Citizenship Up for Grabs: The Supreme Court and Immigration

Mark R, Levin

3/2005

“The Constitution does not constitute us as Platonic Guardians nor does it vest in this Court the authority to strike down laws because they do not meet our standards of desirable social policy, wisdom, or common sense. … We trespass on the assigned function of the political branches under our structure of limited and separated powers when we assume a policymaking role.” — Chief Justice Warren Burger

If there is one area of law that should be universally understood as being largely outside the purview of the Supreme Court’s social engineering reach, it is immigration. Article I, Section 8, of the Constitution states that Congress shall have the power to “establish an uniform Rule of Naturalization.”

That, however, is not how events have transpired. For the last several decades, the Supreme Court has effectively trampled on Congress’s constitutionally mandated, separate, and exclusive power and taken upon itself the task of rewriting America’s immigration laws. The Court has abused its limited authority and has become, effectively, the architect of the rules governing not only how immigrants enter and remain in America, but whether those immigrants can avail themselves of social benefits that states and even Congress have sought to limit to U.S. citizens.

Thanks to succeeding Supreme Courts, illegal immigration – not legal immigrants but aliens who have broken U.S. law to enter this country – are entitled to a public school education at the U.S. taxpayers’ expense. The Court has also ruled that despite laws to the contrary, noncitizens who are legally in the U.S. can qualify for welfare, can seek tuition assistance to attend colleges and universities, and can take competitive civil service jobs and practice law.

The story continues …..