Illegal immigration and Arizona, part 2
During my last post, I stated that the federal government has filed suit against the State of Arizona because of its legally trying to have some control within the State in relation to illegal immigrants. According to the Peoria Journal Star’s news story on July 7, 2010, page A2; “The lawsuit filed in federal court in Phoenix said the law, due to take effect July 29, usurps the federal government’s ‘pre-eminent authority’ under the Constitution to regulate immigration.”
What does the United States Constitution say about regulating immigration? A reading of the Constitution and its Amendments finds the following: the words immigrant and immigration are NOT found anywhere in the Constitution! Consequently, we need to look more closely at some specific sections of the Constitution. The power to regulate anything, including immigration, is given to Congress through its power to pass laws. The powers of Congress are listed in Article I of the Constitution. I am listing only the powers given to Congress that have any substance in relation to the United States and other nations. These powers in the order listed in Article I, section 8 include:
1) “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;”
2) “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
3) “To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;”
4) “To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Laws of Nations;”
5) “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;”
6) “To raise and support Armies, but no Appropriation of Money to the Use shall be for a longer Term than two years;”
7) “To provide and maintain a Navy;”
8) “To make Rules for the Government and Regulation of the land and naval forces;”
Nothing in this Section of Article I gives the Congress direct control of immigrants—legal or illegal—WITHIN the United States although Congress does have the authority to make rules in relation to the naturalization process for people within the United States or coming to the United States who are not United States citizens.
Perhaps the Constitution prohibits the States from dealing with immigrants and immigration? Section 9 of Article I does prohibit some actions by the States. The relevant restrictions include the following:
1) “The Migration or Importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.” (This provision was a compromise put into the Constitution to allow the present 13 States to continue to import or export slaves, if the States so desired, until 1808—my addition.)
2) “No Tax or Duty shall be laid on Articles exported from any State.”
3) “No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obligated to enter, clear, or pay Duties in another.”
Section 10 of Article I contain these prohibitions:
1) “No State shall enter into any treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.”
2) “No State shall, without the Consent of the Congress, lay any Imports or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.”
3) No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”
Nothing in Sections 9 and 10 of Article I prevents the States from directly controlling immigrants—legal or illegal—WITHIN the boundaries of that State once a person has entered the United States. NOTHING!
However, there is one constitutional Amendment which is also relevant. Amendment X declares “The powers not delegated to the United States by the Constitution, nor prohibited by it to the Sates, are reserved to the States respectively, or to the people.”
The present administration would have the courts and the people of the United States to believe that a State can not pass laws within their State to regulation a complete class of people—illegal immigrants—who are living in or passing through that State. That is ABSURD NONSENSE!
When we are within the United States, we are all under the laws of the federal government. However, in a federal system, we are also under the laws of the State we are living in. When we travel from one State to another State, we are under the laws of the State that we are presently located. Why is that not also true for people who have illegally entered the United States? The present administration would have the courts and the people of the United States to believe that a State can not pass laws within their State to regulation a complete class of people—illegal immigrants—who are living in or passing through that State. That is ABSURD NONSENSE!
During my last post, I stated that the federal government has filed suit against the State of Arizona because of its legally trying to have some control within the State in relation to illegal immigrants. According to the Peoria Journal Star’s news story on July 7, 2010, page A2; “The lawsuit filed in federal court in Phoenix said the law, due to take effect July 29, usurps the federal government’s ‘pre-eminent authority’ under the Constitution to regulate immigration.”
What does the United States Constitution say about regulating immigration? A reading of the Constitution and its Amendments finds the following: the words immigrant and immigration are NOT found anywhere in the Constitution! Consequently, we need to look more closely at some specific sections of the Constitution. The power to regulate anything, including immigration, is given to Congress through its power to pass laws. The powers of Congress are listed in Article I of the Constitution. I am listing only the powers given to Congress that have any substance in relation to the United States and other nations. These powers in the order listed in Article I, section 8 include:
1) “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;”
2) “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;”
3) “To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;”
4) “To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Laws of Nations;”
5) “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;”
6) “To raise and support Armies, but no Appropriation of Money to the Use shall be for a longer Term than two years;”
7) “To provide and maintain a Navy;”
8) “To make Rules for the Government and Regulation of the land and naval forces;”
Nothing in this Section of Article I gives the Congress direct control of immigrants—legal or illegal—WITHIN the United States although Congress does have the authority to make rules in relation to the naturalization process for people within the United States or coming to the United States who are not United States citizens.
Perhaps the Constitution prohibits the States from dealing with immigrants and immigration? Section 9 of Article I does prohibit some actions by the States. The relevant restrictions include the following:
1) “The Migration or Importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.” (This provision was a compromise put into the Constitution to allow the present 13 States to continue to import or export slaves, if the States so desired, until 1808—my addition.)
2) “No Tax or Duty shall be laid on Articles exported from any State.”
3) “No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obligated to enter, clear, or pay Duties in another.”
Section 10 of Article I contain these prohibitions:
1) “No State shall enter into any treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.”
2) “No State shall, without the Consent of the Congress, lay any Imports or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.”
3) No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”
Nothing in Sections 9 and 10 of Article I prevents the States from directly controlling immigrants—legal or illegal—WITHIN the boundaries of that State once a person has entered the United States. NOTHING!
However, there is one constitutional Amendment which is also relevant. Amendment X declares “The powers not delegated to the United States by the Constitution, nor prohibited by it to the Sates, are reserved to the States respectively, or to the people.”
The present administration would have the courts and the people of the United States to believe that a State can not pass laws within their State to regulation a complete class of people—illegal immigrants—who are living in or passing through that State. That is ABSURD NONSENSE!
When we are within the United States, we are all under the laws of the federal government. However, in a federal system, we are also under the laws of the State we are living in. When we travel from one State to another State, we are under the laws of the State that we are presently located. Why is that not also true for people who have illegally entered the United States? The present administration would have the courts and the people of the United States to believe that a State can not pass laws within their State to regulation a complete class of people—illegal immigrants—who are living in or passing through that State. That is ABSURD NONSENSE!
posted by Christian Gunslinger at 4:54 AM
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