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Civics 101

What is the Alien Enemies Act?

Civics 101

NHPR

History, Government, Society & Culture

4.22.6K Ratings

🗓️ 3 June 2025

⏱️ 21 minutes

🧾️ Download transcript

Summary

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: 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! Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Hey everyone, just a quick and exciting note before today's episode. We have a new Civics 101

0:06.3

tote bag thank you gift. It's my favorite one yet because it defines the separation of powers

0:11.7

in big, bold letters. For a one-time $60 donation or $5 a month, you too can share this

0:18.7

definition with anyone you meet in the world who you think

0:21.4

might need to know it. Click the link in the show notes to take a look at it or go to our website

0:26.0

civics 101podcast.org. And thank you so much for listening. Keep doing it. Did you hear that?

0:37.1

I hear it.

0:39.3

Oh, it's spooky.

0:40.9

The thunder's back, so...

0:42.7

Oh, great.

0:44.7

No, I like it.

0:46.1

I like it. I think it's good.

0:48.2

All right. All right.

0:50.0

You know what?

0:50.6

I can say that I am...

0:53.7

So frustrating.

0:56.3

I like the thunder.

0:57.8

It's a nice effect.

0:59.1

Okay.

0:59.9

Also, for what it's worth, I'm wearing two sets of headphones right now.

1:07.0

All right.

1:07.6

Hello, Hannah.

...

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