Justice Anthony M. KennedyJustice Anthony M. Kennedy, (1936-) Associate justice of the Supreme Court of the United States

Justice Anthony M. Kennedy Quote

β€œThe Government of the United States has broad, undoubted power over the subject of immigration and the status of aliens. ... It is fundamental that foreign countries concerned about the status, safety, and security of their nationals in the United States must be able to confer and communicate on this subject with one national sovereign, not the 50 separate States.”

Justice Anthony M. KennedyJustice Anthony M. Kennedy
~ Justice Anthony M. Kennedy

Arizona v. United States, 567 U.S. 387, 394 (2012)

Ratings and Comments


Mike, Norwalk

With the Constitution's 9th and 10th Amendments (Bill of Rigts) in mind, please β€” anyone, show me the specific clause that gives to the U.S. federal government authority or power over the subject of immigration ! ! !  I seem to have missed or otherwise overlooked that clause. It is very clear the federal government has been given authority and power over the subject of citizenship and protection against State invaders (countries, organized groups {cartels, political organizations, religions, etc.} but NOTHING concerning immigration.  Maybe I'm wrong, please show me.

E Archer, NYC

Mike, when the US Constitution and the state constitutions were ratified, people were considered citizens of their own (sovereign) state.  So, in that context, you are correct.  But even George Washington acknowledged that only people who were willing to adopt the 'American way' should be allowed to emigrate and so that the customs of a people not accustomed to freedom and the responsibility that comes with it do not outnumber the patriots who fought hard for their freedom from state supremacy.

Mike, Norwalk
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Mike, Norwalk E Archer, NYC 2/26/26

Archer, of course you are right (-; BUT :-) under fleshly philosophy of men (legal positivism most specifically) β€” unless it is written; it ain't so. Immigration was such an important topic and event to the several States, that authority was not given to the federal government. To my knowledge, each State operated its immigration policy(s) within the common law sovereign authority of the individuals within the State; subsequently, no State has put forth a written policy concerning immigration. The federal government (having in fact NO common law authority) usurped unconstitutional power to enact federal immigration policy.

E Archer, NYC
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E Archer, NYC Mike, Norwalk 2/26/26

The slick creation of the 'US citizen' via the 13th Amendment clouds the issue.  I think in actuality, state citizenship has never been revoked, just as the sovereignty of each state hasn't been revoked, just ignored (see the War Between the States).  Statism has become the de facto norm as a result.  But, yes, there are no 'common law' writs that grant the US government to manage immigration (and a whole host of other things they do like issue birth certificates from the US Treasury, etc.).

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