Old Dog, I’ve already answered this You didn’t reply before. Here’s the fullest answer I’ve given on this:
None of the court rulings that established Federal Power over immigration in the 1880s, uses the argument you are making here.
They simply state that the power is implied. Not enumerated.
One problem Old Dog: “The People” refer to more than Citizens. it includes denizens, freeblacks, Indians, and Aliens.
The Constitution makes a clear distinction with “people”, “persons” , and “citizens” , it does not treat these words in the equal regard you are making:
Textualism. Remember this word Old Dog? It is the school of thought on the Constitution, that interprets the words within the document, as they would have meant at the time it was written.
And it’s from that perspective, that Judge Napolitano speaks from. As a Textualist, he states that Aliens have rights under the Constitution.
“Persons” and “People” as defined by 18th century legal usage of those words does not align with what you claim the Constitution states.
Case in point, we have other laws from the period, other documents using these definitions in the manner I’ve described here.
Laws such as: