{"title":"The Power to Restrict Immigration and the Original Meaning of the Constitution's Define and Punish Clause","authors":"Robert G. Natelson","doi":"10.2478/bjals-2022-0010","DOIUrl":null,"url":null,"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.” <jats:fn symbol=\"2\"> U.S. C<jats:sc>onst</jats:sc>. <jats:sc>art</jats:sc>. I, § 8, cl. 10. </jats:fn>","PeriodicalId":40555,"journal":{"name":"British Journal of American Legal Studies","volume":"40 1","pages":""},"PeriodicalIF":0.2000,"publicationDate":"2022-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"British Journal of American Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2478/bjals-2022-0010","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
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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.
期刊介绍：
The British Journal of American Legal Studies is a scholarly journal which publishes articles of interest to the Anglo-American legal community. Submissions are invited from academics and practitioners on both sides of the Atlantic on all aspects of constitutional law having relevance to the United States, including human rights, legal and political theory, socio-legal studies and legal history. International, comparative and interdisciplinary perspectives are particularly welcome. All submissions will be peer-refereed through anonymous referee processes.
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