Constitution Gives State' Right to Control Immigration-Feds to Control Naturalization Criteria

from Article 1 Section Two- " Clause 3: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons "

This article's mention of 3/5ths of all other persons in a state could be applied to slaves or illegal aliens equally well today. The framers of the constitution had their oars in the water so far as to realize that real people-even slaves or illegal aliens, have real consequences and should be accounted for within a state.

If 3/5s of illegal aliens in Texas or California were counted for congressional representation purposes each would gain several seats. This reality ought not to have been cancelled by the 13th Amendment ending slavery at all.

http://www.federalistblog.us/2006/07/delegated_powers_immigration/

http://www.archives.gov/exhibits/charters/constitution_transcript.html

The 14th amendment has been pointed out as affecting article, yet it actually by-passes the illegal alien or uncounted persons question and address only citizens in whole numbers rather than a 3/5ths. Yet the 3/5s probably is more applicable to demographic totals and a fair reckoning of what value non-citizens should have in counting for electoral representation than as some sort of statement about a slave being counted as worth 3/5th of a free voter in Massachusetts or Mississippi.

Regardless of the legal status of a person-homeless of land owner, the individuals existing are real and effect the political economy. When slaves were recognized as citizen if native born, or blacks as free born, and hence were inalienably citizens it became de trop to regard their votes or numbers to rate as 3/5s of the value of a non-oppressed voter. The people of the late 18th and 19th centuries did not have much of an illegal alien problem though, for which the original article One section Two of the Constitution is a reality check of political pragmatism today.

from Article 1 Section. 9.

"The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person."

This section acknowledges the states individually have the right to choose to admit or deny immigrants. The constitution provides the federal government the right to make criteria for the naturalization of immigrants as citizens, yet that does not cancel the state's rights to choose who to allow to immigrate.

Article. IV.

Section. 1.

"Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof."