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The Power to Control Immigration is a Core Aspect of Sovereignty

8 Pages Posted: 9 Sep 2017  

John C. Eastman

Chapman University, The Dale E. Fowler School of Law; Claremont Institute Center for Constitutional Jurisprudence

Date Written: 2016

Abstract

Where in our constitutional system is the power to regulate immigration assigned? Professor Ilya Somin argues that the power to regulate immigration is not a power given to Congress because it is not enumerated. But I think it is so clearly a power given to Congress and that such was so well understood at the time of our founding that the Constitution did not even need to specify it. Even so, I think the Constitution does specify it. The notion that the power to regulate immigration is not contained within the power of naturalization is an anachronistic view of the latter power that understands naturalization merely to confer citizenship and not as having anything to do with who can immigrate into this country in order to obtain citizenship.

Keywords: Immigration, constitutional law, Chinese Exclusion Cases, The Passenger Cases, Founders, separation of powers

Suggested Citation

Eastman, John C., The Power to Control Immigration is a Core Aspect of Sovereignty (2016). Harvard Journal of Law and Public Policy, Vol. 40, 2016. Available at SSRN: https://ssrn.com/abstract=3033217

John C. Eastman (Contact Author)

Chapman University, The Dale E. Fowler School of Law ( email )

One University Drive
Orange, CA 92866-1099
United States
714-628-2587 (Phone)

HOME PAGE: http://www.chapman.edu/law/faculty/eastman.asp

Claremont Institute Center for Constitutional Jurisprudence

1317 W. Foothill Blvd., Suite 120
Upland, CA 91786
United States
877-855-3330 (Phone)

HOME PAGE: http://https://www.claremont.org/center-for-constitutional-jurisprudence/

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