What the Supreme Court has said on Treaties and Immigration

Posted By: Carolyn Hileman* on January 18, 2008

Filed Under Immigration, Our Government, Unconstitutional Acts

P.A. Madison:

Could Congress use its treaty making power to force States to submit to accepting other nation’s citizens? Chief Justice Taney in the Passenger Cases said it was not open to dispute that the federal government had no such authority under the Constitution to force States to suffer from the introduction of foreigners from other countries via its treaty making power, nor would the States be bound to submit to such an unlawful act of Congress:

The first inquiry is, whether, under the Constitution of the United States, the federal government has the power to compel the several States to receive, and suffer to remain in association with its citizens, every person or class of persons whom it may be the policy or pleasure of the United States to admit. In my judgment, this question lies at the foundation of the controversy in this case. I do not mean to say that the general government have, by treaty or act of Congress, required the State of Massachusetts to permit the aliens in question to land. I think there is no treaty or act of Congress which can justly be so construed. But it is not necessary to examine that question until we have first inquired whether Congress can lawfully exercise such a power, and whether the States are bound to submit to it. For if the people of the several States of this Union reserved to themselves the power of expelling from their borders any person, or class of persons, whom it might deem dangerous to its peace, or likely to produce a physical or moral evil among its citizens, then any treaty or law of Congress invading this right, and authorizing the introduction of any person or description of persons against the consent of the State, would be an usurpation of power which this court could neither recognize or enforce. I had supposed this question not now open to dispute.

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Comments

One Response to “What the Supreme Court has said on Treaties and Immigration”

Mark Taylor on January 19th, 2008 11:31 am

It never ceases to amaze me how clear-headed and
straight-thinking our founders were. Nor how
fuzzy-minded and obtuse our current leaders are.

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