August 4, 2014
Maybe Immigration Caps are Unconstitutional, but the Bible Says...
By Jim Babka

A personal message from Perry Willis, co-founder of Downsize DC and the Zero Aggression Project

From time to time, we hear from people who suggest we're violating God's law with one of our proposals. Our goal is to persuade people that initiating force against others is both immoral and bad policy. Sometimes, my partner, Jim Babka, is motivated to challenge the prevailing right-statist view to a few of his friends.  

I’ve asked Jim to send you one of those brief, powerful essays. It's printed below. In it Jim examines the immigration issue from both a Constitutional and Biblical point of view.    

Jim did NOT want to publish this essay to Chronicle subscribers. Jim is concerned that believers and nonbelievers alike will be offended. However...


I, as a non-believer, think otherwise. I think my fellow non-believers will want to see this information disseminated. Some, as I did, will see it as a useful tool to share with believing friends. I’m also confident that most Christians will be able to evaluate this material in an honest and adult way. Therefore, we are providing it to you below.


You can share your thoughts about Jim’s article, pro and con, by sending email to


And, if you would like to reward this kind of communication, the contribution window is always open:

Title: Maybe Immigration Caps Are Unconstitutional, but the Bible Says...

by Jim Babka


This has happened to me several times. I've been told, by sincere believers, that God basically blesses borders. God provided for them and ordained this thing called The State. Therefore, objecting to our current unjust immigration laws is basically to disagree with the Bible (quite a leap!).  


The latest incident comes after published the FACT that immigration caps are unconstitutional. If you're surprised by that argument, as most people are, read to the end, because it's fully yet simply explained.


When it's explained, it's a real cognitive dissonance moment for constitutional conservatives. They pretend to believe in the Tenth Amendment, until, well... It's no longer convenient to do so. Why, if the Founders had known that so many new Democratic Party voters were going to flood across the border, surely they would've said something more in the Constitution. We must act for them!


How very, well, "progressive" of them.


But I think this is a teachable moment so… Back to the Biblical portion of the argument, first (thanks to Roger E. Olson for this list)...


Exodus 22:21 You shall not wrong or oppress a resident alien, for you were aliens in the land of Egypt.


Exodus 23:9 You shall not oppress a resident alien; you know the heart of an alien, for you were aliens in the land of Egypt.


Leviticus 19:33 When an alien resides with you in your land, you shall not oppress the alien.


Leviticus 23:22 When you reap the harvest of your land, you shall not reap to the very edges of your field, or gather the gleanings of your harvest; you shall leave them for the poor and for the alien: I am the Lord your God.


Leviticus 24:22  You shall have one law for the alien and for the citizen: for I am the Lord your God.


Numbers 15:16  You and the alien who resides with you shall have the same law and the same ordinance.


Deuteronomy 1:16  I charged your judges at that time: “Give the members of your community a fair hearing, and judge rightly between one person and another, whether citizen or resident alien.


Deuteronomy 24:20-21 When you beat your olive trees, do not strip what is left; it shall be for the alien, the orphan, and the widow. When you gather the grapes of your vineyard, do not glean what is left; it shall be for the alien, the orphan, and the widow.


Deuteronomy 27:19  “Cursed be anyone who deprives the alien, the orphan, and the widow of justice.” All the people shall say, “Amen!”


Jeremiah 7:4-12  Do not trust in these deceptive words: “This is the temple of the Lord, the temple of the Lord, the temple of the Lord.” For if you truly amend your ways and your doings, if you truly act justly one with another, if you do not oppress the alien, the orphan, and the widow, or shed innocent blood in this place, and if you do not go after other gods to your own hurt, then I will dwell with you in this place, in the land that I gave of old to your ancestors forever and ever.


Zechariah 7:10 do not oppress the widow, the orphan, the alien, or the poor; and do not devise evil in your hearts against one another.


