Powers Involving Non-Citizens and Naturalization
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether Congress’s exercise of its power over noncitizens and naturalization is constitutionally valid.
Analysis
R: Congress has plenary power over the entry of noncitizens into the United States under Article I, Section 8, Clause 4 of the U.S. Constitution, which grants it authority over (1) immigration and (2) naturalization.
1a. Noncitizens Entering the U.S.
R: Congress has broad power to regulate immigration. Noncitizens have no constitutional right to enter the U.S. and Congress may exclude individuals for a variety of reasons, including their political beliefs, as long as the exclusion is based on a “facially legitimate and bona fide” reason.
A: Here, [apply rule to facts].
1b. Noncitizens Within the U.S.
R: While Congress has broad authority over immigration, noncitizens within the United States are entitled to certain procedural protections under the Due Process Clause of the Fifth Amendment. Thus, noncitizens generally cannot be removed without notice and a removal hearing, except in specific expedited removal circumstances.
A: Here, [apply rule to facts].
2. Naturalization
R: Congress has the authority to establish a uniform Rule of Naturalization. This grants Congress absolute control over the naturalization process, allowing it to legislate regarding eligibility, application processes, and other related rules.
A: Here, [apply rule to facts].
a. Limitation
R: Congress’s authority over citizenship and naturalization has limits, particularly regarding the revocation of citizenship. Congress cannot involuntarily strip a person of their citizenship unless it was obtained through fraud or bad faith.
A: Here, [apply rule to facts].
Conclusion
C: Therefore, Congress’s exercise of its power over non-citizens and naturalization [is/is not] constitutionally valid.
Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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