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Understanding the Constitution: The Power to Restrict Immigration

Understanding the Constitution: The Power to Restrict Immigration

by Rob Natelson | Oct 2, 2022 | Constitution, Define and Punish Clause, Law of Nations

The Constitution doesn’t use the word “immigration.” Those consulting the constitutional debates of 1787–1790 (such as the essays in “The Federalist”) will find no discussion of the subject. Consequently, some modern writers argue that, constitutionally, America...
The Anti-Commandeering Doctrine Isn’t About Constitutionality

The Anti-Commandeering Doctrine Isn’t About Constitutionality

by Mike Maharrey | Aug 5, 2021 | Anti-Commandeering Doctrine

State and local governments can legally refuse to cooperate with the enforcement of federal laws and the implementation of federal programs. And this is key – whether those laws or programs are constitutional or not. Refusal to cooperate with federal enforcement...
Marshall and Madison on Immigration Power

Marshall and Madison on Immigration Power

by Michael D. Ramsey | Oct 16, 2019 | Constitution, Immigration and Naturalization, Kentucky and Virginia Resolutions

I’ve now had time to read and think about John Marshall’s comments on Congress’ power over immigration (or, strictly speaking, the comments in the 1799 report of the minority of the Virginia Legislature, attributed to Marshall), recommended by Kurt...
Weaponizing People for Political Gain is Nothing New

Weaponizing People for Political Gain is Nothing New

by Suzanne Sherman | Apr 16, 2019 | Current Events, Immigration

On April 12, 2019, the Los Angeles Times published an article headlined “Trump Threatens to Dump Immigrants into California’s ‘Sanctuary Cities.” The article explains that the plan involves busing migrants held in detention centers near the border and...
The Chief Justice Takes On the President

The Chief Justice Takes On the President

by Judge Andrew Napolitano | Nov 28, 2018 | Current Events

When Donald Trump became president, he swore an oath to uphold the Constitution and enforce federal laws “faithfully.” James Madison, who was the scrivener at the Constitutional Convention, insisted on using the word “faithfully” in the...
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