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If this is the case, how are they allowed to issue passports?
by withinboredom 2y ago
If 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...