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Notes -
I find the AEA argument to be quite weak in this case. For the TDA members and their supporters. The AEA was passed when John Adams was President and Thomas Jefferson, his main political rival, was Vice-President. If we transported both to 2025 and had someone neutrally describe TDA, with no conclusion language or question begging (i.e. don't use "invading army", "criminal gang" etc to describe them), describing their place of origin, appearance, and actions both would agree on the outcome. It would go something along the lines of, "Sure I guess we can expel them with the AEA, but why not just hang them like we do with the rest of the Indian warbands that do those things?"
So the dilemma is not real a dilemma about the AEA, its a dilemma about whether expulsion or public execution within 48 hours is the more appropriate punishment. Due process is not something appropriate for foreign savages, both would tell you. In criminal courts it is for co-citizens like the British soldiers Adams defended in court, or for uniformed British soldiers eventual President Andrew Jackson would take prisoner during the war of 1812, who would be held pending the outcome of the war, or immediately expelled under the AEA, depending on what was militarily appropriate. Jefferson, in his later years might note that very few Barbary pirates were ever afforded the opportunity to surrender in that war, mostly ships were left to sink or set ablaze with losses frequently being total.
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