|
|
 |
 |
 |
 |
 |
 |
|
|
John Adams Influence on the Bill of Rights |
 |
 |
 |
 |
|
| |
| |
John Adams - 2nd President 1735-1826
Birth and Education | Legal Career | Continental Congress | Declaration of Independence | Meeting with Lord Howe | Ambassador to France | Ambassador to England | Vice President and President | Retirement and Death
Bill of Rights
"The body politic is . . . a social compact, by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good." (On the Constitution) -- John Adams
 In word and in action, John Adams did much to shape the Bill of Rights. His life as a fierce crusader for colonial independence from Britain, as a foreign diplomat, as a political thinker, and as Americas second president bears great testimony to a man passionately devoted to individual rights. The passage of the Alien and Sedition Acts of 1798 during the Adams Administration, however, brought into question the principle of federalism and whether the national government may restrict speech and the press. The action continues to provoke debate among historians, many of whom regard it as a black mark on Adams long, distinguished career.
On the Need for a Declaration of Rights
While in London as a foreign diplomat in 1787, Adams maintained a keen interest in the proceedings at the Constitutional Convention, taking place in Philadelphia during that summer. Upon receiving a copy of the proposed Constitution, Adams drafted a short letter to Thomas Jefferson, who was in Paris as a treaty-negotiating commissioner. The Constitution seemed admirably calculated to preserve the Union, Adams wrote, but he believed some additions were needed for the document to be complete. What think you of a Declaration of Rights? he asked. Should not such a Thing have preceded the Model? Jefferson subsequently pressed James Madison, overseas in Virginia, to yield to the anti-federalist demand for the Bill of Rights as a condition for ratifying the proposed Constitution.
To Adams, the need to set out a declaration of rights before laying out the framework of government seemed obvious. It was an error, in his view, to omit a bill of rights from the original Constitution. As a colonial leader through the Revolutionary Era, and as the head of the committee that drafted the Declaration of Independence in 1776, Adams had fought to preserve certain rights and liberties for his fellow countrymen. In fact, he was one of the first colonial leaders to call for a break with England in the years leading up to the Revolutionary War. Adams understood that the last thing Americans wanted was a new government infringing upon their rights.
Author of the Massachusetts Constitution
Adams considered his colonial experience when he drafted A Constitution or Form of Government for the Commonwealth of Massachusetts. Enacted in 1780, the Massachusetts Constitution remains the oldest functioning written constitution in the world. It was also one of Adams proudest achievements. Adams placed A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts immediately after the Preamble of the state constitution and before the Second Part, which established the frame of government.
Adams modeled the Massachusetts Declaration of Rights to a large degree after George Masons Virginia Declaration of Rights, passed in 1776. Adams wrote that all men were born equally free and independent with certain natural, essential, and unalienable rights. Among those rights he sought to guarantee were freedom of speaking and liberty of the press. Adams sought to protect the rights of the accused, as well, by instituting prohibitions against unreasonable searches and seizures and by codifying the right to trial by jury.
Adams also touched on the issue of religious freedom. Dating from its colonial origins, Massachusetts had established the Congregational Church as its state religion, and Adams supported this longstanding tradition. At the same time, he expanded religious toleration for non-Congregationalists. Adams pronounced in the Massachusetts Declaration of Rights that no one was to be hurt, molested, or restrained in his person, liberty, or estate for worshipping God in the manner most agreeable to the dictates of his own conscience, as long as he did not disturb the public peace.
Protection Against Unreasonable Search and Seizure Adams influence on the United States Bill of Rights is most clearly seen in his provision on search and seizure. Article XIV of the Massachusetts Declaration of Rights reads:
Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure: and no warrant ought to be issued but in cases, and with the formalities prescribed by the laws.
No other right in the Massachusetts constitution received such emphasis. This emphasis is not surprising, given the many violations of property rights Massachusetts citizens experienced through unreasonable searches and seizures by their colonial authorities, the British. Adams emphasis on protecting individuals against unreasonable searches, and seizures would become the central principle of the Fourth Amendment to the U.S. Constitution.
A Right to Trial by Jury
Throughout his life, Adams tried to put his ideals into personal practice. One such ideal was the right of the accused to a trial by jury. Among other actions that inflamed the spirit of the colonists, the British Parliament imposed the Stamp Act of 1765 authorizing admiralty courts to enforce its provisions. Adams objected to such offensive actions during a Boston town meeting in 1772, saying: But the most grievous innovation of all, is the alarming extension of the power of courts of admiralty. In these courts, one judge presides alone! No juries have any concern there! The law and the fact are both to be decided by the same single judge.
As Adams decried the British for depriving the colonists one of the most essential rights and liberties, so he would not let his fellow Americans deny the same to the British. In the wake of the infamous Boston Massacre of 1770, Adams was that the accused British soldiers receive a fair hearing, despite his own standing as a patriot. To ensure due process for the soldiers, Adams agreed to defend them at the trial. This action did not come without consequences, as he lost over thirty law clients as a result of his defense of the soldiers.
