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Recentering Foreign Affairs Preemption In Arizona V. United States: Federal Plenary Power, The Spheres Of Government, And The Constitutionality Of S.B. 1070, Patrick J. Charles

Cleveland State Law Review

Is foreign affairs preemption concerning immigration an all or nothing approach as the different lower courts and immigration scholars contend? The purpose of this article is to answer this question by recentering foreign affairs preemption in accordance with constitutional intent, an objective reading of Supreme Court precedent, and then reassembling the whole into a workable doctrine. This article will accomplish this in three parts. First, this article provides a brief examination of the plenary power doctrine over immigration, and its constructs according to the Founders' Constitution. This inquiry provides federal courts with the historical guideposts necessary to adjudicate foreign affairs …