Does the Constitution Give Congress the Power to Regulate Immigration?

Thanks to Ampersand over at Alas, a Blog, I ran across two articles by Ilya Somin arguing that the Constitution includes no enumerated power to restrict immigration.  Go check Amptoons out – he’s a killer cartoonist.

In the first, at Reason Magazine, Somin suggests that President Obama had the power to defer deportation for four million immigrants through executive order.  He thinks this is so in part because he doesn’t think the Constitution gives Congress no power to regulate immigration in the first place.  Later, in the Washington Post, Somin argues that the Migration and Importation Clause (Article I, Section 9) doesn’t fix this because it refers to slavery. Continue reading

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