Download This PaperThe Power to Restrict Immigration and the Original Meaning of the Constitution’s Define and Punish Clause
46 Pages Posted: 26 Sep 2022 Last revised: 3 Oct 2022
Date Written: October 2, 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.”
Keywords: Define and Punish Clause, Constitution, Original Meaning, immigration, inherent sovereign authority, Commerce Clause, Foreign Commerce Clause
JEL Classification: k19, k30, k37
Suggested Citation: Suggested Citation
Natelson, Robert G., The Power to Restrict Immigration and the Original Meaning of the Constitution’s Define and Punish Clause (October 2, 2022). Available at SSRN: https://ssrn.com/abstract=4212472 or http://dx.doi.org/10.2139/ssrn.4212472
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