A legal-technical limit on federal power steered the Red Scare against foreigners

Evidence

The United States government possessed only one legal instrument for stamping on the propaganda activities which the postwar radicals conducted. It could deport the foreigners who supposedly were causing all the trouble; or, rather, it could deport those who had not acquired citizenship. This limitation on federal power tended to accentuate the anti-foreign emphasis in the Red Scare, for the whole weight of the distinctively national attack on radicalism fell upon the immigrants. โ€” John Higham, Strangers in the Land, 1361

Categorization

  • QUESTION: Counterfactual: had federal sedition powers persisted, would anti-foreign nativism have peaked so high?
  • XREF: connects to: Immigration restrictions climaxed a wartime cascade of anti-foreign statutes โ€” John Higham, Strangers in the Land: Patterns ofโ€ฆ, 1806; Nativists pursued naturalization restriction chiefly to curtail foreign-born political power. โ€” John Higham, Strangers in the Land: Patterns ofโ€ฆ, 581; A domestic terrorist attack by a citizen triggered laws targeting immigrants (+2 more)

Broader Connections