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Jeeves
You clearly aren't an originalist
Wed Nov 9, 2016 11:59am
68.62.57.31

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 the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Native American Tribes;

To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The federal government is explicitly granted authority to regulate naturalization, but immigration isn't mentioned.

You could argue that the 10th Amendment grants the states the power to regulate immigration:
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.

However, the federal has claimed authority to regulate immigration based on the commerce clause, so that's moot.


  • 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 originalist — Jeeves, Wed Nov 9 11:59am
      • 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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