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When you compare something to the Alien and Sedition Acts, you should remember that the Alien and Sedition Acts almost led to the destruction of the Union entir
by ameister14 14y ago
When you compare something to the Alien and Sedition Acts, you should remember that the Alien and Sedition Acts almost led to the destruction of the Union entirely and laid the philosophical foundation for the Civil War.
The framers put in the Supremacy Clause in order to effectively limit the sovereignty of the States. Madison and others wanted to go a step farther and add in the negative, but they lost that argument by the vote of one state, the deciding argument being that the Supremacy Clause would allow the Federal government sufficient power to control any State law so egregious as to need federal attention.
They were actually worried about things like that because the Massachusetts State Constitution had failed so completely. As Madison wrote in a 1787 letter to Jefferson, "The mutability of the laws of the States is found to be a serious evil. The injustice of them has been so frequent and so flagrant as to alarm the most stedfast friends of Republicanism"
Re: freedom, I don't think we're particularly less free than we once were, save on the frontiers and most of that is perception, not fact. However, setting precedent for the accepted encroachment of rights, or even the perception thereof, is very dangerous to do on a Federal scale.