Mullin v. Al Otro Lado · ¶83
Congress, for its part, has no enumerated power to require the President to bring certain aliens into the country. The Constitution grants Congress the power to “establish an uniform Rule of Naturalization.” Art. I, §8, cl. 4. But, the class members in this case are not naturalized or even on the path to naturalization. The Necessary and Proper Clause, Art. I, §8, cl. 18, likewise does not give Congress this power. Congress may pass laws “which shall be necessary and proper for carrying into Execution” its powers and those of the other branches of the Federal Government. Ibid. But, a law is not “proper” in this sense if it “purports to direct another branch’s exercise of its power,” or, at a minimum, “takes one of those actions and the branch to which the power is allocated objects to the action.” Zivotofsky v. Kerry, 576 U. S. 1, 50 (2015) (THOMAS, J., concurring in judgment in part…Read in context ›
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