differentiation:
This SS can be differentiated in a number of ways. I gave the students choice for their topic, but
for some classes it may be more beneficial to split the students up strategically. Place an equal
number of shy and vocal students in the two groups. Split up disruptive students into different
groups as well.
Additionally I choose only two parts of the Alien and Sedition Acts. For a more advanced class,
you could use more parts of the acts. Additionally a more advanced class could have the entry
ticket assigned for homework. The students in my class would not have completed it, if I had
done this.
Adaptions:
In a SS, the teacher should work closely with the Para. Students with IEPs specifically stating
reading or language difficulties should receive materials beforehand. ESL students should also
receive materials beforehand. In both cases the Para/ESL teacher should also receive a copy of
the core questions. This way the students can prepare an answer beforehand and participate.
Students with special needs should also be given a choice of which document they wish to
discuss.
An Act Respecting Alien Enemies
1) SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, 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
5) any foreign nation or government, and the President of the United States shall make public
proclamation 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. And the President of the United States shall be, and he
10) is hereby authorized, in any event, as aforesaid, by his proclamation thereof, or other public
act, to direct the conduct to be observed, on the part of the United States, towards the aliens
who shall become liable, as aforesaid; the manner and degree of the restraint to which they
shall be subject, and in what cases, and upon what security their residence shall be permitted,
and to provide for the removal of those, who, not being permitted to reside within the United
15) States, shall refuse or neglect to depart therefrom; and to establish any other regulations
which shall be found necessary in the premises and for the public safety: Provided, that aliens
resident within the United States, who shall become liable as enemies, in the manner aforesaid,
and who shall not be chargeable with actual hostility, or other crime against the public safety,
shall be allowed, for the recovery, disposal, and removal of their goods and effects, and for
20) their departure, the full time which is, or shall be stipulated by any treaty, where any shall
have been between the United States, and the hostile nation or government, of which they
shall be natives, citizens, denizens or subjects: and where no such treaty shall have existed, the
President of the United States may ascertain and declare such reasonable time as may be
consistent with the public safety, and according to the dictates of humanity and national
25) hospitality.
26) SEC. 2. And be it further enacted, That after any proclamation shall be made as aforesaid, it
shall be the duty of the several courts of the United States, and of each state, having criminal
jurisdiction, and of the several judges and justices of the courts of the United States, and they
shall be, and are hereby respectively, authorized upon complaint, against any alien or alien
30) enemies, as aforesaid, who shall be resident and at large within such jurisdiction or district,
to the danger of the public peace or safety, and contrary to the tenor or intent of such
proclamation, or other regulations which the President of the United States shall and may
establish in the premises, to cause such alien or aliens to be duly apprehended and convened
before such court, judge or justice; and after a full examination and hearing on such complaint.
35) and sufficient cause therefor appearing, shall and may order such alien or aliens to be
removed out of the territory of the United States, or to give sureties of their good behaviour, or
to be otherwise restrained, conformably to the proclamation or regulations which shall and
may be established as aforesaid, and may imprison, or otherwise secure such alien or aliens,
39) until the order which shall and may be made, as aforesaid, shall be performed.
40) SEC. 3. And be it further enacted, That it shall be the duty of the marshal of the district in
which any alien enemy shall be apprehended, who by the President of the United States, or by
order of any court, judge or justice, as aforesaid, shall be required to depart, and to be removed,
as aforesaid, to provide therefor, and to execute such order, by himself or his deputy, or other
discreet person or persons to be employed by him, by causing a removal of such alien out of
45) the territory of the United States; and for such removal the marshal shall have the warrant
of the President of the United States, or of the court, judge or justice ordering the same, as the
case may be.
48) APPROVED, July 6, 1798.
Alien Enemies Act Entry Ticket
1. Who is an “Alien Enemy” according to the law? (Hint: Section 1)
2. What must happen before the Alien Enemies Act can go into effect? Draw or write your
response.
3. What happens to Alien Enemies under the Act? Draw or write your response.
