English Language Proficiency Act

The proposed amendment falls squarely within the enumerated power of Congress to establish a uniform rule of naturalization under Article I, Section 8, Clause 4. The Constitution vests in Congress the exclusive authority to prescribe the conditions for admission to citizenship, and requiring a demonstrated understanding of the English language, history, principles, and form of government is a reasonable and necessary means to ensure that new citizens are fully integrated into the republican system. As I argued in Federalist No. 32, the power of naturalization is an exclusive federal power, and…

The Constitution vests in Congress the power 'to establish an uniform Rule of Naturalization' (Article I, Section 8, Clause 4). This bill, which removes certain exceptions to the naturalization requirement concerning English language and civic knowledge, is a valid exercise of that enumerated power. It does not infringe upon any right secured by the Bill of Rights—naturalization is a privilege, not a right, and the conditions set by Congress are within its proper authority. The Tenth Amendment reserves to the states or to the people all powers not delegated, but the naturalization power is exp…

The Constitution grants Congress the power to establish a uniform rule of naturalization under Article I, Section 8, Clause 4. This bill, by eliminating certain exceptions to the naturalization requirement concerning English language proficiency and knowledge of U.S. history and government, seeks to make the naturalization process more uniform. The power to prescribe the terms and conditions of naturalization is plenary in Congress, and no constitutional provision prohibits such a requirement. Federalist No. 42 underscores the necessity of uniformity in naturalization laws to prevent discord a…

The Constitution vests in Congress the power to establish an uniform Rule of Naturalization. This bill, by eliminating certain exceptions to the naturalization requirement concerning English language and knowledge of American history and government, is a proper exercise of that enumerated power. The rule of naturalization must be uniform, and Congress may determine the qualifications for citizenship. There is no constitutional right to an exception from these requirements. The legislation does not violate any express constitutional prohibition, and it falls within the scope of the Necessary an…