The Power to Restrict Immigration and the Original Meaning of the Constitution's Define and Punish Clause
Nov 13, 2022
About this article
Published Online: Nov 13, 2022
Page range: 209 - 236
DOI: https://doi.org/10.2478/bjals-2022-0010
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© 2022 Robert G. Natelson, published by Sciendo
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.
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.”
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