With all the brilliant minds in this Hannity forum, especially those who defend the Biden Administration’s current policies applied to foreign nationals flooding across our border, and also were delighted to see the court putting on hold the Texas law, SB 4, perhaps one of you are willing to explain, or address the following.
What I find both bewildering and troubling is, I could not find New York v. Miln, 36 U.S. 102 (1837), cited in any case briefs involving SB 4, an that case actually goes into depth regarding a State’s retained power to refuse entry to an unwanted “influx” of foreign nationals, and the duty for a State to protect itself and her citizens from an onslaught of unwanted “foreign paupers” thereby avoiding “. . . the consequent danger of her citizens being subjected to a heavy charge in the maintenance of those who are poor”, as stated in Miln, which upheld the law.
And, the same is true with the Passenger Cases, 48 U.S. 7 How. 283 283 (1849), in which the Court emphatically emphasized the legislative intent of delegating power to Congress to establish a uniform rule of naturalization: “Its sole object was to prevent one State from forcing upon all the others, and upon the general government, persons as citizens whom they were unwilling to admit as such.”
Also, nowhere to be found in the briefs mentioned are quotes from our Forefathers expressed during our nation’s first Rule of Naturalization, Feb. 3rd, 1790, which provides an important insight regarding the subject of unwanted immigration within a constitutional context.
REPRESENTATIVE SHERMAN, who attended the Constitutional Convention which framed our Constitution points to the intentions for which a power over naturalization was granted to Congress. He says: “that Congress should have the power of naturalization, in order to prevent particular States receiving citizens, and forcing them upon others who would not have received them in any other manner. It was therefore meant to guard against an improper mode of naturalization, rather than foreigners should be received upon easier terms than those adopted by the several States.” see CONGRESSIONAL DEBATES, Rule of Naturalization, Feb. 3rd, 1790 PAGE 1148
In addition, REPRESENTATIVE WHITE while debating the Rule of Naturalization notes the narrow limits of what “Naturalization” [the power granted to Congress] means, and he ”doubted whether the constitution authorized Congress to say on what terms aliens or citizens should hold lands in the respective States; the power vested by the Constitution in Congress, respecting the subject now before the House, extend to nothing more than making a uniform rule of naturalization. After a person has once become a citizen, the power of congress ceases to operate upon him; the rights and privileges of citizens in the several States belong to those States; but a citizen of one State is entitled to all the privileges and immunities of the citizens in the several States……all, therefore, that the House have to do on this subject, is to confine themselves to an uniform rule of naturalization and not to a general definition of what constitutes the rights of citizenship in the several States.” see: Rule of Naturalization, Feb. 3rd, 1790, page 1152
And REPRESENTATIVE STONE … concluded that the laws and constitutions of the States, and the constitution of the United States; would trace out the steps by which they should acquire certain degrees of citizenship [page 1156]. Congress may point out a uniform rule of naturalization; but cannot say what shall be the effect of that naturalization, as it respects the particular States. Congress cannot say that foreigners, naturalized, under a general law, shall be entitled to privileges which the States withhold from native citizens. See: Rule of Naturalization, Feb. 3rd, 1790, pages 1156 and 1157
Finally, let us recall what Representative BURKE says during our Nations` first debate on a RULE OF NATURALIZATION, FEB. 3RD, 1790
Mr. BURKE thought it of importance to fill the country with useful men, such as farmers, mechanics, and manufacturers, and, therefore, would hold out every encouragement to them to emigrate to America. This class he would receive on liberal terms; and he was satisfied there would be room enough for them, and for their posterity, for five hundred years to come. There was another class of men, whom he did not think useful, and he did not care what impediments were thrown in their way; such as your European merchants, and factors of merchants, who come with a view of remaining so long as will enable them to acquire a fortune, and then they will leave the country, and carry off all their property with them. These people injure us more than they do us good, and, except in this last sentiment, I can compare them to nothing but leeches. They stick to us until they get their fill of our best blood, and then they fall off and leave us. I look upon the privilege of an American citizen to be an honorable one, and it ought not to be thrown away upon such people. There is another class also that I would interdict, that is, the convicts and criminals which they pour out of British jails. I wish sincerely some mode could be adopted to prevent the importation of such; but that, perhaps, is not in our power; the introduction of them ought to be considered as a high misdemeanor.
So, will one of our brilliant posters who defends striking down SB 4, offer an explanation why the above documentation is nowhere to be found in any of the case briefs involving Texas’ SB 4 law?
JWK
Why have a written constitution, approved by the people, if those who it is meant to control are free to make it mean whatever they wish it to mean?