Federal laws must be constitutional

I would like to add to Lorne DeWitt's comments of July 18 about Arizona immigration law and the supremacy clause in Article 6 of the Constitution. I agree that federal laws and regulations trump conflicting state laws, so long as those federal laws are constitutional, as delegated in the enumerated powers of Article 1 Section 8 of the Constitution.

I wonder if the states ever gave up their power to control immigration. It seems logical they had that power after the signing of the Declaration of Independence, as "free and independent states," without a federal government. Under our first Constitution, the Articles of Confederation, each state retained its own "sovereignty, freedom, and independence."

Reading Article 1 Section 9 of our current Constitution concerning "Migration or Importation of such persons as any of the states now existing shall think proper to admit," it appears that the power is still there. In Thomas Jefferson's Kentucky Resolutions of 1798, paragraphs 4 and 5, he used this section to argue against the unconstitutional Alien and Sedition Acts. Section 9 did leave room for an amendment, to be proposed only after 1808, to give Congress that power; but there has not been an amendment to do that.

Naturalization is in the enumerated powers of Section 8. Immigration is not naturalization. They are different. Naturalization is about citizenship rights. Therefore, it seems to me that the supremacy clause cannot be used to give the federal government power to control immigration. Invasion? Do they fit that definition? Then call them invaders. Commerce clause? People are not bought and sold anymore. Legally, anyway. Welfare clause? Not to overrule a constitutional state power under the 10th Amendment. Necessary and proper clause? That one is only for carrying out the enumerated powers in Article 1 Section 8, and all other, federal only, constitutional powers. None of these clauses should be used to create new unconstitutional laws.

As the federal government tries to expand other unconstitutional mandates, such as forcing property from employers to provide health care, or forcing you to buy insurance, you will see how important the 10th Amendment is. Nullification by the states of unconstitutional federal laws is out of Supreme Court control, constitutionally.

See tenthamendmentcenter.com for updates on 10th Amendment resolutions in all states. The states did not create a national government. They created a limited federal government.

The first 10 amendments, known as the Bill of Rights, reaffirmed those limits. I believe that the 10th Amendment is our best option to control the federal government. Now, it is up to the states, and the people.

Pat Miketinac

Brooksville