Is the Secure Fence Act of 2006 unconstiutional?

Question

This act means a 700 mile wall will be constructed between Mexico and the U.S. Is it a good idea?

Answer 1

No. The constitution was not written to protect the rights of illegal aliens who break U.S. immigration laws, and sneak across our borders. Any protection applied towards our borders, is a good thing. I prefer a landmine field.

Answer 2

Is it unconstitutional? No. But it is an exercise in futility. (We should be used to that, however, considering the current war in Iraq.) We'll build the fence. The immigrants will change their routes of crossing the boarder. So will the the drug smugglers. If they build another fence, once again the immigrants will go around it. Or over it. Or under it. So will the drug smugglers. If we really want to solve the problem of illegal immigration, we need to look at the issue a little more deeply than simply that of people crossing a border en mass without permission. We need to ask ourselves why they are leaving their homeland, their friends and families to come to here where they are despised. They're here because they can't support their families in Mexico. Until we solve THAT problem, a stupid fence isn't going to do a damn thing.

Answer 3

The Secure Fence Act of 2006 is a valid exercise of police power of the government to protect its border from illegal immigration and drug trafficking.

Answer 4

Of course it is constitutional. It is also a good idea, though not a complete solution.

Constitutional? It is even provided specifically in the Treaty of Guadalupe Hidalgo that we (and Mexico) can fortify our borders if we care to.

Answer 5

It's not unconstitutional, because Congress has plenary authority to regulate immigration and to take whatever steps are necessary to achive that goal.

As long as Congress reimburses private individuals for any land the use (under the Takings clause), then it's constitutional.

Whether it will work, and whether it's a good idea, are entirely different matters.

Answer 6

The Treaty of Guadalupe Hidalgo was the peace treaty that ended the Mexican-American War. i found this to be interesting.

ARTICLE XVI

Each of the contracting parties reserves to itself the entire right to fortify whatever point within its territory it may judge proper so to fortify for its security.

Answer 7

And what would you have us do, put up a STOP sign. We have got to do something, a fence alone is not the answer, but a fence, with enforcement, will work.

Answer 8

I do think some security is necessary. While I may not find this solution to my exact liking I do not believe this is unconstitutional.

Answer 9

No.

It does not hinder any American citizen's constitutional rights...

http://news.findlaw.com/hdocs/docs/immigration/securefenceact2006.html

Answer 10

It's a great idea, we need to keep all the illegals out.