- Comes from CONGRESS, some part of foreign policy power in EXECUTIVE, but most comes from Congress
- No real limit to that power.
- Treaties ratified by Congress has the force of law (i.e., becomes same as domestic law)
- Later enactments by Congress that deviate from treaty—HOW do courts interpret that?
- Government can abrogate treaty.
- Courts generally try to "bend over backwards" to reason that Congress didn't intent to abrogate treaty unless they specifically say so.
- Rule of interpretation: when looking at a treaty passed today and a statute passed tomorrow, will recognize later statute can change conditions on that treaty, but only if clearly intended by Congress.
- International law has little force in the interpretation of treaties or rules.
- Power limited to CONTROL OF IMMIGRATION
- Does not extend to other matters such as criminal punishment.
- May not extend to differential treatment of foreigners outside of immigration realm (tort, contract, etc.).
Class notes and materials by a law student for law students.
Who has the Power to Exclude Immigrants?
Who has the power to exclude? Who can decide who is not admissible? Where does that power rest?