Immigration, Foreign Affairs and the Constitution

Many “progressive” opponents of the Arizona immigration law are arguing that it's unconstitutional because foreign affairs is exclusively the province of the federal government.

That foreign affairs is exclusively the province of the federal government is commonly asserted. But it is a myth – at least if one respects the Constitution’s text and original understanding.

Before explaining why, I have to say that a claim that the Constitution reserves powers exclusively for one level of government is an unusual argument for “progressives” to make. In general, of course, the most vocal “progressives” could care less about what responsibilities the Constitution assigns to what levels of government.

It’s not just that they favor the federal government invading the sphere that the Constitution reserves to the states. It’s also that they have repeatedly urged state and local governments to invade the supposedly exclusive sphere of the federal government. Remember all those campaigns for state and local governments to adopt nuclear-freeze resolutions, South Africa boycotts, and nuclear-free zones?

Anyway, let’s move beyond the limitless subject of political hypocrisy to describe just how the Constitution does distribute foreign affairs authority.

First, the Constitution gives the federal government supreme authority over foreign policy. Congress and the President can pre-empt an issue by exercising one or more of their enumerated powers. If Congress dislikes a state action in that realm, Congress can pass a law overriding it.

If, however, Congress has not acted or acted incompletely, the states have certain reserved powers to act on their own. In other words, the Constitution acknowledges concurrent, although subordinate, state authority over foreign affairs – including immigration.

How do we know this? From both the constitutional text and from the record left by those who debated and ratified the Constitution. Here is the evidence

This is a ping list promoting Immigration Enforcement and Congressional Reform.
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This brings me up to date. Busy week ahead, so will get updates out whenever I can.

Ann Coulter: "Liberals are being Hysterical" About New Arizona Anti-Illegal Immigration Law - Video

10th Annual May 1st March: We are all workers!(Senator Patty Murray Likes This)

Poor Mexico and those wicked Americans

21 people arrested in federal drug bust. Smuggling incidents uncovered

Immigrant Activists, Including Congressman, Arrested Outside White House ( U.S. Rep Luis Gutierrez)

Tucson rally draws 3,000 critical of Arizona immigration law

17 caught in search for Pinal County deputy’s attackers

Rallies expect boost after Ariz. immigration law

Catholic Money and Tax Dollars Finance Illegal Alien Rally

Hispanics decry Arizona law at May Day rallies

Anger over Ariz. immigration law drives US rallies

Immigration Rally Union Square (NYC)

Anger Over Arizona Law Sends Thousands Into the Streets: Big rallies?

“Small” And “Smaller”: Pro-Illegal Immigration Protests Fizzle

L.A.'s May Day Immigration Rally Is Nation's Largest [Next Congress Must Get Tough on Sanctuary]

1,000 rally for immigration reform in Las Vegas

Ted Nugent: Immigration lesson for numskulls-Arizona is leading, America should follow

Top 10 dumbest things said about the Arizona immigration law

Video of Democrat Rep. Luis Gutierrez Being Arrested in Front of the White House - 5/1/10

Immigration law draws protest, support (San Diego, CA)

17 Suspected Illegal Immigrants Caught in Search for Ariz. Deputy's Attackers

Blazing Arizona

Immigration reform march in Yakima draws 2,000

Dallas immigration rally ends with crowd estimated at 25,000 (Not even close to the 100k expected)

Tea Party to Fight Senate Amnesty Proposal

Border Disorder

Worries in Republican Arizona law could hurt party (I'm gonna puke)

Riot breaks out in downtown Santa Cruz, CA (Anarchists and Leftists at work)

California: Hundreds in Santa Ana protest Arizona law

Immigration Divides Hayworth and Gutierrez

EDITORIAL: Obama's race-baiting--Democrats use fear-mongering to radicalize the Hispanic vote

Undocumented immigrant says SB 1070 'needed to happen'

Hundreds Protest Arizona Law at (California) State Capital

Ariz. Immigration Divides Hayworth and Gutierrez

Coulter: I've Never Seen Any Issue Lied About As Much As Ariz. Immigration Law

The Green March - Illegal immigration and strategy of unarmed invasion - ALAN KEYES

Immigration Protest Turns Violent

Napolitano calls Arizona immigration law 'a shame'

Newsweek’s Clift: U.S. Illegal Alien Wave a 'Happy Invasion'; Says 'We Love the Diversity of Food'

18 businesses damaged after May Day protest in Santa Cruz, Calif., turns violent

Blaming the citizen: Left fuels backlash on illegals

Palin Endorses Candidate Who Views Arizona Law As A “Wonderful First Step”

Nancy Pelosi: It Will Take "Presidential Leadership and an Appetite" to Move on Immigration - Video

Opinion polls show broad support for tough Arizona immigration law

Mexican Immigration Law

Peggy Noonan, Minute Man?

'Immigration' Isn't the Problem

Arizona faces tougher sanctions than Iran [WELCOME TO FASCIZONA]

Arizona deputy shot; illegal immigrants suspected (Latest Story)

Immigration enforcement sweep uses Whitfield jail

Arizona law's foes are using the real immigration scare tactics

AZ Law awakens "sleeping giant". Obamacare didn't?

Time to ‘Listen to us’

Protests Across US Over Arizona Immigration Law (Estefan in L.A.)

Immigration Fight Will Fire Up Wrong Base (For Obama and Democrats, that is)

Mahony blesses L.A.'s rally [pro-(illegal)immigration rally]

Immigration Echo Chamber

Mexican traffickers get help from US prison gangs

Stop immigration? You'd kill nation (THE "POPULATION BOMB" IS DEFUSED)

Arizona’s fight for our America

Ariz.'s largest paper: Pols failed on immigration

Pa. legislator plans to introduce immigration bill

Padres' Adrian Gonzalez speaks out against AZ law

New Hertz Ad Says 'BUYCOTT ARIZONA!'

Fair to Whom, Mr. President?

What If Arizona Were Quebec?

Senate Dems plan: National ID Card or Mark of the Beast?

New FaceBook Group: Legal American Citizens Boycotting MLB if MLB Boycotts Arizona

Video: Former DOJ Advisor Defends AZ Immigration Laq

Arizona's border war

Illegal hiring for airport construction?

Government: More than 22,000 dead in Mexico drug war

(South Texas:)FBI reports abduction spike for Hidalgo, Starr counties

[Mexico:]Six killed in Comales gunbattle

Resolution Against Arizona's Immigration Bill On El Paso County's Agenda Today

232 immigrant criminals off Georgia streets

Immigrants Carry “Death to US Imperial-Fascists” Sign At NYC May Day Rally… Media Silent

Groups accuse Zebulon police of racial profiling

LA Times: Both sides in Arizona's immigration debate use crime argument

Arizona has done nothing wrong; Illegal Aliens have

Fiorina: 'Racist tone' to border debate

Listen & Learn: El Rushbo on the Left's Pro-Illegal Immigration Campaign (4/28/10)

Black Group Blasts L.A. Mayor Villaraigosa for Supporting Arizona Boycott

American is focus in Krentz killing (AZ Rancher)

Mexico's illegals laws tougher than Arizona's

At least 18 Santa Cruz businesses suffered damage during May Day riot

The Big Alienation

Minn. Somali to plead guilty to lying to FBI

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