4. Write down any questions/thoughts you have about the Act
An Act in Addition to the Act, Entitled "An Act for the Punishment of Certain Crimes Against the
United States (Also known as the Sedition Act)
1) SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of
America, in Congress assembled, That if any persons shall unlawfully combine or conspire
together, with intent to oppose any measure or measures of the government of the United
States, which are or shall be directed by proper authority, or to impede the operation of any
5) law of the United States, or to intimidate or prevent any person holding a place or office in or
under the government of the United States, from undertaking, performing or executing his
trust or duty, and if any person or persons, with intent as aforesaid, shall counsel, advise or
attempt to procure any insurrection, riot, unlawful assembly, or combination, whether such
conspiracy, threatening, counsel, advice, or attempt shall have the proposed effect or not, he or
10) they shall be deemed guilty of a high misdemeanor, and on conviction, before any court of
the United States having jurisdiction thereof, shall be punished by a fine not exceeding five
thousand dollars, and by imprisonment during a term not less than six months nor exceeding
five years; and further, at the discretion of the court may be ho]den to find sureties for his good
14) behaviour in such sum, and for such time, as the said court may direct.
15) SEC. 2. And be it farther enacted, That if any person shall write, print, utter or publish, or
shall cause or procure to be written, printed, uttered or published, or shall knowingly and
willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and
malicious writing or writings against the government of the United States, or either house of
the Congress of the United States, or the President of the United States, with intent to defame
20) the said government, or either house of the said Congress, or the said President, or to bring
them, or either of them, into contempt or disrepute; or to excite against them, or either or any
of them, the hatred of the good people of the United States, or to stir up sedition within the
23) United States, or to excite any unlawful combinations therein, for opposing or resisting any
24) law of the United States, or any act of the President of the United States, done in pursuance
of any such law, or of the powers in him vested by the constitution of the United States, or to
resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of
any foreign nation against United States, their people or government, then such person, being
thereof convicted before any court of the United States having jurisdiction thereof, shall be
punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding
30) two years.
31) SEC. 3. And be it further enacted and declared, That if any person shall be prosecuted under
this act, for the writing or publishing any libel aforesaid, it shall be lawful for the defendant,
upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained
in Republication charged as a libel. And the jury who shall try the cause, shall have a right to
35) determine the law and the fact, under the direction of the court, as in other cases.
36) SEC. 4. And be it further enacted, That this act shall continue and be in force until the third
day of March, one thousand eight hundred and one, and no longer: Provided, that the
expiration of the act shall not prevent or defeat a prosecution and punishment of any offence
against the law, during the time it shall be in force.
40) APPROVED, July 14, 1798.
Sedition Act Entry Ticket
1) What types of actions are illegal in Section 1? Draw or list the actions.
2) What types of things are illegal to say or publish in Section 2? Fill in the word bubble with an
example of prohibited speech. Create a newspaper article title that would have been illegal.
The Daily Gazette
3) What are the punishments for committing these crimes?
Seminar Questions:
I thought some of the kids with IEPs might want to know some of the questions that may be
discussed in the Socratic Seminar beforehand so they can prepare answers. Seminars will be
approx. 15 mins long for each text.
Alien Enemies Act

Who does the Alien Enemies Act target?

Who created the Alien Enemies Act? Why did they make this law/What events are they
responding to? Students may find it helpful to refer to their “gallery walk” notes on John
Adams and Thomas Jefferson (hopefully).

How are alien enemies portrayed in the Act?
o Follow up: Are alien enemies threatening to the government?

What do you think of the Alien Enemies Act?
Sedition Act

Who/What does the Sedition Act target?

Who created the Sedition Act? What events are they responding to? Check “gallery
notes”

Sedition is defined as “conduct or speech inciting people to rebel against the authority
of a state”. Do you think the types of speech described in the Act are seditious?
o Rephrase: What makes speech seditious?

Does the Sedition Act limit freedom? Hint: Compare it to the Bill of Rights.
o Follow up: What political parties or groups would support/oppose the Sedition
Act?