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I'm not talking about scholars. I'm talking about the actual
Posted on: June 30, 2022 at 11:02:59 CT
ummmm MU
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framers/ratifiers, including the father of the constitution himself:
James Madison similarly argued that the Clause was intended to protect the slave trade against limitation prior to 1808, and that its phrasing was due to "scruples against admitting the term 'slaves' into the Instrument. Hence the descriptive phrase 'migration or importation of persons;' the term migration allowing those who were scrupulous of acknowledging expressly a property in human beings, to view imported persons as a species of emigrants, while others might apply the same term to foreign malefactors sent or coming into the country." This suggests it is likely that the term "migration" was included only in order to avoid direct reference to slavery, and did not imply any general congressional power to restrict migration. In Federalist 42, Madison decried "[a]ttempts [that] have been made to pervert this clause into an objection against the Constitution, by representing it…as calculated to prevent voluntary and beneficial emigrations from Europe to America."
James Madison similarly argued that the Clause was intended to protect the slave trade against limitation prior to 1808, and that its phrasing was due to "scruples against admitting the term 'slaves' into the Instrument. Hence the descriptive phrase 'migration or importation of persons;' the term migration allowing those who were scrupulous of acknowledging expressly a property in human beings, to view imported persons as a species of emigrants, while others might apply the same term to foreign malefactors sent or coming into the country." This suggests it is likely that the term "migration" was included only in order to avoid direct reference to slavery, and did not imply any general congressional power to restrict migration. In Federalist 42, Madison decried "[a]ttempts [that] have been made to pervert this clause into an objection against the Constitution, by representing it…as calculated to prevent voluntary and beneficial emigrations from Europe to America."
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I'm not talking about scholars. I'm talking about the actual - ummmm MU - 6/30 11:02:59