Immigration is not an exclusive power to the federal government

Discussion in 'Law and Justice System' started by ihopehefails, May 7, 2010.

  1. ihopehefails
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    ihopehefails BANNED

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    I've heard this argument that only the federal government has the power to enforce immigration but this is false. The federal government could have the power to do that but just because the federal government has the power to do something doesn't mean that the states lose that same identical power.

    There are a few powers that are exclusive to the federal government such as the power to declare war on a foriegn nation. This power is granted to the federal government but is also denied to each state. That makes it an exclusive power of the federal government. What made that power exclusive to the federal government was that it was granted that power and the states were denied it.

    Immigration (nor naturalization) not specifically denied to each state so any state can enforce its own immigration laws as it sees fit in conjunction with the federal government or against it.
     
  2. George Costanza
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    George Costanza A Friendly Liberal

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    Article VI of the U.S. Constitution contains the Supremecy Clause:

    Clearly, if a state law is contrary to a federal law, the federal law governs.

    But what happens when a state law is identical to a federal law?

    I hope this helps to answer your question.
     
  3. RetiredGySgt
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    RetiredGySgt Platinum Member

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    The Federal Government has in its laws on Immigration the DEMAND that States add it in enforcing those laws. Just because the last 3 Administrations used the executive power to gut the enforcement of said laws does not change that fact.
     
  4. ihopehefails
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    ihopehefails BANNED

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    That says laws in pursuance of the constitution which is actually limited to a few powers granted to it such as a list of laws that the federal congress can pass.
     

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