Re: "Congress has the authority to ban immigration from Muslim countries"

NO Amendment can change those restrictions prior to 1808.
There is no Power enumerated for the Congress To "prohibit" the migration or importation. It necessarily requires an Amendment. The Amendment process, however, solidifies that the Government cannot simply Amend this before 1808. AIS9C1 is a prohibition AGAINST Congress doing something (they are nowhere empowered to do in the first place) AND it adds a tax. The "importation" matter was addressed in Amendment XIII. There is no Amendment regarding (natural right) "migration" or "immigration" or similar. These powers remain with the Sovereign States.

As Amendment X so plainly relates:

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.

The obvious place "immigration" powers would appear would be in AIS8C4. They don't. They appear nowhere else either.

While Americans and other within the boundaries are certainly enslaved, THAT is not what that "aging parchment" relates.

Regard$,
--MJ

Modern nationalism and collectivism have, by the restriction of migration, perhaps come nearest to the "servile state." …Man can hardly be reduced more to a mere wheel in the clockwork of the national collectivist state that being deprived of his freedom to move.... Feeling that he belongs now to his nation, body and soul, he will be more easily subdued to the obedient state serf which nationalist and collectivist governments demand. -- Wilhelm Röpke



At 02:04 PM 4/2/2011, you wrote:

That simply states that no Amendment made prior to 1808 may permit a change to the provisions of Article I, Section 9. It does not state that an Amendment is necessary for Congress to limit migration after 1808.

Personally, I have no problem with free migration from one area of the planet to another. But that does not change what those four pieces of aging parchment actually say.

On 04/02/2011 10:34 AM, MJ wrote:

Yep ... that goes with THIS portion of Article V:
 ... Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article ...

So you imagine there to be an Amendment providing such a Power?

Regard$,
--MJ

"Bryan Caplan has a damn good argument against the welfare state: Its existence will always be raised as a reason why free immigration cannot be permitted. Thus the theory of human rights is set against itself. The winner is power." -- Sheldon Richman




At 01:31 PM 4/2/2011, you wrote:

Article I, Section 9, states in part, "The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person." That would suggest that Congress was not prohibited from doing so after 1808.

On 04/02/2011 06:34 AM, MJ wrote:

Really?
Congress has no authority over immigration at all.
Perhaps a citation of the Article, Section and Clause or Amendment is in order.

Regard$,
--MJ

The Constitution does not authorize the federal government to control immigration. Nor does it say anything about illegal aliens. ... Sadly, lawmakers have repeatedly interpreted this silence as license for ill-conceived legislation. Congress began barring entry to the nation in 1875 with prostitutes and convicts. Soon, all sorts of people fell short of congressional glory: ex-convicts in 1882, along with Chinese citizens, lunatics, and idiots. Paupers, polygamists, and people suffering from infectious diseases or insanity made the list in 1891, while the illiterate were banned in 1917. -- Becky Akers


At 02:45 AM 4/2/2011, you wrote:

 

"Congress has the authority to ban immigration from Muslim countries"

barenakedislam | April 1, 2011 at 7:17 PM | Categories: Islam in America | URL: http://wp.me/peHnV-rS2

Bryan Fischer continues to infuriate the Left with his honest assessment of Islam in America. Right Wing Watch --Last week, the American Family Association's Bryan Fischer declared that the First Amendment does not apply to Islam and therefore, Muslims have no right to freely practice their religion in this country. A few days later, Fischer [...]

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