What is the Alien Enemies Act?

The Alien Enemies Act is a war power granted to the president that has only been used four times in US history since its creation in 1798. It allows the president to order the detention and deportation of noncitizens from "enemy" nations during war, invasion, or predatory incursion. When it was created, the US had a very different understanding of Constitutional rights, including due process, than we do today. We talk about how the Alien Enemies Act has been used throughout history, and how Constitutional law has evolved since 1798.

Helping us out is Liza Goitein. She is the senior director of the Brennan Center’s Liberty and National Security Program.

CLICK HERE TO DONATE TO THE SHOW AND CHECK OUT OUR NEW TOTE BAG!CLICK HERE: • Visit our website to see all of our episodes, donate to the podcast, sign up for our newsletter, get free educational materials, and more! • To see Civics 101 in book form, check out A User's Guide to Democracy: How America Works • by Hannah McCarthy and Nick Capodice, featuring illustrations by Tom Toro. • Check out our other weekly NHPR podcast, Outside/In • - we think you'll love it!