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The Constitution on Immigration

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cryptocode Posted: Fri, Apr 27 2012 10:11 PM
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cryptocode replied on Fri, Apr 27 2012 10:11 PM

I’ve listened to quite a lot of commentators say that the Constitution gives the Federal Government power over immigration, some even ‘quoted’ the Constitution. So I was surprised to read that Justice Scalia had said that the States had all power and authority on immigration.
Here are the two quotes that I can find, in the Constitution.

Article II

Section 8 – “The Congress shall have the Power …….To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States.”….

Section 9 – “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.” …

Naturatlization and Immigration are two different processes. Typically the first follows the second by several years.
It seems to me that the Migration or Importation part means between the States or entering into one of the States from outside the U.S., that would be immigration, which is clearly and specifically reserved to the States.

Comments and Opinions, please.

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Wheylous replied on Fri, Apr 27 2012 10:15 PM

 “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.” …

I thought that only applied to slaves...

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