I want to be clear. I'm not discussing immigration laws because my contention is that they are a violation of the Constitution. I'm not discussing case law because I'm not interested in someone's opinion of what the Constitution
should say or what they think was
implied.
I'm talking about the black and white words in the U.S. Constitution that actually PROHIBIT the federal government from creating or enforcing immigration laws. In fact it prohibits the federal government from doing about 80% of what it currently is doing.
Where you might ask can I find this miraculous part of the Constitution that puts such strict limits on the powers of federal government?
That my friend is in the 10th amendment. It was written as a catch all by the founders to make sure the government would never step beyond the bounds of what was specifically enumerated as a power of the federal government. This amendment means the federal government can have absolutely no "implied" powers.
It RESERVES anything NOT listed in the Constitution as an enumerated power of the federal government and which has not been prohibited from being a power of the states as a right of the people and a power of the states.
Quote:
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Originally Posted by U.S. Constitution
Amendment X
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.
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I highlight the word "reserved" to focus on the fact that this means it is not within the domain of the federal government to legislate anything other than laws pertaining to the specific areas in which they are granted enumerated powers.