Tuesday, April 14, 2015

States Might, After all, Deserve a Say on Immigration

   Okay, the Constitution gives Congress power over naturalization, and in the past, I've assumed that means over immigration, but does it?
   Considering on it tonight, it occurs to me naturalization means just that, naturalization -- rules on how to be naturalized -- once you are already here. It isn't referring to rules on coming here, just to rules on how to be naturalized once you are here.
   I've thought on our first citizenship laws, of how they don't say immigrants can't come, but rather how they just spell out what they shall do once they are here be naturalized. I've wondered that many of the founding fathers may not have even had the thought that people would be restricted from coming here.
   So, if Article 1, Section 8 is referring only to naturalization (granting Congress power to establish a uniform rule of naturalization), and not to immigration, itself, then what of the 10th Amendment, where it says, the powers the Constitution does not delegate to the federal government, if they be not prohibited to the states, are then reserved to the states and to the people.
   Are there other parts in the Constitution that weigh on the issue? How about Article 4, Section 3, where it says Congress shall have power to make needful rules concerning the territory and property belonging to the U.S. and nothing else in the Constitution shall be construed as to prejudice any claims of the U.S., or -- get this -- of any particular state. My thought is, that gives both Congress and the states power.
   Or, how about Article I, Section 9? There it says, the migration and importation of whatever persons the state shall think proper to admit shall not be prohibited by Congress prior to the year 1808. Perhaps that was written with a thought that slavery would someday be prohibited. Still, it carries the weight of giving states the right to bring such persons as they "think proper to admit," unless Congress says otherwise.  The trick with this clause, though, is that Congress, indeed, has ruled against much of our immigration.
   It can be argued, though, that this clause does not stand against the 10th Amendment's giving the right to the states. I say this because it was arguably written to restrict no more immigration than the forced immigration of the slaves.




No comments:

Post a Comment