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To: Amendment10
I have the utmost respect for someone with your screen name since the Ninth and Tenth are the most critical Amendments, but this ...

Note that I’m not the one making decisions on which of the governments, state or federal, should be calling the shots on immigration policy. When the Founding States made the Constitution to deliberatly limit (cripple) the federal government’s powers, they reserved the power to regulate immigration uniquely to the states.

... goes too far I think. Near as I can tell you are adding positive significance ( 'they reserved' ) to the lack of any mention of the word 'immigration' in Article One Section 8. Now I totally agree with strict interpretation, but this exercise is parallel to those that say airwaves != speech and modern weapons != armed and that privacy needs to be spelled out.

I would need to see it specifically argued from Madison/Hamilton/Jay that omitting immigration/borders/civilian invasion to even begin to accept this, and my old brain cannot recall this from the Federalist Papers masterpiece.

Isolating Immigration from Citizenship, and, putting forth the notion that states each regulate their borders is IMHO saying that the 'United States' as a republic has no national border at all. It supports the hypothetical that a foreign Army could be welcomed into a state perhaps by a radical governor or group of states ( like the Hartford Convention of northern Federalists plotting against the Democratic-Republicans ) ... while a standing U.S. Army cannot not exist period. It directly invites the 'Constitution is not a suicide pact' Pandora's Box catch-all solution to everything.

I fully agree with your spirit though! And clearly we need an overhaul with a slate of Amendments to rectify the huge mistake the founders made in over-estimating the integrity and honor of man, and under-estimating their capacity for evil and subversion of plain english words. Well two mistakes really, counting their failure to purge all the tory loyalist traitors and burn NYC to the ground after the revolution. They immediately took root posing as (new) Federalists and expanded federal power which as layer by layer and precedent by precedent has destroyed the Republic.

52 posted on 07/22/2015 8:46:45 PM PDT by Democratic-Republican
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To: Democratic-Republican; All
I would need to see it specifically argued from Madison/Hamilton/Jay that omitting immigration/borders/civilian invasion to even begin to accept this, and my old brain cannot recall this from the Federalist Papers masterpiece.

I’m glad that you requested additional information. I had not included the excerpts below from the writings of James Madison and Thomas Jefferson in my previous post for brevity.

Note that both Madison and Jefferson wrote in reaction to a federal immigration bill which President Adams had signed into law in 1798 which Madison and Jefferson had evidently regarded as unconstitutional. They referred to unique state power to regulate aliens in these excerpts, Jefferson borrowing language from the 10th Amendment in his clarification.

Here is the relevant excerpt from Jefferson’s writing.

“4. _Resolved_, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” the act of the Congress of the United States, passed on the — day of July, 1798, intituled “An Act concerning aliens,” which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force [emphasis added].” —Thomas Jefferson, Draft of the Kentucky Resolutions - October 1798.

And here is the relevant excerpt from the writings of James Madison in Virginia Resolutions.

"That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts" passed at the last session of Congress; the first of which exercises a power no where delegated to the federal government, ...

… the General Assembly doth solemenly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid, are unconstitutional; and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining the Authorities, Rights, and Liberties, referred to the States respectively, or to the people [emphasis added]. ”— James Madison, Draft of the Virginia Resolutions - December 1798.


53 posted on 07/22/2015 9:50:39 PM PDT by Amendment10
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