What can the Gov. REALLY do? Naturalization v Immigration v2.0
By: Michael Strauss - County Director LPCCAA
Some people may say that Libertarians are torn on the issue of Immigration. Since we already know that it is not the governments job to regulate how a business may run it's operations and they may not tell a business who they can and cannot hire in a free market, free enterprise system, we then realize that it is ludicrous to fine businesses for simply employing an individual. Now some may say that the business is being fined for hiring an individual because that individual broke the law. Lets take a look at the constitution and decide step by step if the individual preformed an unlawful action or it is the law itself that is unlawful.
When you look at immigration, just like any other issue we must first look to the constitution to find out where we must start. In order to do this we must understand a few key definitions.
From Princton's WordNet:
Naturalization: (n), the proceeding whereby a foreigner is granted citizenship.
Immigration: (n), migration into a place especially migration to a country of which you are not a native in order to settle there
If Naturalization was listed as a verb (which some dictionaries do since it is an action) You could simply define it as: The "process" by which a foreigner is allowed to become a native or citizen.
If Immigration was listed as a verb (which some dictionaries do since it is an action) You could simply define it as: The "process" by which a foreigner migrates (or otherwise physically travels) to settle there.
Now that we see that Naturalization and Immigration have two distinct meanings lets see how they fit into the constitutional rule of law that current "Immigration" Law is based on.
Article One, Section 8 U.S. Constitution States: "The Congress shall have Power... To establish an uniform Rule of Naturalization"
If naturalization is the process by which a person becomes a citizen then they may not regulate the process by which a person enters or exits the country (migrates). Congress may provide a method for only the process of becoming a citizen.
Some say that the constitution also states; "and provide for the common Defence". Yes it does however, that clause does not authorize immigration law. It is however a sub-clause of the clause "To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence general Welfare of the United States" It simply authorizes a tax to support any means of defensive war.
So what can congress really do within the constitution. They can state that a person that wishes to become a citizen must follow a curtain process which may include; an oath, resending other alliances, and only according to common sense a monetary requirement along with some means of support (employment) and provisions of a stable home. These common sense provisions are the same even for those that move out on their own when they reach adulthood and a base for emancipation. This to help ensure a person will accept responsibility and provide for themselves instead of others providing for them through a system of social services.
According to the founders anyone can reside here and even work here without applying for citizenship due to every human having the right to travel freely and provide for themselves and their family. These rights are absolute for every human since rights are given by our creator and not the government. However that would mean that they are not privileged to the benefits of citizenship. Those may include voting and social services.
I hope that you now understand the proper role of our government in the Naturalization process and understand that they do not have a role in the immigration process. Because of this laws that pertain to placing fines on businesses and regulating who may be employed and who may not are unlawful because they are contrary to the constitution.
So what is the answer... STOP GIVING HAND OUTS TO THOSE THAT ARE NOT AUTHORIZED TO RECIEVE THEM AND STOP BIRTHRIGHT CITIZENSHIP... PERIOD!
Once you stop providing social services and stop allowing loopholes like birthright citizenship that allow for unqualified non-citizens to take advantage of receiving benefits you will effectively halt the current problem we have today.
So why do I not advocate fines for businesses? When you require businesses to use the SAVE program and require workers to show their papers you create an unconstitutional society. The 4th and 5th amendment protects your privacy and prevents this type of action. Many court cases have been won over the years to provide a strong legal defense in this matter. One of them is EEOC v. Information Systems Consulting. This case showed that an employee does not have to provide an employer with his/her SSN as a term of employment. Furthermore having a SSN is completely optional as shown here: http://www.socialsecurity.gov/pubs/10023.html#must
I hope that you will read further into this issue and learn more. As freedom loving Libertarian minded individuals we must realize that we have the responsibility to uphold the constitution and to ensure that the rights of others are not violated. Security can only come through a responsible use of our freedom. When we fail to use that freedom responsibly and we allow fear and greed to come before peace, privacy, and prosperity we will always fall pray to the utter reality of having neither freedom nor security.
Being "Libertarian" simply means one who believes in Liberty. As such we must take hold of that belief, no matter what party or not you may belong to and lead the way into a brighter future. A future with hope, peace, prosperity, and overall a genuine strive to revive government from it's dismal state into a beaming bountiful Republic that will uphold and protect the rights given to all of us by our creator of life, liberty, and the pursuit of happiness. We must be activists for liberty or our children and our grandchildren shall have a future of despair and servitude to look forward to.
We should not be torn any longer. We must ban together as one, to defeat the encroaching arm of socialism in society today. We all shall be remembered for something... some as heroes... some and villains. Let us be remembered as the ones who choose to pledge our life, liberty, and sacred honor on the line to free the hearts, minds, and lives of others from the looming collapse of our once great nation.
