Tuesday, June 10, 2014

A Workable Immigration Plan

By Douglas V. Gibbs

There is a lot of concern regarding the illegal immigration issue, and conservatives have uniformly come to the conclusion that if the Republicans toy with the idea of approving some kind of amnesty plan, it would be suicide for the GOP.  That said, it would also be unconstitutional, since Article I, Sections 9 and 10 forbids the federal government, and the States, from enacting retroactive laws (ex post facto).

As is usually the case, what worked has been tampered with, manipulated, and then proclaimed to be a failure though its original form is unrecognizable.  The solution, then, is clear.  We must remove the tamperings, examine the system as it was meant to be applied, and then determine if corrections or alterations must be made to make the system more effective.  Emotions and ideology cannot be the determining factors, as we are a nation that is supposed to be guided by the rule of law.

Deconstructed to its simplest form, the only workable plan in my opinion, when it comes to immigration, is enforcing the laws on the books as per Article II, recognizing that once the illegal alien is within State lines it becomes a State responsibility as per Article I and the Tenth Amendment, and securing the border as per Article IV. Once those provisions are met, then negotiations can begin regarding creating any changes to the system that are deemed not to be working properly after scrutinizing the current system's effectiveness, or lack thereof. How can we create new law regarding immigration, and expect it to be followed, when we are not even willing to execute the laws on the books regarding the issue in the first place?

-- Political Pistachio Conservative News and Commentary

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