I wrote this many years ago now; maybe a little after 2000 for Indiana Policy Review. Immigration isn’t the issue du jour at present that it was at the time, but just wait…we ain’t seen nothin’ yet…
Laws are words; let’s get them straight. “Immigration” is when somebody lawfully moves from one place to another. “Illegal aliens” are those who cross borders in violation of laws. Tens of millions of illegal aliens are, what; is “invasion” too strong a word? Whatever it’s called; when it goes on for decades while we wait for federal action – or worse, when it’s caused by federal action, it’s stupid.
This July 4, let us remember that a truly federal government is allowed only a few powers. Each state is otherwise just as sovereign as other states around the world such as France or China. Article 4, Section 16 of the Indiana Constitution reserves for the Indiana legislature all necessary powers of “a free and independent state.” Article 5, Section 12 says, “The Governor shall be commander-in-chief of the armed forces, and may call out such forces, to execute the laws, or to suppress insurrection, or to repel invasion.” Most people have no idea that states legally have so much might.
The U.S. Constitution’s Article I, Section 8 grants the U.S. Congress power, “To establish an uniform Rule of Naturalization.” The 14th Amendment to that contract says, “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,” because through the War Between the States it was assumed that each state had the right to determine who had rights of citizenship and who didn’t. Of course, the proviso, “ . . . and subject to the jurisdiction thereof” means that some are not subject to the jurisdiction of the United States; but the U.S. Constitution says nothing else about aliens, other than they can’t hold federal office.
Article I, Section 10 details the powers prohibited from the states, yet nothing limits any state’s authority over illegal aliens within its borders. In fact, this section’s prohibition against states declaring war is restrained by, “ . . . unless actually invaded, or in such imminent Danger as will not admit of delay.”
Arizona’s S.B. 1070 has made news, but in fact Article II, Section 35 of the Arizona Constitution already specifically denies illegal aliens citizen rights. Article XVIII, Section 10 actually denies illegal aliens any employment rights.
So, by the existing laws (paying special attention to the federal 10th Amendment), states already have both the authority and power to maintain constitutional rights and order within their borders. No new laws, no new powers are needed.
That said, our illegal alien problems aren’t about illegal aliens, their crimes or even the “Reconquista” nationalism of many.
Our problems, both with immigration and otherwise, are more fundamentally with socialism.
Even without its inevitable corruption and political oppression, socialism makes each citizen pay for others’ lifestyles, accidents, schooling and healthcare. The collectivist hooks we stick into each other, even with the best of intentions, will tend to make us want our fellows to stay out of our wallets, cough up money from theirs, and die quickly, before Social Security checks start going to them at our expense.
The hooks make us care about what others eat, drink or smoke. Hooks make us care about who others date, how others live and what others can and cannot own. Socialism is inherently, demonstrably, nosy, jealous, covetous and antisocial.
The whole point of our constitutions is to prohibit this cold, starving, jealous existence, thank God.
But what most people gripe most about illegal aliens is that we have to pay for them! That’s not their fault, that’s ours. It’s also not a particularly valid fear, because aliens, illegal and otherwise, both contribute more to the economy than they take out, but are also necessary to make our Pyramid-Scheme social “safety net” programs work for even the short term.
They’re also willing labor that helps employers get around the laws that make “legal” labor impractical or impossible. And they do pay payroll taxes.
We need more people paying payroll tax per retiree. Our domestic-born population is shrinking, you know. That’s bad math for both Social Security and Medicare.
And the overwhelming majority of the people pouring across our borders up to now are doing so to find a better life. They’re escaping war-torn, corrupt, drug-war-disrupted nations in hopes of raising their kids in peace and prosperity. Wouldn’t you do the same?
Heck; we’re the ones who’ve messed up their country in most cases. Our drug prohibitions, our “nation building,” our propping-up of dictators who’d otherwise fall… This is the least harmful blowback we suffer from our international nannying, meddling and bullying. It could get a LOT WORSE!
Imagine all the people in the world we’ve been bombing and manipulating for generations – Middle East, Africa, Central America…what if they see our open border as an invitation to get back at us? Or what if a more powerful enemy decides that military invasion can be a quiet, gradual, subtle thing?
Or on an even more simple level, what if a bunch of people decide to just walk in and replace the “indigenous population” and thus create a whole new country?
…Isn’t that latter “immigration” how this country, and its experiment in liberty started? Couldn’t that be how that experiment ends?
We Declare 
If not unconstitutional on the wording of the 14th, then it is unconstitutional on the Supreme Court decision on the 14th, and the code under the 14th.
The Supreme Court decision, Brown v. Board of Education (1954), was made not on the Constitution, but on the needs of society.
The original Constitution delegated no power to the federal government concerning Citizens, Freedom, or Rights.
The citizen Militia is the State’s constitutional army; The Militia is the first line defense against terrorism, worded in the Constitutional thus; Article I, Section 8, clause 15, To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;.
Article IV, Section 4, Clause 1. The United States shall guarantee to every State in the Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or the Executive (when the Legislature cannot be convened) against domestic Violence.
Obviously the Militia is always on duty to suppress Insurrections and repel Invasions until called to duty by a higher civil authority, a Sheriff, Governor, or on State application Congress.
Unfortunately, the aptly named “Dick Act” of 1903 destroyed and “federalized” (not federal at all, of course – now it’s a unitary government) the militia system.
Not in truth because an Act can’t amend the Constitution, reference Article V.
Constitutonally, you’re correct. In human fact, unfortunately, you’re wrong. If people want to destroy constitutional rule of law, they can, will, and did.
Sigh…
Laws are just words. What counts is decisions and actions. We’ve been making terrible choices and acting like fools.
Yes, the Constitution is correct, government and the citizenry are incorrect. No law enforces itself, the Constitution is a law, citizens law to rule government Officials in their official acts. Therefore, citizens are obligated to enforce their law. Not enforce the whole of the Constitution, but simply enforce the Oath of Office. All government Officials are required to take, or affirm, the oath; the only citizen power to enforce the Oath is the ballot box, to not reelect corrupted Representatives.
Lawmakers, Congress, that exercise a power not delegated to them by the Constitution commit the crimes of usurpation, perjury, and possibly Treason, and should never be reelected.
Federal usurpation (corruption) continues only with the complicity of the House in Congress; House corruption continues only with the complicity of citizen Voters. Citizen Voters elect every Representative in the House every two years, or not reelect the Incumbent. Citizens have no other power to force government Officials to do anything.
However, to my knowledge, FDR’s administration, thru usurpation, turned the U.S. from a Republic to a Democracy. Ever since citizen Voters believe they can impose their will on government, which is completely false. Citizens get what they want only if want citizens want is what government wants to give, or impose on citizens, like unconstitutional civil rights.