Misinformation in the Immigration Debate   June 22, 2018

The misinformation used to whip the pubic into an emotional frenzy over the reports that families of illegals are being separated at the boarder is astonishing. One such claim is that the feds have no authority to determine immigration policy; it is a state issue. They believe CA can admit people on whatever terms it wishes. This issue surfaced repeatedly during the debate on Trump’s travel ban policy.

Let me clear this up. Art 1, §8, cl 3 of the U.S. Const expressly gives Congress the power to “Establish an uniform Rule on Naturalization.” This power is not exercised co-tremendously with the states. It is exclusive to Congress or there would be no “uniform rule.” Under the (pre-constitution) Articles of Confederation, each state had the authority to admit foreigners on its own terms. This created a condition which the great Joseph Story called “mischievous in its nature.” Story’s Commentaries, §1103. Hence, the power was delegated exclusively to Congress. Why? As Story remarks, “It is of the deepest interest to the whole union to know who are entitled to enjoy the rights of citizens in each state, since they thereby, in effect, become entitled to the rights of citizens in all the states.

If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due establishment of its privileges.” It should be noted that of all the discord that existed during the constitutional convention, there is no dissonance on this issue. It is sad to see the profound ignorance in America today.