what does the consitution say about immigration? (1 Viewer)

[FallingPianos]

I cant find anything that gives the congress the power the control immigration.

this is the closest ive found

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

article IV section 4.

here is the definition of "invasion" from wikipedia:

An invasion is a military action consisting of armed forces of one geopolitical entity entering territory controlled by another such entity, generally with the objective of conquering territory or altering the established government. An invasion can be the cause of a war, it can be used as a part of a larger strategy to end a war, or it can constitute an entire war in and of itself.

this definition of invasion would obviously not apply to illegal immigrants.

do any of you know the more precise legal definition used in the constitution, or know of any supreme court cases that apply?

 

[LogicalReason]

The closest I could find.

Article I.
Section. 9.
Clause 1:

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

Im not sure if that means that after 1808 Congress is allowed to prohibit immigrants.

 

[FallingPianos]

The closest I could find.

Article I.
Section. 9.
Clause 1:



Im not sure if that means that after 1808 Congress is allowed to prohibit immigrants.

according to wikipedia, this refers to the slave trade:

Although the international slave trade was allowed until 1808, Congress prohibited it on January 1, 1808, the first day it was permitted to do so. Until 1808, however, the Constitution permitted Congress to levy a maximum duty of ten dollars per slave imported into the United States.

http://en.wikipedia.org/wiki/Articl...es_Constitution#Section_9:_Limits_on_Congress

 

[Simon W. Moon]

Article I.
Section 8

To establish an uniform Rule of Naturalization

 

[BodiSatva]

Sure star, that is one definition of an invasion.
Another might simply be an encroachment or an intrusion into a territory.
The United States IS being invaded by ILLEGAL ALIENS.
the INVASION is unofficially sponsored by two governments and the drug cartels of Mexico.

 

[FallingPianos]

Article I.
Section 8

To establish an uniform Rule of Naturalization

thats how one aquires citizenship, not who can be in the country.

 

[FallingPianos]

Sure star, that is one definition of an invasion.
Another might simply be an encroachment or an intrusion into a territory.

im interested in exactly what is meant by the word in the constitution.

 

[zymurgy]

im interested in exactly what is meant by the word in the constitution.

Simon correctly pointed out the portion that makes all other discussion on this subject moot.

 

[FallingPianos]

Simon correctly pointed out the portion that makes all other discussion on this subject moot.

as I said to simon, thats how one aquires citizenship, not who can be in the country.

 

[Simon W. Moon]

thats how one aquires citizenship, not who can be in the country.

Article 1
Section 8
Clause 18:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers...
​

Perhpaps they have construed that regulating immigration is somehow related to the natutralization issue.

 

[zymurgy]

as I said to simon, thats how one aquires citizenship, not who can be in the country.

That is the section of the constitution that gives the goverment power over immigration.


So, how do they have power over naturalization without having power over those that are not citizens?

 

[FallingPianos]

Perhpaps they have construed that regulating immigration is somehow related to the natutralization issue.

I dont see how, they're very different issues.

 

[FallingPianos]

So, how do they have power over naturalization without having power over those that are not citizens?

they do have power over those that are not citizens. non citizens have to follow the laws just as citizens do. the difference is that they cannot vote, hold government positions, and certain jobs.

 

[BodiSatva]

Originally posted by zymurgy
Simon correctly pointed out the portion that makes all other discussion on this subject moot.

I agree.
This clause insures that a uniform rules exists for naturalization and the process of becoming a citizen.

Naturalization

- To grant full citizenship to (one of foreign birth).
- To adopt (something foreign) into general use.
- To adapt or acclimate (a plant or animal) to a new environment; introduce and establish as if native.
- To cause to conform to nature.

Star

You are correct in that it does not state exactly who can be IN the country...and I do not think that this was covered by the inclusion of the Elastic Clause either.

I am not sure where the framework is that covers this issue yet...

Of course, one you are a citizen...we look to Article 4 and the Rights of Citizens for more clarification.