Does a strict construction of the constitution provide for INS?

Discussion in 'Immigration/Illegal Immigration' started by Agit8r, Dec 25, 2010.

  1. Agit8r
    Offline

    Agit8r Gold Member

    Joined:
    Dec 4, 2010
    Messages:
    9,142
    Thanks Received:
    1,052
    Trophy Points:
    245
    Ratings:
    +3,174
    Since a strict construction of the constitution is a major goal of the incoming congress, it is worth noting that there is no specific enumeration for the powers that the agency exercises. :eusa_whistle:
     
  2. Baruch Menachem
    Offline

    Baruch Menachem '

    Joined:
    Sep 12, 2008
    Messages:
    14,204
    Thanks Received:
    3,235
    Trophy Points:
    185
    Ratings:
    +3,305
    14th Amendment moves all Questions of citizenship to the Federal level.


    14th amendment also provides congress has the authority to pass any legislation to enforce the rules on citizenship set up by the 14th Amendment. That sort of includes setting up various burocratic offices dealing with the issue, and officers engaged in enforcement of those rules.


     
  3. RetiredGySgt
    Offline

    RetiredGySgt Platinum Member

    Joined:
    May 6, 2007
    Messages:
    39,599
    Thanks Received:
    5,913
    Trophy Points:
    1,140
    Location:
    North Carolina
    Ratings:
    +9,029
    The Constitution itself before the 14th also gave the power to the Fed. The only restriction was that the Fed could do nothing but tax for new people before 1808.
     
  4. Baruch Menachem
    Offline

    Baruch Menachem '

    Joined:
    Sep 12, 2008
    Messages:
    14,204
    Thanks Received:
    3,235
    Trophy Points:
    185
    Ratings:
    +3,305
    Article 1, section 8 includes:

    Emphasis added
     
  5. RetiredGySgt
    Offline

    RetiredGySgt Platinum Member

    Joined:
    May 6, 2007
    Messages:
    39,599
    Thanks Received:
    5,913
    Trophy Points:
    1,140
    Location:
    North Carolina
    Ratings:
    +9,029
    I was also referring to this...

    The United States Constitution - The U.S. Constitution Online - USConstitution.net

    1st Paragraph restricts the Feds but only until 1808. As written and taken with the power listed in the previous section it is beyond clear to the most casual observer that the power for INS clearly resides with in the Constitution.
     
  6. goldcatt
    Offline

    goldcatt Catch me if you can! Supporting Member

    Joined:
    Aug 4, 2009
    Messages:
    10,330
    Thanks Received:
    2,331
    Trophy Points:
    48
    Location:
    CentralPA
    Ratings:
    +2,331
    You're misreading Sec 9 Cl 1 just a little bit there, RGS.

    While Congress was granted power to regulate naturalization, what this clause does is restrict them until 1808 from barring entry to any person a State wants to allow in. If the Fed and any State were at odds over allowing entry to an individual or group, the State was to win the argument. The only power Congress had was in placing a barrier in the form of a tax.

    It was an ingenious method of immigration control, actually. Ten bucks was pretty steep for most people in the late 18th Century, especially after buying transatlantic passage, and might keep out those unlanded peasants the Framers considered riff raff without stepping on any State toes. ;)
     
  7. goldcatt
    Offline

    goldcatt Catch me if you can! Supporting Member

    Joined:
    Aug 4, 2009
    Messages:
    10,330
    Thanks Received:
    2,331
    Trophy Points:
    48
    Location:
    CentralPA
    Ratings:
    +2,331
    I'm no strict constructionist. But to look at a modern strict constructionist's interpretation of the clause that gives the INS power to operate and allows many other expansions of enumerated Congressional powers, see Scalia's concurrence in Gonzales v. Raich. ;)
     
  8. editec
    Offline

    editec Mr. Forgot-it-All

    Joined:
    Jun 5, 2008
    Messages:
    41,427
    Thanks Received:
    5,598
    Trophy Points:
    48
    Location:
    Maine
    Ratings:
    +5,618
    Contrary to all the partisan blather that some of you buy into, there is no such thing as a "strict" interpretation of the Constitution, folks.

    There's interpretations of meaning and the final aribtor of those rests with the SCOTUS.
     
  9. RetiredGySgt
    Offline

    RetiredGySgt Platinum Member

    Joined:
    May 6, 2007
    Messages:
    39,599
    Thanks Received:
    5,913
    Trophy Points:
    1,140
    Location:
    North Carolina
    Ratings:
    +9,029
    Only until 1808. It clearly states that the States may only import people with out a say from the Federal Government UNTIL 1808.
     
  10. RetiredGySgt
    Offline

    RetiredGySgt Platinum Member

    Joined:
    May 6, 2007
    Messages:
    39,599
    Thanks Received:
    5,913
    Trophy Points:
    1,140
    Location:
    North Carolina
    Ratings:
    +9,029
    Here it is again...

    pretty simple concept to grasp. Until 1808 the States may do as they please with immigration with no hindrance from the Congress except a tax. After 1808 the Congress is free to set rules laws and regulations dealing with immigration into any State or Territory in the Union.
     

Share This Page