Speech #880037267

Yet that is the construction put upon the powers of Congress in connection with these nominations. Fortunately. the Supreme Court has not gone along with it. Most recently. in Kennedy against MendozaMartinez. the Supreme Court found that in exercising its power under article I. section 8 to "establish a uniform rule of naturalization." it had infringed the due process of law guarantee of the fifth amendment. The same Attorney General who claims these nominations are constitutional also tried to prosecute and defend the faulty section of the Immigration Act. But to no avail. The Supreme Court told Congress that. of the Immigration and Naturalization of 1952: We conclude. for the reasons stated that section 401(j) and section 439(a) (10) are punitive and as such cannot constitutionally stand. lacking as they do the procedural safeguards which the Constitution commands. I say. most respectfully. that if it is ever possible for us to get the unconstitutional act of the Senate. taken the other day. before the Supreme Court of the United States. the Senate and the Washington Post will get an interesting lesson in constitutional law applied by the Court. I am satisfied that the Court will. in effect. say section 2. article II. means exactly what it says.