American Immigration Law: A Comparative Legal, Economic and Constitutional Analysis
Capital University Law Review, 37(3), October 2009
Andrew Ikpoh, Ph.D. Department of Economics and Legal Studies
Richard Hunter, J.D.Department of Economics and Legal Studies
This article deals with the economic, legal and constitutional issues presented in the immigration debate, with a focus on congressional enactments and important Supreme Court pronouncements, precedents and decisions in the broad area of "immigration law." The article contains a comparative analysis to a discussion of the "Commerce Clause," and an in-depth discussion of the concept of plenary powers under the U.S. Constitution. These topics are considered as a possible indication that the immigration debate, although framed as an issue of resolution for the federal government through the Congress and the executive branch, unless resolved in the near future, may devolve into a myriad of individual state solutions and the responsibility of state and local governments. The article also presents important demographic and economic data in order to establish the proper context for the discussion of the highly volatile issue of illegal immigration.