Question for pro-Trump textualist originalists (user search)
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  Question for pro-Trump textualist originalists (search mode)
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Author Topic: Question for pro-Trump textualist originalists  (Read 391 times)
Vosem
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« on: December 08, 2019, 11:39:51 PM »

Congress has the power to regulate "Offenses against the Law of Nations" (and it is a very basic right of nations, including back then, to prohibit individuals from entering) and to "repel Invasions" (and while invasion has a hostile militaristic connotation it doesn't really mean much more than 'entrance'; Milton liked to use 'invade' in this way, for instance).

It was not common practice in the early Republic (indeed, until the 1870s) for Congress to make laws concerning immigration; these things were indeed left up to the states. But it's pretty clearly there among the enumerated powers.
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