Does the Federal Government Have the Power to Regulate Immigration? Thomas Jefferson and James Madison Said No. Yet federal regulation of immigration is a power both Thomas Jefferson and James Madison maintained was “no where delegated to the federal government.” And since no amendment has granted that power since they made that argument in 1798, it is exercised by the federal government without the consent of the governed, legitimized only by the same kind of “activist Court” conservatives condemn when it sanctions federal power they don’t like. [Foundation for Economic Education]
This is something I’ve been pointing out for years, so I’m pleased to see that someone else as noticed it. Sadly, it doesn’t really matter in practice since the government doesn’t care at all about the Constitution.
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