[Radar]

Wrong. As usual Merc.

Here's Proof that the U.S. Government has zero Constitutional authority to create or enforce immigration laws.

The U.S. Constitution was written by our founders to place strict limits on the powers of the federal government. It was made to specifically spell out what the Federal government had control over, and everything else was left to the states or the people assuming they granted the states a power that wasn't prohibited to them by the U.S. Constitution.


Article 1, Section 8, Clause 1 of the Constitution spells out exactly what the federal government is to accomplish, and the following 17 clauses describe which powers are granted to the government in order to accomplish those goals. There are specifically enumerated (listed) powers and none of them has anything to do with immigration. A few idiots will try to stretch the meaning of certain clauses to mean something it doesn't. A few commonly mentioned clauses that do not apply to immigration are...


The phrase "general welfare" (Preamble & Clause 1) - This does not grant the federal government any power whatsoever, but many have attempted to use this phrase to give the government Carte Blanche to create any laws or government programs they want when this goes against the very reason for creating the Constitution in the first place. The phrase "general welfare" at the time of our founders meant the ability to enjoy the blessings of a government that does not intrude on our daily lives but protects our right to live our lives in our own way as long as our actions do not physically harm, endanger, or violate the person, property, or rights of non-consenting others.

The power to make laws concerning naturalization. (Clause 4) - This allows Congress to establish rules and procedures detailing how an immigrant can become a citizen, but grants the federal government no power over immigration.

The power to repel invading armies. (Clause 15) - Some idiots try to suggest that an influx of peaceful immigrants is an "invasion", but this goes against everything the founders said. This clause refers to armed invasions, not large numbers of immigrants. Otherwise the army would have been called out against the Irish, Italians, Russians, Greeks, Germans, Polish, English, French, etc.

The power to create all laws necessary and proper for carrying out the specific things enumerated (listed) in the Constitution. (Clause 18) - This clause doesn't grant the government the power to make any laws other than laws pertaining to the specific things listed in the Constitution. Congress is granted the authority to make whatever laws are necessary and proper for carrying out those specific things and nothing more.



The last one that people often try to take out of context or stretch to mean what they want it to mean rather than what it actually says is actually Article 1, Section 9, clause 1....


The power to regulate the importation and migration of slaves. (Article 1, Section 9, Clause 1) - This was a compromise between the Northern and Southern states over the issue of slavery. It allowed the Southern states to continue importing slaves until 1808, but gave the government the power to charge a tariff or duty on each imported slave. This article only pertains to slaves and nobody else. Slaves are the only kind of people who are considered property. A duty or tariff is a tax on property.



Now that we've established that no part of the Constitution specifically grants or enumerates a power of the federal government to create or enforce any laws pertaining to immigration, we'll now look at the part of the Constitution that specifically prohibits the federal government from doing so.


The 9th and 10th amendments were written as catch-alls for the founders to limit the powers of the federal government. While they allowed the Constitution to be changed through an amendment, it cannot be changed any other way.


The 9th amendment states that the rights specifically listed and protected by the U.S. Constitution are not our only rights and can't be used to limit our other rights. In essence, this is saying that all power comes from the people and not from government.

The 10th amendment says that all powers and rights not specifically enumerated (listed) within the U.S. Constitution are RESERVED as powers of the states or rights of the people. This means that the federal government is PROHIBITED from taking part in or legislating over anything that isn't specifically listed in the Constitution. The founders wrote this to lock down the federal government and to strictly limit what activities it takes part in or legislates over. It clearly and specifically denies the federal government the ability to have "implied" powers.


Since immigration is not an enumerated power of the federal government, and the federal government is prohibited from doing anything that isn't listed, the federal government has zero authority to create or enforce immigration laws and all laws made to the contrary are in direct violation of the U.S. Constitution. CASE CLOSED.




I will list the actual text of each part of the Constitution I mentioned.

From Article 1, Section 8....

Clause 1 - The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;


Clause 4 - To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;


Clause 15 - To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;


Clause 18 - To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.


Article 9, Section 1, 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.


The 9th Amendment - The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The 10th Amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

There you have it. Clearly you've never actually read or understood the U.S. Constitution so this lesson was far over due.

You'll note that nowhere in this post did I give an "interpretation" of the Constitution. I don't "interpret" the Constitution because it's not vague or ambiguous and it's not written in Swahili. It's written in simple English and it means what it says; no more; no less.

I've supplied verifiable and indisputable proof to back up what I say. Feel free to prove me wrong by showing the part of the Constitution where immigration is listed as an enumerated power of the Federal government. If you can't, I'm correct and you are not.