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Re US Homeland Security Will Start Collecting Social Media Info on All Immigrants October 18th


From: "Dave Farber" <farber () gmail com>
Date: Wed, 27 Sep 2017 17:01:43 -0400




Begin forwarded message:

From: Sam <samwaltz.groups () gmail com>
Date: September 27, 2017 at 2:37:26 PM EDT
To: Dave Farber IP <dave () farber net>, patrick () ianai net
Subject: Re: [IP] Re US Homeland Security Will Start Collecting Social Media Info on All Immigrants October 18th

From: "Patrick W. Gilmore" <patrick () ianai net>

Back on topic, I re-read my email and I can’t find anything in it where I said this wasn’t ALLOWED.

That's an easy one, but it's not in your email. I found a document
that prohibits it: the Constitution.

The Constitution grants Congress (not the President) the power to
regulate naturalization (Article I Section 8), but NOT immigration
(Amendment X).

* Article I, Section 8: "The Congress shall have Power... To establish
an uniform Rule of Naturalization..."

* Amendment X: "The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people."

Again, the Founders granted Congress the power to regulate
naturalization (who becomes a citizen) but not immigration. The
Constitution was in force for almost a century before Congress forgot
its Constitutional limitations and implemented the Chinese Exclusion
Act of 1882. Basically, these types of restrictions are neither new
nor Constitutional. (Of course, that forces the question of whether we
would rather have the US regulate immigration, or each of the 50
states do so... but if it is the former, we still need to enshrine
that power in the Constitution.)


And I hope that no one forgets that the President's powers are limited to:
Ratifying legislation (Article I, Section 7)
Being Commander-in-Chief (Article II, Section 2) [of course, it is
still Congress who declares war. (Article I, Section 8)]
Signing treaties (Article II, Section 2), normally with the consent of
the Senate
Making appointments (Article II, Section 2), normally with the consent
of the Senate

...And let's not forget taking the oath: “I do solemnly swear (or
affirm) that I will faithfully execute the Office of President of the
United States, and will to the best of my Ability, preserve, protect
and defend the Constitution of the United States.” (Article II,
Section 1).

I do hope that the President remembers that the role of the Executive
Branch is to execute the will of Congress, and not to be the most
powerful man on earth or the leader of the free world.

Sam Waltz

my-ny.org : Basel, December 2017
egg999.org : ???, June 2018



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