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Regarding constitutionality, FYI: Back when the U.S. constitution was written, visas did not exists, and getting permission to immigrate was uncommon. You cou
by winter_blue 11y ago
Regarding constitutionality, FYI:
Back when the U.S. constitution was written, visas did not exists, and getting permission to immigrate was uncommon. You could literally walk into most countries without any papers. As such, the enumerated powers of Congress actually only contains the power "To establish an uniform Rule of Naturalization" (Article I, Section 8, Clause 4). Nothing about restricting immigration.
The US did not regulate immigration at all until the passage of the Chinese Exclusion Act (1882). The Act was challenged in the courts, and the SCOTUS ruled that Congress' power to "To establish an uniform Rule of Naturalization" meant that it could also exclude people from entering the country – which is quite a stretch. For more, see: http://openborders.info/blog/immigration- http://openborders.info/blog/immigration-
Popular opinion at the time was that Chinese and other Asian people were unfit to be part of American society, and the SCOTUS was willing to stretch the meaning of those words in the Constitution to grant Congress the new powers necessary to exclude them.