The ideas that formed the Constitution, Part 20: Vattel and the Law of Nations
During the 17th and 18th centuries, five great scholars forged international law into its modern shape. The American Founders relied on their work.
Understanding the Constitution: The Power to Restrict Immigration
The Constitution gives Congress power to “define and punish” offenses against the law of nations. Scholars popular among the Founders wrote that illegal immigration is such an offense.
The Constitution does indeed permit immigration caps as part of ‘the law of nations’
Some pro-immigration activists question whether the federal government has any constitutional power over immigration. “Where,” they ask, “is the word ‘immigration’ among the powers the Constitution grants to Congress?”
Does the Constitution really give Congress power over immigration?
Congress’s power to “define and punish . . . Offenses against the Law of Nations” included authority to “define” immigration rules and “punish” those who violated them.
