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Is The Constitution Too Quiet On Immigration?

By Anonymous Attorney

12/24/2018

Over at Cato, George Mason Law professor Ilya Somin takes a look at the Constitution and concludes it’s not incompatible with open borders:

Does the Constitution Give the Federal Government Power Over Immigration? Cato Unbound, September 12, 2018

I would credit Congress' power over "naturalization" in Article I, Section 8 with broader reach than he does.

But Congress or the President’s power over who can immigrate seems so basic to sovereignty that maybe that’s why the Framers weren’t more explicit.

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