Democracy - Republic
The Constitution is the Rule of Law on Illegal Immigration
The Constitution is the Rule of Law on Illegal Immigration
A few years ago I posted a 13-part series on The Constitution. I am by no means a Constitutional scholar, but do believe as a citizen of this Nation is it my responsibility to know our Constitution and understand the true and real intent of our Founders in writing this wonderful document.
While the Declaration of Independence establishes our God-given rights of, "life, liberty and the
pursuit of happiness, " the Constitution by the rule of law ensures that those rights are protected
even from the federal government.
When I posted the series the amnesty bill which thankfully failed in Congress was in full swing
and I felt it necessary to include in the series what the Framers and our Constitution established
on the hotbed issue of illegal immigration. Following is that post and in light of the legal and
the needed bill which is now law for the State of Arizona, knowing what our Constitution establishes
concerning immigration is even more prudent now than it was in 2007.
“We the People of the United States, in order to form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the common defense, promote the general Welfare, and
secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America."*
Amendment 14, Section I - *All persons born or naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the United States and of the State wherein they reside
Whenever a question arises concerning an important issue such as immigration, the best and
the most reliable source for finding what this Nation should do in solving any problem that we face
is to look to the Constitution.
While there are only two specific references in the Constitution to immigration, stated in this
most important of documents as, *naturalization, " there is clear evidence by the Framers as to
what they intended concerning the rights of the people who live in this country and how those
rights affect immigrants both legal and illegal.
The two references in the Constitution that specifically mention, *naturalization, * are found in
Article 1, Section 8 in creating the authority of the Congress, "To establish a uniform Rule of
Naturalization." Thus from a Constitutional standpoint, it is the responsibility of Congress to
establish all laws and rules of naturalization or immigration.
The second reference is located in the 14th Amendment shown above stating, "All persons
born or naturalized in the United States," are, *citizens of the United States and of the State
wherein they reside."
The key thought in the 14th Amendment which along with several other provisions established in
the Constitution shows that the intent of the Framers was that only citizens of the United States
whether born or naturalized are granted the rights and privileges that are available in America.
While Congress has the Constitutional authority to establish laws of naturalization or
immigration they do not have a true Constitutional authority to create blanket legislation that
allows non-citizens the rights of born or naturalized Americans. In other words, amnesty is
technically unconstitutional because it bypasses the laws which are established for immigrants lo
become American citizens.
The beginning of the Preamble of the Constitution states clearly who gives authority to the
government and in whom the rights established in the Constitution belong and they are," We
the People of the United States,
The Framers clearly show that the laws governing this country as established in the Constitution
and the rights that are available are for citizens of this land. Even the very Representation in our
government from the President to the Congress are established that eligibility to hold public
the office is reserved for citizens only with the President required to be a natural-born citizen of
The United States and not a naturalized citizen.
"Throughout the Constitution, our rights are continually shown to be for citizens of the country
even when the word citizen is not specifically mentioned. The Preamble calls the establishment
of the Constitution by, "We the people,
." clearly indicates that each of the rights and privileges
as recorded by the Framers are for the citizenry of this country only.
This does not mean that those who immigrate legally to The United States are treated as second
class people or that the laws that protect our citizens whether civil or criminal do not afford the
same protections and freedoms to all whether citizens or legal immigrants,
But the rights that we have to vote, to speak freely, to worship as we will, to keep and bear arms,
protection from illegal search and seizure, all are rights given by the authority of the people for the
people, the citizens of the land. It then is also established that any of these rights that may be
afforded or not afforded to non-citizens are given ONLY by the authority of the people of
The United States.
Anyone who enters in or resides in this country has the privilege given by the authority of the
people to share in our freedoms and rights. Citizenship though is not a right that is given nor the
privileges of citizenship to any immigrant whether legal or illegal until thy have been
established by the laws of naturalization as Americans.
Birth gives Americans the right to citizenship but to those who immigrate citizenship must be
given by the rule of law. The Framers made it very clear that the law must first be satisfied
before the rights of citizenship are available. Each Constitutional reference to our rights and
privileges is for the people who are the citizens only.
The Framers realized that once the freedoms and liberties that we have in this country became
known to the world that The United States would become a melting pot of cultures and
nationalities from all over the world. But they also understood the necessity of keeping our
identity as Americans and in establishing a uniform rule of law for gaining citizenship in
America and having as born and naturalized citizens the rights and privileges as an American!
Article Credit: Kim Taylor of the Liberal Lie and The Conservative Truth