Viewpoints
Opinion

Understanding the Constitution: Exclusive and Concurrent Powers and Illegal Immigration

In the vast majority of areas where the Constitution grants powers to the federal government, the states still retain authority to act.
Understanding the Constitution: Exclusive and Concurrent Powers and Illegal Immigration
In this aerial view, A group of more than 1,000 immigrants walks towards a U.S. Border Patrol field processing center after they crossed the Rio Grande from Mexico in Eagle Pass, Texas, on Dec. 18, 2023. John Moore/Getty Images
Rob Natelson
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Commentary

One reason some people fail to understand why the State of Texas can protect itself against the illegal immigration invasion is that they lose sight of a basic part of American constitutional federalism. This is the distinction between exclusive powers and concurrent powers.

Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution: What It Actually Said and Meant” (3rd ed., 2015). He is a contributor to The Heritage Foundation’s “Heritage Guide to the Constitution.”