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The constitution doesn't say what the federal government is disallowed from doing. The constitution says what the federal government is allowed to do, and they
by philipov 2y ago
The constitution doesn't say what the federal government is disallowed from doing. The constitution says what the federal government is allowed to do, and they are not allowed to do anything it doesn't say.
- withinboredom 2y agoIf this is the case, how are they allowed to issue passports?
- philipov 2y agoGood question! I think the short answer is because the Supreme Court has interpreted the constitution as having granted that power. It is not an open-and-shut case, however, and stems from the constitution's grant of power for Congress to control the Rule of Naturalization, and from the 14th amendment. A conservative reading of the constitution, however, might imply that Congress does not have the power to bar entry to foreign nationals. > Article 1, § 8, clause 4, of the United States Constitution specifically grants Congress the power to establish a "uniform Rule of Naturalization." http://hrlibrary.umn.edu/immigrationlaw/chapter2.html http://hrlibrary.umn.edu/immigrationlaw/chapter2.html > This passport function, recognized since 1835, is one of the privileges and immunities of American citizens protected by the Fourteenth Amendment. https://www.yalelawjournal.org/forum/citizenship-passports-and-the-legal-identity-of-americans https://www.yalelawjournal.org/forum/citizenship-passports-a...