Thread: Immigration and the Constituion

The IMMIGRATION is NEVER mentioned in the US Constitutiion.

The idea that Congress has power over immigration comes, as everyone says, from Article 1 - sec. 8.

This is what that article says:

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

Now Naturalization refers to "becoming a citizen" - it has nothing to do with immigrations. The Constitution is silent on immigration.

The powers which Congress claims it has, is the result of years of legislation which over time has taken powers away from the states - which has happened in areas not related to immigration.

The Page Act of 1875 - often called the Chinese Exclusion Act(Sect. 141, 18 Stat. 477, 1873-March 1875) was the first federal immigration law and prohibited the entry of immigrants from China. To really understand why Congress thought it had the power to legislate immigration laws for ALL the states will requires research into the debate surrounding the Page Act.

Of course other immigration laws folllowed in the wake of the Page act, The Bureau of Immigration and Naturatlization was not established until 1906.

So while during the 20th century there were a lot of immigration laws which did damage to the country by doing away with National Origin Quota ( thank you Ted Kennedy) - the issue of Congress right to legislate what was not specified as right in the constituion has never been questioned.

Immigration as a perogative of Congress has grown and expanded over time the same the Commerce Clause is used to justify Congressional Action where it never existed before.

The Page Act of 1875

Thank You Judyweller. This will give me a heads up when thumbing my way through some old books.

Good post by the way. Hard to tell where we are if we can not tell where we came from.

I think the first time IMMIGRATION appears in the US code is 1871 in section 2162.

All congressional legislation prior to 1875 concerned changes in the rule for Naturalization.

So you see Congressional interference in Immigration is only about 140 years old and was NOT part of the constitution.

Another example of Congress assuming the rights of states.

Having spent some time (still at it) researching "the money issue," currency debates, honest money, inflation, and economic policies, I found myself reading about the decade prior to the Civil War and the history in the three or so decades following the war. Much history, and much taking place during this time period. It seems that many forces or policies ended up on a collision course and created much turmoil. The economy was changing rapidly during this time due to the industrial revolution, there was the trusts issues rising, sound money vs. the greenback, the free silver debates, manipulations of the markets on Wall Street, the slavery issue, states rights and sovereignty, the ideals of a new political system was being devised, communism, which is probably more an economic system first, and imperialism was coming to age in American politics.

The turmoil seems to have raised tempers and hampered calm debate concerning the reconstrution era, and many mistakes were made concerning policy and new laws.

Perhaps it is time to take a closer look at all that happened during that time and to repeal or adjust the mistakes made during such hostile times.

Thanks again for the heads up.

judyweller, I have said this before to hardline, sure wish we could have threaded your posts with that of johnwk's Aliens, Naturalization, and anchors thread, sure hate to see good posts just disappear into the archives, and the history surrounding immigration would be nice in a thread with easy access and easy to add to. Would seem to help to keep the historical aspects together in a more accessable manner, and easy to retrieve and bring back to the forefront. Desires of a scatterbrain? JMO Thanks again.