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The 10th amendment. Nowhere in the constitution is the Federal government granted power to restrict non-citizens from movement or employment. The constitution o

The 10th amendment. Nowhere in the constitution is the Federal government granted power to restrict non-citizens from movement or employment. The constitution only delegates to the Federal government the power to determine rules for naturalization. You might find useful this overview of the unconstitutionality of Federal immigration restrictions: https://tenthamendmentcenter.com/2017/12/13/the-constitutional-solution-to-immigration/ https://tenthamendmentcenter.com/2017/12/13/the-constitution...

gpm 6y ago
Wouldn't visas be interstate commerce?
- alexmingoia 6y ago
  No. A non-citizen moving from one place to another isn’t commerce among the states. A non-citizen working at a restaurant is also not commerce among the states. The purpose of the interstate commerce clause was to prevent states from enacting tariffs or banning goods from other states or nations. There’s plenty of analysis of the origin and intent of the commerce clause online if you’re interested.
nine_k 6y ago
Do you posit that Constitution never states the rights of the federal government to control entry to the territory of the US?
- alexmingoia 6y ago
  I don’t have to posit. It’s not in the constitution.
  - azangru 6y ago
    When you say "unconstitutional" though, do you mean "something that is not in the constitution" or "something that directly contradicts the constitution"?
    - Karunamon 6y ago
      I don't think those two things are meaningfully different. 10th amendment: 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.
  - JarlUlvi 6y ago
    Of course it is in the Constitution. tldr; Summary: The US Constitution authorizes the passing of laws. The US Constitution authorizes the regulation of taxes, duty, imposts and excises, and the general welfare. The US Constitution authorizes the regulation of Commerce with foreign nations The US Constitution authorizes penalizing violating the Laws of Nations (International Law) The US Constitution authorizes the President, with the Senate, to make treaties. The US Constitution requires the US Government to protect individual states from invasion So, whether you want to treat this as commerce, foreign nations, invasions, naturalization, international law, or just general welfare, it is in there. Do keep in mind that the US system of Laws is based on English Common Law in which citizens held certain rights not granted to aliens, or foreign powers. The US Constitution authorizes Congress to pass laws Section. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; ... To establish an uniform Rule of Naturalization ... To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations ... Article 2, Section 2 .... He (The President) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. ... Article 4, Section 4 ... The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
bagacrap 6y ago
My understanding of the Constitution is that it sets limits on government power, e.g. it can't pass a law that restricts free speech. It does not enumerate all the things the federal government may do.
- alexmingoia 6y ago
  One of those limits (10th amendment) is all powers not enumerated by the constitution are left to the states or the people. It’s ironic that one of the original grievances in the Declaration of Independence was the king restricting immigration to the colonies. Freedom of movement is a common law right going back to the Magna Carta: It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above.

gpm 6y ago

Wouldn't visas be interstate commerce?

alexmingoia 6y ago
No. A non-citizen moving from one place to another isn’t commerce among the states. A non-citizen working at a restaurant is also not commerce among the states. The purpose of the interstate commerce clause was to prevent states from enacting tariffs or banning goods from other states or nations. There’s plenty of analysis of the origin and intent of the commerce clause online if you’re interested.

nine_k 6y ago

Do you posit that Constitution never states the rights of the federal government to control entry to the territory of the US?

alexmingoia 6y ago
I don’t have to posit. It’s not in the constitution.
- azangru 6y ago
  When you say "unconstitutional" though, do you mean "something that is not in the constitution" or "something that directly contradicts the constitution"?
  - Karunamon 6y ago
    I don't think those two things are meaningfully different. 10th amendment: 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.
- JarlUlvi 6y ago
  Of course it is in the Constitution. tldr; Summary: The US Constitution authorizes the passing of laws. The US Constitution authorizes the regulation of taxes, duty, imposts and excises, and the general welfare. The US Constitution authorizes the regulation of Commerce with foreign nations The US Constitution authorizes penalizing violating the Laws of Nations (International Law) The US Constitution authorizes the President, with the Senate, to make treaties. The US Constitution requires the US Government to protect individual states from invasion So, whether you want to treat this as commerce, foreign nations, invasions, naturalization, international law, or just general welfare, it is in there. Do keep in mind that the US system of Laws is based on English Common Law in which citizens held certain rights not granted to aliens, or foreign powers. The US Constitution authorizes Congress to pass laws Section. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; ... To establish an uniform Rule of Naturalization ... To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations ... Article 2, Section 2 .... He (The President) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. ... Article 4, Section 4 ... The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

bagacrap 6y ago

My understanding of the Constitution is that it sets limits on government power, e.g. it can't pass a law that restricts free speech. It does not enumerate all the things the federal government may do.

alexmingoia 6y ago
One of those limits (10th amendment) is all powers not enumerated by the constitution are left to the states or the people. It’s ironic that one of the original grievances in the Declaration of Independence was the king restricting immigration to the colonies. Freedom of movement is a common law right going back to the Magna Carta: It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above.