<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.”
<fn id="j_bjals-2022-0010_fn_002" symbol="2"><p>U.S. C<sc>onst</sc>. <sc>art</sc>. I, § 8, cl. 10.</p></fn></p>
</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.

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

British Journal of American Legal Studies

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...

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

Published Online: Nov 13, 2022

Page range: 209 - 236

DOI: https://doi.org/10.2478/bjals-2022-0010

Keywords
Define and Punish Clause, U.S. Constitution and Immigration, Immigration restrictions, Law of nations, International law

© 2022 Robert G. Natelson, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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

Published Online: Nov 13, 2022

Page range: 209 - 236

DOI: https://doi.org/10.2478/bjals-2022-0010

KeywordsDefine and Punish Clause, U.S. Constitution and Immigration, Immigration restrictions, Law of nations, International law

© 2022 Robert G. Natelson, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Define and Punish Clause, U.S. Constitution and Immigration, Immigration restrictions, Law of nations, International law