Illegal Immigration Spurs Constitutional Amendment

Our Do-nothing Congress Must Be Circumvented by Using Our Constitutional Option

Among the millions of Americans frustrated with the refusal by the federal government to forcefully control illegal immigration is South Carolina Senator Glenn McConnell. As President Pro Tempore of the Senate McConnell has explained why he is calling for the nation's first use of the US Constitution's Article V provision for a convention of state delegates to propose constitutional amendments.

"While this action is unprecedented, I also believe that the danger facing our country is unprecedented. We need to act now. ...Congress has refused or is incapable of acting, thereby leaving the states in the position of burning while Congress fiddles. ...the problem of illegal immigration is one that has reached a boiling point," said McConnell, a Charleston Republican.

He notes that if his resolution is approved by two-thirds of states it "would require Congress to call for a constitutional convention." What McConnell has not said, however, is that for many decades Congress has refused to obey Article V and call a convention that sufficient states have already asked for. The one and only requirement in Article V has been satisfied and Congress has no discretion in this matter.

McConnell's proposed constitutional amendment has these provisions:

1. No provision of this Constitution, or any amendment thereto, shall restrict or limit any state from enforcing federal law with regard to immigration violations. In the absence of proof of legal citizenship status, a state may decide what governmental services funded in whole or in part by the state may be provided to or denied from any undocumented alien located within the state's respective jurisdiction. States shall also have any power to regulate illegal immigration that has not been specifically preempted by an act of the Congress.

2. In implementing the provisions of this article, each state shall have the authority to prescribe civil and criminal penalties in addition to any provided by federal law for entering the United States illegally.