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The Power to Restrict Immigration and the Original Meaning of the Constitution's Define and Punish Clause Cover

The Power to Restrict Immigration and the Original Meaning of the Constitution's Define and Punish Clause

Open Access
|Nov 2022

Abstract

The Supreme Court and constitutional commentators have long struggled to identify the provision in the Constitution, if any, that grants Congress authority to restrict immigration. This article demonstrates that authority to restrict immigration is included within the Constitution's grant of power to Congress to “define and punish . . . Offenses against the Law of Nations.”

U.S. Const. art. I, § 8, cl. 10.

DOI: https://doi.org/10.2478/bjals-2022-0010 | Journal eISSN: 2719-5864 | Journal ISSN: 2049-4092
Language: English
Page range: 209 - 236
Published on: Nov 13, 2022
Published by: Birmingham City University
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2022 Robert G. Natelson, published by Birmingham City University
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.