it was the states that dominated in terms of regulation of immigrants, and state governments were considered to be well within their rights when it came to the regulation — and even deportation — of immigrants.
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While some people believe the best response to current federal immigration policies lies in a strategy based on lawsuits and winning in the next two election cycles, a potentially more effective one is already happening right now.
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Once upon a time, the ideals behind the idea of locally-controlled state militias offered an important check against centralized executive power.
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Claiming that mandatory E-Verify is necessary to stop illegal immigration does not make it constitutional.
DetailsCalifornia has elected to become a sanctuary state, and it should bear the responsibility for the burdens this policy creates.
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Most Americans reflexively assume the federal government has absolute control over immigration matters. But James Madison’s response to America’s first immigration crisis casts doubt on this idea.
DetailsThe immigration debate continues to rage, and as is normally the case, the solutions of the left and the right both end up in the exact same place: a larger federal government.
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The state and federal governments have always been at loggerheads, since virtually the first days of the Republic.
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The issue of immigration and how to deal with aliens is nothing new. In fact, the issue divided the country in 1798.
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In this post and a second one, I will consider originalist approaches to the constitutionality of the President’s ban on travel to the U.S. by citizens of seven foreign nations.
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Claiming that the federal government possesses an immigration power through an inherent attribute of sovereignty is a stake in the heart of the enumerated powers and the Tenth Amendment.
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Throughout a period spanning over two decades in the 19th century, northern states rejected and refused to honor rendition requests under the Fugitive Slave Acts of 1793 and 1850. Today, we see a similar dynamic at play
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The Constitution. Every issue, every time. No exceptions, no excuses.