Alien and Sedition Acts vs. Federalism and Free Speech Later, as president (1797-1800), the challenge of leading the young and fragile United States of America during a period of foreign hostilities put Adams devotion to preserving constitutional principles to the test. During the Quasi-War with France and on the heel of the XYZ affair, Adams, under great pressure from members of his own Federalist party and from his wife, Abigail, placed his signature to the Alien and Sedition Acts of 1798. Federalists in Congress designed the Alien and Sedition Acts to thwart opinions uttered or published that were critical of incumbent office holders and their policies.
By signing the Acts, Adams intended to protect the American government from a populist uprising in support of France and the ideals of the French Revolution. He and the Federalists feared that American radicals might instigate a bloody reign of terror like that were taking place in France. Like so many other Founders, Adams knew from his studies of history how easily democratic nations could descend into anarchy or give rise to tyranny.
Thomas Jefferson and other Republicans objected to the Adams Administration passing the Alien and Sedition Acts, since, they said, it violated a key principle of federalism. In short, by passing the Acts the Federalist Party had given Congress a power it did not rightfully have. Jefferson and his ally, James Madison, argued in the Kentucky and Virginia Resolutions that under the principle of federalism, the states had the power to punish seditious libel (untrue statements about the government), but, under the First Amendment, Congress did not. Adams, because of pressure from members of his own Party and the Quasi-War with France, disagreed.
Modern detractors point to Adams decision to sign of the Alien and Sedition Acts as the low point of his career, arguing that Adams was not a friend, but an enemy of individual rights. Adams, however, was reluctant to support the Acts restrictions of fundamental rights. Nevertheless, he believed his actions were legitimate, given the circumstances of the Quasi-War with France, and the fact that Congress, the peoples representative body within the Federal government, had passed the Acts.
In the years since Adams presidency, other chief executives, especially in times of war, have similarly suspended the First Amendments protections of free speech and free press. As Adams opponent in the election of 1800, Jefferson led the opposition to the Alien and Sedition Acts, despite his strong support for similar sedition acts in the various states. Once elected president, however, Jefferson instituted draconian measures that were reminiscent of those for which he criticized Adamsby enforcing the Embargo Act of 1807. During World War I, Woodrow Wilson likewise placed limitations on free speech under the Espionage and Sedition Acts of 1917. In the midst of the Civil War, Abraham Lincoln went even further, unilaterally placing restrictions on the press and other civil rights without consulting Congress.
Regardless, Adams consistent defense of the right to a trial by jury and his efforts to ensure protections against illegal searches and seizures, rank him among Americas greatest defenders of the rights of the accused. Adams argued for the Bill of Rights, and was then pleased to see it modeled, in part, on his own Massachusetts Declaration of Rights. His principled, and often controversial, stands cost him personally in lost friends, clients, and elections. Still, the United States Constitution and Americas legacy of freedom are indelibly marked by John Adams influence. Critical Thinking and Discussion Questions
Comprehension
1. What legislation is considered by some historians to be a black mark on a John Adams long, distinguished career?
2. Why was Adams not a part of the Constitutional Convention in Philadelphia in 1787?
3. What was Adams reaction to the proposed Constitution out of the Constitutional Convention in Philadelphia?
4. According to the essay, what document was one of Adams proudest achievements?
5. What did Adams believe was the first priority of a new constitution?
6. After what document was the Massachusetts Declaration of Rights modeled?
7. What language of the Constitution or Form of Government for the Commonwealth of Massachusetts reflects language used in the U.S. Bill of Rights?
8. Where is Adams influence on the United States Bill of Rights most clearly seen?
9. Why did Adams choose to defend the British soldiers involved in the Boston Massacre of 1770? What did he lose as a result of the decision?
10. What did the Sedition Act prohibit?
11. Why did Adams support the Alien and Sedition Acts?
12. Who led opposition to the Alien and Sedition Acts, despite his strong support of similar sedition acts in the various states?
13. According to the essay, what other presidents have limited First Amendment protections?
14. What was Jeffersons main objection to the Alien and Sedition Acts?
15. How is the American Constitution and Americas legacy indelibly marked by John Adams influence?
Analysis
1. Place six events in Adams life as described in the essay in chronological order.
2. Why did Adams think it obvious to set out a declaration of rights in the new Constitution?
3. What impact, potentially, did Adams correspondence with Thomas Jefferson have on the inclusion of a Bill of Rights in the Constitution?
4. Locate the language in the Bill of Rights that reflects language of the Constitution or Form of Government for the Commonwealth of Massachusetts.
5. Why would critics of Adams state that the passage of the Alien and Sedition Acts was a low point in his political career?
