johnwk
Member

. . Our United States Supreme Court in 1837 confirmed the object of the Texas 2023 law, SB 4, which is designed to protect the general welfare of the State by prohibiting an influx of unwanted foreign nationals who would financially or otherwise burden its citizens, falls within an original power exercised by the states prior to the adoption of our current Constitution, and is constitutional. In support of my assertion, I will here take the liberty of quoting from United States Supreme Court Justice Barbour’s written opinion in New York v. Miln, 36 U.S. 102 (1837), which involves a challenge to a New York Law “… intended to prevent the state being burthened with an influx of foreigners, and to prevent their becoming paupers, and who would be chargeable as such.” Supreme Court Justice Barbour begins by pointing out “… the state of New York possessed power to pass this law before the adoption of the constitution of the United States, might probably be taken as a truism, without the necessity of proof.” And, he goes on to quote a legal scholar of the time, Emer de Vattel, showing the origin and character of the power in question: “The sovereign may forbid the entrance of his territory, either to foreigners in general, or in particular cases, or to certain persons, or for certain particular purposes, according as he may think it advantageous to the state.”