Congressional Authority over Immigration and Naturalization
JMHACLJ at aol.com
JMHACLJ at aol.com
Tue Oct 25 08:45:22 PDT 2005
What are the constitutional dimensions of the plenary authority of Congress
over immigration and naturalization? How does the Fourteenth Amendment play
into the definition of those dimensions?
Could Congress, assuming veto proof majorities or approval by the President,
pass a law imposing ANY conditions whatever on naturalization?
For example, taking and passing a civics exam in the English language?
Or, for example, could Congress limit naturalization to (1) an age group,
for example, persons aged 21 or older, (2) a single gender (pretend we're
Australia and we have too many men and not enough women), (3) a category of races
or national origins that included some and excluded others?
Jim Henderson
Senior Counsel
ACLJ
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