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Reply #15: Strict constructionists should admit that Congress has no power [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Sun May-21-06 05:53 PM
Response to Reply #2
15. Strict constructionists should admit that Congress has no power
to keep aliens out, interestingly. - but if you read the Constitution it only says that "Congress shall provide a uniform rule of Naturalization" along with Bankruptcy, and the only concern was that the states not have different laws. It doesn't say Congress can make any law keeping an alien out or that it can deport anyone.

The founding fathers thought only in terms of populating the continent in their day, and they saw nothing wrong with immigration completely unrestricted, as in reality, it could not really be restricted in those days. Deporting someone then was impractical - they could just come right back.

The first immigration restrictions really did require a Constitutional Amendment, when you think about it. I guess nativist sentiment of the 19th century, (which, when you read it, is amazingly similar to 21st century nativism) overwhelmed any such thought.

This argument is not nearly as crazy as the ones that say the income tax is invalid. Nobody thought this one through, period, during the years of restricting laws.

So if there is an "immigration debate" it is undermined by the fact it shoud have taken place long ago, but no legal minds every thought of it.
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