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Constitutional Law

Theses/Dissertations

2012

Plenary Power

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One People, One Nation, One Power? Re-Evaluating The Role Of The Federal Plenary Power In Immigration, Alexandra R. Saslaw Jan 2012

One People, One Nation, One Power? Re-Evaluating The Role Of The Federal Plenary Power In Immigration, Alexandra R. Saslaw

CMC Senior Theses

This thesis begins with a historical analysis of the legal precedent which has granted the federal government exceptional power over immigration legislation, and demonstrates how that authority has expanded in the last half-century. It then proposes an alternative scheme which would embrace immigration federalism and allow states a larger, but still closely regulated, role in legislation over aliens.