6. When, if ever, should the state or federal government have the right to limit Americans freedoms or speech and press? Comprehension
1. What legislation is considered by some historians to be a black mark on a John Adams long, distinguished career?
--The Alien and Sedition Acts of 1798
2. Why was Adams not a part of the Constitutional Convention in Philadelphia in 1787?
--He was working in London as a foreign diplomat.
3. What was Adams reaction to the proposed Constitution out of the Constitutional Convention in Philadelphia?
--He wanted to add a Declaration of Rights.
4. According to the essay, what document was one of Adams proudest achievements?
--A Constitution or Form of Government for the Commonwealth of Massachusetts
5. What did Adams believe was the first priority of a new constitution?
--To ensure and protect individual rights
6. After what document was the Massachusetts Declaration of Rights modeled?
--George Masons Virginia Declaration of Rights.
7. What language of the Constitution or Form of Government for the Commonwealth of Massachusetts reflects language used in the U.S. Bill of Rights?
--Among those rights he sought to guarantee were freedom of speaking and liberty of the press. He assured that no one would hurt, molested, or restrained in his person, liberty, or estate for worshipping God in the manner most agree able to the dictates of his own conscience, as long as he did not disturb the public peace. Adams also sought protections for the accused by instituting protections against unreasonable searches and seizures and the right to trial by jury.
8. Where is Adams influence on the United States Bill of Rights most clearly seen?
--Fourth Amendment protections concerning search & seizure
9. Why did Adams choose to defend the British soldiers involved in the Boston Massacre of 1770? What did he lose as a result of the decision?
--He wanted to insure that the British soldiers rights were respected and that they received a fair hearing. At a minimum, thirty clients in his legal practice as well as damage to his reputation as a patriot.
10. What did the Sedition Act prohibit?
The Acts were designed to discourage the dissemination of opinions critical of government or those working in it.
11. Why did Adams support the Alien and Sedition Acts?
--Adams intended to protect the fledgling American government from a populist uprising in support of France and the ideals of the French Revolution.
12. Who led opposition to the Alien and Sedition Acts, despite his strong support of similar sedition acts in the various states?
--Thomas Jefferson
13. According to the essay, what other presidents have limited First Amendment protections?
--Thomas Jefferson, Embargo Act of 1807; Woodrow Wilson, Espionage and Sedition Acts of 1917; and Abraham Lincoln, during the Civil War.
14. What was Jeffersons main objection to the Alien and Sedition Acts?
--The Act violated a key principle of federalism, i.e. that states have the power to punish seditious libel, not Congress.
15. How is the American Constitution and Americas legacy indelibly marked by John Adams influence?
--Adams consistent defense of the right to a trial by jury, efforts to ensure protections against illegal searches and seizures, arguments for the Bill of Rights, principled, and often controversial, stands which cost him personally in lost friends, clients, and elections.
Analysis
1. Place six events in Adams life as described in the essay in chronological order.
a. 1770 - defended the British soldiers on trial for their role in the Boston Massacre
b. 1772 - objected to the Stamp Acts authorization of admiralty courts without juries
c. 1776 - colonial leader and head of the committee that drafted the Declaration of Independence; fought to preserve certain rights and liberties for his fellow countrymen; one of the first colonial leaders to call for a break with England
d. 1780 - Adams drafted A Constitution or Form of Government for the Commonwealth of Massachusetts.
e. 1797-1800 - President of the United States
f. 1798 - Alien and Sedition Acts
2. Why did Adams think it obvious to set out a declaration of rights in the new Constitution?
--After suffering infringements on rights at the hands of the British, the last thing patriots would want is a new government that infringed upon the rights of Americans.
3. What impact, potentially, did Adams correspondence with Thomas Jefferson have on the inclusion of a Bill of Rights in the Constitution?
--Arguably, Adams played a part in influencing Jefferson to press James Madison into accepting the anti-federalist demands for a Bill of Rights as a condition to ratifying the Constitution.
4. Locate the language in the Bill of Rights that reflects language of the Constitution or Form of Government for the Commonwealth of Massachusetts.
--First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
--Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.
--Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5. Why would critics of Adams state that the passage of the Alien and Sedition Acts was a low point in his political career?
--To the modern American, Adams might appear hypocritical; on the one hand, promoting liberty, and on the other passing legislation that limits freedoms of speech and press. It was of more significance at the time, however, that Adams signed legislation that gave Congress the power to do something that was, until that point, limited to the states. The question is one of federalism rather than infringement on individual liberty.
6. When, if ever, should the state or federal government have the right to limit Americans freedoms or speech and press?
--Answers will vary. Some students may articulate ways that the government limits expression (fire in a crowded theater, obscenity, etc.). Others may note that in times of war the government is/is not justified to limit speech supportive of the enemy or critical of the government.
|
|
|
|
|
|
The U. S. Constitution
