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Denver mayor’s toothless anti-ICE order fools the gullible

CONSTITUTION | April 1, 2026

The author of this order is not a “legal illiterate.” He is a cynical grandstander . . .

Denver mayor’s toothless anti-ICE order fools the gullible Read More »

SB 276: Colorado’s Venezuelan Gang Protection Act

CONSTITUTION | May 1, 2025

SB 276 is not only dangerous, it’s constitutionally absurd.

SB 276: Colorado’s Venezuelan Gang Protection Act Read More »

Alien Enemies, Alien Friends, and the Concept of “Allegiance”

CONSTITUTION | March 24, 2025

The doctrine of allegiance is crucial for understanding the Alien Enemies Act, but it also is crucial for understanding the Constitution itself.

Alien Enemies, Alien Friends, and the Concept of “Allegiance” Read More »

May the States Block Illegal Immigration?

CONSTITUTION | January 30, 2025

This post summarizes what earlier posts at this site have said about the states’ power to curb illegal immigration.

May the States Block Illegal Immigration? Read More »

The Myth that States Can’t Defend Against Illegal Immigration

CONSTITUTION | April 3, 2024

Texas authorities are not trying to void a federal law. They are trying to enforce federal law. And they have a perfect right to do so.

The Myth that States Can’t Defend Against Illegal Immigration Read More »

Responding to Professor Bowman’s “Immigration Is Not An Invasion”

CONSTITUTION | February 1, 2024

The effect of this constitutional provision . . . is only to allow a state to defend itself fully—and without congressional consent—when invaded or about to be invaded.

Responding to Professor Bowman’s “Immigration Is Not An Invasion” Read More »

The source of federal power to stop illegal immigration

CONSTITUTION | November 21, 2022

Instead of speculating on the issue, II’s Senior Fellow actually examined books of international law widely used among the founding generation.

The source of federal power to stop illegal immigration Read More »

Understanding the Constitution: The Power to Restrict Immigration

CONSTITUTION | September 5, 2022

The Constitution gives Congress power to “define and punish” offenses against the law of nations. Scholars popular among the Founders wrote that illegal immigration is such an offense.

Understanding the Constitution: The Power to Restrict Immigration Read More »

Biden and Harris flout constitutional immigration duties

CONSTITUTION | June 11, 2021

Controlling the border is a constitutional mandate, not an option

Biden and Harris flout constitutional immigration duties Read More »

The Constitution does indeed permit immigration caps as part of ‘the law of nations’

CONSTITUTION | May 15, 2017

Some pro-immigration activists question whether the federal government has any constitutional power over immigration. “Where,” they ask, “is the word ‘immigration’ among the powers the Constitution grants to Congress?”

The Constitution does indeed permit immigration caps as part of ‘the law of nations’ Read More »

Time Mag’s Constitutional Baby Babble

CONSTITUTION, Constitution Uncategorized, ObamaCare | June 26, 2011

Several readers sent me for comment a lengthy cover article in Time Magazine by managing editor Richard Stengel. Stengel’s piece

Time Mag’s Constitutional Baby Babble Read More »

Does the Constitution really give Congress power over immigration?

CONSTITUTION, Constitution Uncategorized | December 17, 2010

Congress’s power to “define and punish . . . Offenses against the Law of Nations” included authority to “define” immigration rules and “punish” those who violated them.

Does the Constitution really give Congress power over immigration? Read More »

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