4 passenger cases 1849 invalidated state nyma taxes

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4. Passenger cases (1849): invalidated state (NY/MA) taxes on immigrants 5. Head Money Cases (1884) - upheld federal tax statutes 6. So clear taxes = commerce is less clear immigrants = commerce 7. Edward vs Ca (1941) : transportation 8. How to define immigrants do commerce 9. 1870s-1880 recession .... rights = citizenship? 10. Migration for purposes of trade! high/low skilled labor adds value to our economy immigrants provide human capital as resource...trust people well, afford them in rights b. The Naturalization Power i.Art I, Sec 8 Cl 4 ii.Constitution grants Congress the power to “establish a uniform rule of Naturalization” iii.Does this clause gave Congress the power to regulate immigration? … not necessarily / explicitly iv.What about non-immigrant aliens on temp work visas? c. The War Power i.Art I, Sec 8, Clause 11, grants Congress the power to declare war ii.Enemy Aliens Act 1798 still on books is an example of the argument that war power gives congress the authority to stop entry and expel “enemy aliens”...need war and enemy d. The Migration and Importation Power i.Art I Sec 9 Cl 1 ii.“The migration or importation of such person as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to 1808” iii.slave trade iv.Congress Power e. The Foreign Affairs Power i.Field in Chinese Exclusion Case associates immigration with foreign affairs but foreign affairs have no explicit mention in the Constitution f. Inherent Power g. Back to sovereignty i.Key .. inherent powers (curtis wright case) 1. connection of immigration to foreign affairs makes sense (Dealings with subjects of foreign countries) 2. when dealing with foreign affairs, the US got is treated as a solitary unit 3. The legitimizing authority for looking at the US govt as a solitary whole is sovereignty predating the Constitution and rooted in international law a13
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9. Chinese Laborer came to the US to visit family … stayed for 12 years 10. Congress can delegate its powers to the executive branch II Possible Themes for Essay Questions. You will see two of these themes the exam 1. Having to do with: ascriptive forms citizenship: 1) blood-line citizenship; 2) (parents born here); 3) consent 2) Having to do with the origins of the federal government’s powers to regulate immigration. 3. Having to do with history of immigration policy 4) Having to do with citizenship/ membership, naturalization and children of undocumented immigrants 5) Having to do with the framework for deportation and exclusion hearings. a14
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  • Fall '12
  • Koulish
  • Immigration to the United States, United States Congress, United States nationality law, History of immigration to the United States, United States federal immigration and nationality legislation

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