By: Michael Strauss - County Director LPCCAA
Some people may say that Libertarians are torn on the issue of Immigration. Since we already know that it is not the governments job to regulate how a business may run it's operations and they may not tell a business who they can and cannot hire in a free market, free enterprise system, we then realize that it is ludicrous to fine businesses for simply employing an individual. Now some may say that the business is being fined for hiring an individual because that individual broke the law. Lets take a look at the constitution and decide step by step if the individual preformed an unlawful action or it is the law itself that is unlawful.
When you look at immigration, just like any other issue we must first look to the constitution to find out where we must start. In order to do this we must understand a few key definitions.
From Princton's WordNet:
Naturalization: (n), the proceeding whereby a foreigner is granted citizenship.
Immigration: (n), migration into a place especially migration to a country of which you are not a native in order to settle there
If Naturalization was listed as a verb (which some dictionaries do since it is an action) You could simply define it as: The "process" by which a foreigner is allowed to become a native or citizen.
If Immigration was listed as a verb (which some dictionaries do since it is an action) You could simply define it as: The "process" by which a foreigner migrates (or otherwise physically travels) to settle there.
Now that we see that Naturalization and Immigration have two distinct meanings lets see how they fit into the constitutional rule of law that current "Immigration" Law is based on.
Article One, Section 8 U.S. Constitution States: "The Congress shall have Power... To establish an uniform Rule of Naturalization"
If naturalization is the process by which a person becomes a citizen then they may not regulate the process by which a person enters or exits the country (migrates). Congress may provide a method for only the process of becoming a citizen.
Some say that the constitution also states; "and provide for the common Defence". Yes it does however, that clause does not authorize immigration law. It is however a sub-clause of the clause "To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence general Welfare of the United States" It simply authorizes a tax to support any means of defensive war.
So what can congress really do within the constitution. They can state that a person that wishes to become a citizen must follow a curtain process which may include; an oath, resending other alliances, and only according to common sense a monetary requirement along with some means of support (employment) and provisions of a stable home. These common sense provisions are the same even for those that move out on their own when they reach adulthood and a base for emancipation. This to help ensure a person will accept responsibility and provide for themselves instead of others providing for them through a system of social services.
According to the founders anyone can reside here and even work here without applying for citizenship due to every human having the right to travel freely and provide for themselves and their family. These rights are absolute for every human since rights are given by our creator and not the government. However that would mean that they are not privileged to the benefits of citizenship. Those may include voting and social services.
I hope that you now understand the proper role of our government in the Naturalization process and understand that they do not have a role in the immigration process. Because of this laws that pertain to placing fines on businesses and regulating who may be employed and who may not are unlawful because they are contrary to the constitution.
So what is the answer... STOP GIVING HAND OUTS TO THOSE THAT ARE NOT AUTHORIZED TO RECIEVE THEM AND STOP BIRTHRIGHT CITIZENSHIP... PERIOD!
Once you stop providing social services and stop allowing loopholes like birthright citizenship that allow for unqualified non-citizens to take advantage of receiving benefits you will effectively halt the current problem we have today.
So why do I not advocate fines for businesses? When you require businesses to use the SAVE program and require workers to show their papers you create an unconstitutional society. The 4th and 5th amendment protects your privacy and prevents this type of action. Many court cases have been won over the years to provide a strong legal defense in this matter. One of them is EEOC v. Information Systems Consulting. This case showed that an employee does not have to provide an employer with his/her SSN as a term of employment. Furthermore having a SSN is completely optional as shown here: http://www.socialsecurity.gov/pubs/10023.html#must
I hope that you will read further into this issue and learn more. As freedom loving Libertarian minded individuals we must realize that we have the responsibility to uphold the constitution and to ensure that the rights of others are not violated. Security can only come through a responsible use of our freedom. When we fail to use that freedom responsibly and we allow fear and greed to come before peace, privacy, and prosperity we will always fall pray to the utter reality of having neither freedom nor security.
Being "Libertarian" simply means one who believes in Liberty. As such we must take hold of that belief, no matter what party or not you may belong to and lead the way into a brighter future. A future with hope, peace, prosperity, and overall a genuine strive to revive government from it's dismal state into a beaming bountiful Republic that will uphold and protect the rights given to all of us by our creator of life, liberty, and the pursuit of happiness. We must be activists for liberty or our children and our grandchildren shall have a future of despair and servitude to look forward to.
We should not be torn any longer. We must ban together as one, to defeat the encroaching arm of socialism in society today. We all shall be remembered for something... some as heroes... some and villains. Let us be remembered as the ones who choose to pledge our life, liberty, and sacred honor on the line to free the hearts, minds, and lives of others from the looming collapse of our once great nation.
