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Friday, July 9, 2010

The Declaration of Independence: Solution to the Immigration Problem

by Chuck McGlawn
If the Declaration of Independence was the Mission Statement for our National Government, (and I think it was.) then immigration would be a question for each individual State.

It seems as if our National Constitution recognized that aspect. Here is a Constitutional sandwich dealing with the powers of Congress, on both sides of our National Government’s power over immigration. The Constitution says, “…To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, (not immigration) and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures…” (Emphasis added) That is correct gentle reader the Constitution granted to Congress no power over immigration.

Please remember what the Declaration of Independence said about the Power of the National Government, it was, “to secure” man’s natural rights that, “governments are instituted among men, deriving its just powers from the governed.” Now, take yourself back to 1781 for the ratification of the Articles of Confederation. Take yourself back to 1789 for the Ratification of the Constitution; you lived in one of the thirteen States, and under the jurisdiction of that State. Did you as a citizen of, let us say Georgia have ANY power to dictate the immigration policies of the State of New Hampshire? Of course, you did not. Moreover, since governments, “deriving its just powers from the governed” it only follows that the only State to which to which you had any power over the immigration policies would be Georgia.

Now, let us say that Connecticut and Massachusetts both having similar economic circumstances. In addition, Connecticut opted for easy entry and easy come and goes to migrants, while Massachusetts took a hard line on migration, with more and more border guards, and stiff penalties for people who hired migrants. This would be a huge cause and effect learning lesson for each State’s Administrators. Other States would also learn from the experience

With the Declaration of Independence as the Mission Statement for our National Government, when the law passed granting the National Government the authority to establish a Social Security Administration the Supreme Court would have had to deliberate for about 30 seconds before declaring a National Social Security unconstitutional. Without a National Social Security, migrants would no entitlement on which to make a claim. However, if New Hampshire and Georgia had a form of Social Security safety net, then you could take whatever steps necessary to prevent migrants from collecting Social Security benefits.

With the Declaration of Independence as the Mission Statement for our National Government, education would be administered at the State level. Each State would either choose a tax supported Public School system, or leave education to privately owned schools brought into existence by the free market, or a combination of both. State Administrators would decide who attends and who does not attend Public Schools. Additionally, State Administrators may pass that decision down to the County level. In smaller School Districts, efficiencies and inefficiencies would reveal themselves faster and more completely.

Almost everyone agrees that our National Government exercised too much power over individuals. Almost everyone agrees that our National Government has usurped power from the States and from the people of those States. With the Declaration of Independence as the Mission Statement for our National Government, that usurpation would not have taken place. This means the current problem of migrants overloading our emergency rooms would not exist if we did not have a too powerful and too dictatorial National Government to control admission procedures to privately owned hospitals. This means the current problem of migrants signing up for the IRS “Earned Income Tax Credit” would not exist without a too powerful National Government to create an Internal Revenue Service. This means the current problem of migrants bring their children and overloading our school system would not exist without a too powerful National Government to dictate admission procedures to State funded tax supported or privately owned Schools.

With the Declaration of Independence as the Mission Statement for our National Government, States would be competing with all the other States for populations. State Governments call populations the “Tax Base”. Therefore, with competition being what it is, no State could ignore such a powerful impetus to State growth or to State stagnation, and State Administrators would learn in short order, which the migrants produced.

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