We continue our conversation on the Alien Enemies Act, this week looking at some of the arguments that critics of the legislation raise. 

We start by looking at one of its earliest critics, Thomas Jefferson, who argued that the Alien Enemies Act bordered on tyranny and argued that the president should not have unilateral power to remove or arrest those who the president feels is a risk, without due process. We also look at the argument that the act is outdated, as it calls for use during times of declared war, and most modern conflicts do not include a formal declaration, thus creating a space of ambiguity that critics argue leaves space for misapplication.