The Constitution is the Solution
Constitution Study May 13, 2010
We will continue the discussion that began last week that ended with the question: Can States seal their own borders?
This question arose because of the new law in Arizona. Article I, Section 9, Clause 1 shows it was in the original intent of the Constitution for the States to protect themselves from illegal immigration. But to what extent? And isn't the federal government able to prohibit aspects of immigration after 1808? We determined that the federal government can prohibit illegal immigration, and in the U.S. Code and Immigration and Naturalization Act, these laws exist. The states have the authority to enforce these laws no differently than they enforce other federal laws.
As the discussion continued, since it was reasoned states can seal their borders against foreign illegal immigrants, the question was asked, “Can States seal their borders even to Americans from other states?
Well, before we answer that question, let's first make sure we fully understand Article I, Section 9, Clause 1, which reads: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight. . .
Key Words: Migration, Importation, Persons, Prohibited, Congress, 1808.
Migration is a specific reference to immigration. Importation comes from the word Import, and something imported is a product. Since the word “persons” is used, the product is then people. What people were products? Slaves. This is why the clause nullified in 1808. It was the first step, the Founding Fathers believed, in abolishing slavery. On January 1, 1808, the importation of slaves was prohibited by Congress.
As for the question regarding stopping the migration of Americans from other states, Article 4, Section 2 gives us our answer:
“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens of several states.”
The answer, then, is no. American Citizens from other states must be able to uniformly enjoy the same allowances as the citizens of a particular state, so that means American Citizens of any state may travel freely throughout each of the states.
The second topic of discussion tonight is Article I, Section I, which is the first part of the Constitution that establishes the federal powers.
“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
Key Words: herein, granted, vested, Congress of the United States.
“herein” - In this matter, In this book, Here In.
“granted” - Consent to fulfill, Give formally, transfer legally.
“vested” - bestow powers or authority.
“Congress of the United States” - Legislative Branch of the U.S. Federal Government.
The Constitution begins with the words, “We the People of the United States.” We the people are the ones granting the right to the federal government to existed. All of the powers and authorities to the federal government are contained within the Constitution as indicated by the word “herein.” The powers are given to the Congress of the United States, but are limited to only those listed as being powers granted in the United States Constitution.
The authorities of the federal government are enumerated carefully in Article I, Section 8, and any subsequent amendments that grant powers of the federal government. As per the Tenth Amendment, however, it must be understood that any power not granted to the federal government by the Constitution is a state authority.
Also open to discussion tonight: First Amendment, and the Second Amendment.
Join us from 6:00 pm to 7:00 pm in the classroom next to Faith Armory, 27498 Enterprise Circle West, #2, Temecula, California.
Join us as we learn about the U.S. Constitution - Join in the cause of preserving our God-given Liberty and restoring our Constitutional Republic. After all, if you don't defend Liberty, who will?
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