Quote (Ghot @ Mar 7 2018 05:48pm)
No, it clearly says in the US Constitution that the States only get to decide about immigration, before 1808. After 1808, it the job of the Federal govt. to decide about immigration.
That's not what the founding fathers who wrote the Constitution have to say about the Migration or Importation Clause. It refers to
forced migration and importation of slaves. You are misinterpreting the word itself, as it was used.
Chief Justice John Jay wrote an opinion on it:
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It will, I presume, be admitted that slaves were the persons intended. The word slaves was avoided, probably on account of the existing toleration of slavery and of its discordance with the principles of the Revolution, and from a consciousness of its being repugnant to the following positions in the Declaration of Independence, viz.: ‘We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among them are life, liberty, and the pursuit of happiness.'
James Madison,
the person who wrote the clause, had this to say:
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(there were) scruples against admitting the term ‘slaves’ into the Instrument. Hence the descriptive phrase ‘migration or importation of persons;’ the term migration allowing those who were scrupulous of acknowledging expressly a property in human beings, to view imported persons as a species of emigrants
and this:
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Attempts have been made to pervert this clause into an objection against the Constitution, by representing it as calculated to prevent voluntary and beneficial emigrations from Europe to America.
This concessionary clause to appease the slavers in the Southern States in order to gather enough votes to ratify our Constitution should not be perverted into authoritarian, anti-federalist propaganda or used in any way to cede the power of the many states to the federal government.
This post was edited by inkanddagger on Mar 7 2018 10:45pm