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Full-Text Articles in Immigration Law
Why Immigration’S Plenary Power Doctrine Endures, David A. Martin
Why Immigration’S Plenary Power Doctrine Endures, David A. Martin
Oklahoma Law Review
The plenary power doctrine, traditionally traced to the Supreme Court’s decision in Chae Chan Ping, has persisted despite a steady and vigorous stream of scholarly criticism. This essay undertakes to explain why. First, the Court’s strong deference to the political branches does not derive from the concept of sovereignty. Justice Field’s opinion for the Court invoked sovereignty not to trump rights claims but to solve a federalism problem — structural reasoning that locates the immigration control power squarely in the federal government, though not explicitly enumerated in the Constitution. The Chae Chan Ping Court’s deference to the political branches instead …
“Vast Hordes . . . Crowding In Upon Us”: The Executive Branch’S Response To Mass Migration And The Legacy Of Chae Chan Ping, Margaret H. Taylor, Kit Johnson
“Vast Hordes . . . Crowding In Upon Us”: The Executive Branch’S Response To Mass Migration And The Legacy Of Chae Chan Ping, Margaret H. Taylor, Kit Johnson
Oklahoma Law Review
No abstract provided.