Migration – Immigration

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Migration – Immigration

Annotation

The Constitution has a limited number of references to immigration. Congress was given the power to set the rules for naturalization (or citizenship for those immigrating in the United States). In general, the states were free to establish their own rules for immigration through 1808. At that time states were prohibited from importing slaves. Although the words slave, slaves or slavery do not appear in the Constitution, Article 1, Section 9, Clause 1 concerned slavery. The words “such Persons” were an indirect reference to slaves. This language resulted from a compromise between pro-slave and anti-slave forces that prevented any specific reference to slavery or any effort to ban slavery in the Constitution in return for the elimination of slave trade in 1808.

Citations

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Article 1, Section 8, Clause 1

Article 1, Section 9, Clause 1

Citations

Article 1, Section 8, Clause 1 

To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

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Article 1, Section 9, Clause 1

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.

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