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Jeeves
Constitutional right to enter
Wed Nov 9, 2016 10:17am
68.62.57.31

"They have no Constitutional right to enter."

Actually, from the beginning the US had a completely open border policy. It wasn't until 1882 when the Chinese Exclusion Act was passed that we tried to control immigration at all.

The Constitution grants the federal government authority over naturalization, but doesn't grant anyone authority over immigration. Congress assumed the authority under the rather broad and vague authority to regulate commerce and economic activity, but if you are an originalist such as Scalia was, I don't see how you can justify the government having much authority to place many restrictions on immigration.
"The Constitution that I interpret and apply is not living but dead, or as I prefer to call it, enduring. It means today not what current society, much less the court, thinks it ought to mean, but what it meant when it was adopted."
http://www.npr.org/2016/02/14/466744465/originalism-a-primer-on-scalias-constitutional-philosophy

  • "prevent Muslims from coming to this country"Mondo Fuego™ , Wed Nov 9 7:20am
    Actually not a bad idea. They have no Constitutional right to enter. Islam is not just a "religion" ... it is a muslim constitution that is diametrically opposed to our Constitution and Western... more
    • Constitutional right to enter — Jeeves, Wed Nov 9 10:17am
      • "To Protect and Defend the Nation and The Constitution". Policy is not supported by the Constitution. Policy is the personal-preference, self-interest shit that politicians can get away with before... more
      • to enter? Yes, in the beginning there was virtually infinite resources. All you had to do was show up, head west, and hack yourself out a home out of the VIRTUALLY unlimited amount of FREE land out... more
        • You clearly aren't an originalistJeeves, Wed Nov 9 11:59am
          The federal government has no powers which are not granted by the Constitution. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for... more
          • If ...Mondo Fuego™ , Wed Nov 9 4:22pm
            "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Then the Federal Government has no... more
            • Technically correctJeeves, Thu Nov 10 3:34am
              Just as the feds regulate immigration under the authority to regulate commerce, they regulate abortion and same sex marriage under their authority to ensure privacy, equal protection under the law,... more
          • MUST include unlimited immigration based SOLELY on the desire of the prospective immigrant? If the federal gov't has the authority to set rules of naturalization then it CAN set rules that LIMIT... more
            • Do you know the definition of naturalization?Jeeves, Thu Nov 10 3:37am
              Because immigration and naturalization are not the same.
              • a citizen of our nation... and a PART of that is actually coming here at some point in the process... I think it is funny that you seem to believe this... But I'll go with it... So, according to your ... more
                • addresses the control of immigration. It doesn't, directly. And, according to the conservative, originalist philosophy of Constitutional interpretation, we should have open borders. I am neither an... more
                  • LOL.... Immigration and naturalization areSprout, Thu Nov 10 7:03am
                    SUPPOSED to be one process. It is only a fantasy that tries to separate the two... If you are VISITING a nation, you are not immigrating, and therefore have no reason to seek citizenship. But if you... more
                    • Of course they are relatedJeeves, Thu Nov 10 7:31am
                      From the beginning of the nation, Congress imposed a probationary period which immigrants must live in the country before they become eligible to apply for citizenship. The probationary period has... more
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