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Does the Constitution Give the Federal Government Power Over Immigration?
Every delay has consequences.

Apropos of Chamber of Commerce v. DHS and the wish of one member, I dug out this old article from Cato that presents an originalist case that the Federal government lacks the authority to regulate immigration. The foundation of the argument is simple: as James Madison noted when protesting the Alien Friends Act, there is no text granting this authority anywhere in the constitution. The article combs over purported grants and dismisses them as insubstantial.
I found this article fun all those years ago and hope you do as well.
Does the Constitution Give the Federal Government Power Over Immigration? Every delay has consequences. Apropos of Chamber of Commerce v. DHS and the wish of one member, I dug out this old article from Cato that presents an originalist case that the Federal government lacks the authority to regulate immigration. The foundation of the argument is simple: as James Madison noted when protesting the Alien Friends Act, there is no text granting this authority anywhere in the constitution. The article combs over purported grants and dismisses them as insubstantial. I found this article fun all those years ago and hope you do as well.
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