How to Read the Constitution--and Why Quotes

“It should still matter to every American whether the Constitution breaks down—because the alternative is a dictatorship.”
― Kimberly Wehle, How to Read the Constitution—and Why

“I tell my first-year law students that they will be learning how to read. "Huh? We've known how to read since we were six!" Sure, that's true, in the sense that students come to law school knowing cognitively how to translate black-and-white marks on a page into words. But what I mean by read is different. It requires you to isolate phrases, then individual words, and then figure out as many interpretations of those words as possible. Once you have the various options on the table, you can start to prioritize the options and choose which is best---or at least how to argue for one over the other on behalf of a client. This is a skill, and one that is becoming increasingly rare in a world of information overload, texts, tweets, and sound bites.”
― Kim Wehle, How to Read the Constitution--and Why

“When an issue is politicized, ideological bias drives policy, regardless of the merits and the facts.”
― Kimberly Wehle, How to Read the Constitution—and Why

“Let’s lay out some other constitutional basics regarding the power to regulate immigration and naturalization. Article I, Section 8 of the Constitution grants Congress the power to establish a “uniform Rule of Naturalization,” which means that states can’t grant citizenship. Early on, the Supreme Court wrestled with whether this means that only Congress can deny people admission into the United States or remove noncitizens. Starting in 1889, the court made a few pronouncements on this topic that still apply today. First, it held that the admission of aliens is not a right but a privilege, and that the United States can prescribe the terms of admission. Second, it concluded that “[t]he exclusion of aliens is a fundamental act of sovereignty . . . inherent in the executive power to control the foreign affairs of the nation,” so it belongs to the president. Third, and a bit weirdly, the court reasoned that when Congress legislates procedures regarding who gets to come into the country, it isn’t just legislating—it’s implementing an inherent executive power. Fourth, it held that courts can’t review decisions to exclude aliens unless Congress specifically says they can—also weird, because Article III of the Constitution gives federal courts the power to hear “cases.”
― Kimberly Wehle, How to Read the Constitution—and Why