Quoting from the Epoch Times Morning Brief, March 30, 2024, in an article discussing the role of the Judicial Branch in our border policies: "The U.S. Constitution gives Congress exclusive authority to create policies about the admissibility of individuals to the United States.
Good points, MJ. But right now don't we have to deal with the reality that Congress has assumed that responsibility and has delegated administration and enforcement to the Executive Branch? There are numerous ways that the letter and intent of our Constitution has been - and is - being ignored and violated. I have argued for a long time that we need to repeal the 16th and 17th Amendments. And replace them with new approaches. The 14th probably needs to be addressed as well. At some point, it seems to me, if we are going to restore America, then the States will have to call a Convention to propose solutions because Congress will never place limitations and fiscal restrictions on themselves. Thanks for your comments! Be well and happy!
When questions of Constitution arise I always refer to Lysander Spooner- " No Treason, The Constitution of No Authority". Written shortly after the tyrant Lincoln destroyed the voluntary union of states with Conscription and needless War. What kind of Union is held together by threat of violence?
A return to the Declaration of Independence and a resurrection of state and Individual Rights is perhaps the only hope to prevent Fascism's complete takeover of America. RFK has chosen as a VP the Great Reset agenda. There exists only zionist, AIPAC embracing choices for POTUS. The entire system is corrupt to the last person and agency. It is doubtful that without ending personhood for corporations America and the rest of the worlds population can be saved from the corporation ,banking Fascism. War both economic, psychologic and violent has been declared by the central regime against not just Americans , but the entire world to accept a One World Order that is tyranny disguised as freedom. "These are the times that try mens souls" - Thomas Payne.
Respectfully, there is no power/authority provided by the Constitution for the Judiciary, Executive, Legislature, or Bureaucracy regarding immigration (the logical place for such to be listed being AIS8C4). As such (per the Constitution) this is wholly a State matter.
"Reminder: One of the Declaration of Independence's justifications for revolting against George III was that he impeded immigration. Which might explain why the US Constitution forbids that power to the federal government." -- Thomas Knapp
"the US Constitution forbids that power to the federal government." -- Thomas Knapp"
A good point, though the author of the article here says that the Constitution grants that power to Congress. The fact of the matter is that the power was "granted" to Congress by the 14th Amendment. It was a power reserved to the states before that amendment was enacted without ratification.
Re-read the dubiously ratified 14th Amendment. No mention of immigration power being ascribed to anyone -- including the Congress.
"Don't take my word for it. James Madison himself:
"That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the “Alien and Sedition Acts” passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, and which by uniting legislative and judicial powers to those of executive, subverts the general principles of free government; as well as the particular organization, and positive provisions of the federal constitution; and the other of which acts, exercises in like manner, a power not delegated by the constitution, but on the contrary, expressly and positively forbidden by one of the amendments thererto; a power, which more than any other, ought to produce universal alarm, because it is levelled against that right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been justly deemed, the only effectual guardian of every other right."
"The Chinese Exclusion Case is the 1889 decision in which the Supreme Court first decided that the federal government had a general power to exclude immigrants, for virtually any reason it wanted. The Court's legal reasoning was execrable. The Court did not try to link this power to anything in the text of the Constitution. Instead, they upheld it based on the idea that the power to exclude migrants is one that every sovereign nation must be assumed to have. In so doing, they completely ignored the many flaws in this 'it's gotta be in there somewhere' theory. ... They also ignored the insistence of leading Founding Fathers, such as James Madison (the 'father of the Constitution') and Thomas Jefferson, that no such power was ever granted to the federal government." -- Ilya Somin
Good points, MJ. But right now don't we have to deal with the reality that Congress has assumed that responsibility and has delegated administration and enforcement to the Executive Branch? There are numerous ways that the letter and intent of our Constitution has been - and is - being ignored and violated. I have argued for a long time that we need to repeal the 16th and 17th Amendments. And replace them with new approaches. The 14th probably needs to be addressed as well. At some point, it seems to me, if we are going to restore America, then the States will have to call a Convention to propose solutions because Congress will never place limitations and fiscal restrictions on themselves. Thanks for your comments! Be well and happy!
When questions of Constitution arise I always refer to Lysander Spooner- " No Treason, The Constitution of No Authority". Written shortly after the tyrant Lincoln destroyed the voluntary union of states with Conscription and needless War. What kind of Union is held together by threat of violence?
A return to the Declaration of Independence and a resurrection of state and Individual Rights is perhaps the only hope to prevent Fascism's complete takeover of America. RFK has chosen as a VP the Great Reset agenda. There exists only zionist, AIPAC embracing choices for POTUS. The entire system is corrupt to the last person and agency. It is doubtful that without ending personhood for corporations America and the rest of the worlds population can be saved from the corporation ,banking Fascism. War both economic, psychologic and violent has been declared by the central regime against not just Americans , but the entire world to accept a One World Order that is tyranny disguised as freedom. "These are the times that try mens souls" - Thomas Payne.
Respectfully, there is no power/authority provided by the Constitution for the Judiciary, Executive, Legislature, or Bureaucracy regarding immigration (the logical place for such to be listed being AIS8C4). As such (per the Constitution) this is wholly a State matter.
"Reminder: One of the Declaration of Independence's justifications for revolting against George III was that he impeded immigration. Which might explain why the US Constitution forbids that power to the federal government." -- Thomas Knapp
"the US Constitution forbids that power to the federal government." -- Thomas Knapp"
A good point, though the author of the article here says that the Constitution grants that power to Congress. The fact of the matter is that the power was "granted" to Congress by the 14th Amendment. It was a power reserved to the states before that amendment was enacted without ratification.
Re-read the dubiously ratified 14th Amendment. No mention of immigration power being ascribed to anyone -- including the Congress.
"Don't take my word for it. James Madison himself:
"That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the “Alien and Sedition Acts” passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, and which by uniting legislative and judicial powers to those of executive, subverts the general principles of free government; as well as the particular organization, and positive provisions of the federal constitution; and the other of which acts, exercises in like manner, a power not delegated by the constitution, but on the contrary, expressly and positively forbidden by one of the amendments thererto; a power, which more than any other, ought to produce universal alarm, because it is levelled against that right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been justly deemed, the only effectual guardian of every other right."
"The Chinese Exclusion Case is the 1889 decision in which the Supreme Court first decided that the federal government had a general power to exclude immigrants, for virtually any reason it wanted. The Court's legal reasoning was execrable. The Court did not try to link this power to anything in the text of the Constitution. Instead, they upheld it based on the idea that the power to exclude migrants is one that every sovereign nation must be assumed to have. In so doing, they completely ignored the many flaws in this 'it's gotta be in there somewhere' theory. ... They also ignored the insistence of leading Founding Fathers, such as James Madison (the 'father of the Constitution') and Thomas Jefferson, that no such power was ever granted to the federal government." -- Ilya Somin