Malachi 3:5  Then I will draw near to you for judgment; I will be swift to bear witness against the sorcerers, against the adulterers, against those who swear falsely, against those who oppress the hired workers in their wages, the widow and the orphan, against those who thrust aside the alien, and do not fear me, says the Lord of hosts.


And by the way, we're ALL aliens...


Psalm 39:12, Ephesians 2:12, Ephesians 2:19, 1 Peter 1:1-2, 1 Peter 2:11-12


Plus, we are to show hospitality to strangers (a command, not advice)...


Romans 12:13, Hebrews 13:2, 1 Peter 3:9


Okay, so the principle question here is justice. When I suggest that the alien should not be prohibited from crossing the border nor in coming to get a job,my examiner presumes I'm not obeying Biblical law. We've put that to rest. But what about the Constitution?


Organized clubs have bylaws. These written rules generally state who can be a member, as well as how one becomes a member. They say who can vote, and who can serve in club offices. Well…


The United States Constitution is no different. It's a set of bylaws for club membership. Members are called citizens. The Constitution addresses who gets to vote and who can serve in office. The process of becoming a member is called naturalization. The Constitution authorizes Congress to set rules for naturalization.


Yet the Constitution has nothing to offer on the questions of movement or lodging by human beings, nor about their ability to enter contracts. And because of this silence, we turn to the Tenth Amendment.


Indeed, there is no enumerated power for "people prohibition." And the reason it's not there, is because those activities are Pre-Constitutional Rights. That is, they are natural rights. In the modern Biblical view, these rights are given to us by our Creator long before we ever had a Constitution.


Therefore, both Biblically and Constitutionally, the case is clear, unless one really wants to special plead...


Hospitality should be extended to the alien. And...


Our present, arbitrary system of making just some individual persons "illegal," by basis of their place of birth, is the very definition of un-justness.


A PERSONAL NOTE: Many readers will not like the arguments made here. This article covers only one aspect of a nuanced debate and is designed only to put one type of argument to rest. AND no issue, in modern American discourse, causes such an emotional response as the immigration question. Friends don't always agree. But true friends tell each other truth, then they reason together over the differences. My best friends teach me things I didn't know before. That wouldn't be possible if I agreed with them before we spoke. Moreover, the statists would want nothing more than to drive a wedge between friends. If you agree with us most of the time, then I sincerely hope you won't do the statists any favors by departing over this issue. We take feedback at

Jim Babka is the Co-Founder of the Zero Aggression Project and the President of

Permission to quote or reprint is granted, provided all quoted sections are unmodified or intact. Please notify us where you reprinted at

Blog commenting is currently under construction. In the meantime, you can send an email if there's something you'd like to tell us.

What Can We Do For You?

We can help you downsize the federal government, if you want that. All you have to do is join. It's free! In return...

We'll give you an army.

We're recruiting a huge army of supporters to work for what you want.

We'll give you influence.

The Downsize DC Army will exert relentless, resistance-numbing pressure on Congress.

We'll make your voice heard.

We'll use our growing army to make your beliefs heard by everyone, everywhere, every day.

We'll give you winning strategies.

Ideas like our "Read the Bills Act" and the "One Subject at a Time Act" will give you the leverage to win the public debate, control Congress, and Downsize DC!

We'll give you powerful tools.

  • Your free membership includes a subscription to our free email newsletter, the Consent Chronicle, which national talk show host Jerry Hughes calls by far the best newsletter he receives.
  • You'll be able to use our Educate the Powerful SystemSM to pressure Congress. It's easy. All it takes is a few mouse clicks and keyboard strokes. You can do it in your bathrobe while you're drinking your morning coffee, or during a break at work.
  • You'll also gain access to our 16-page strategy document, "The Downsize DC Vision." You'll learn about important insights like "ignoring an axiom," and powerful strategies like "picking off the herd." One reader called this document "the unified field theory" of political change.

To gain these benefits, just enter your email address in the box below and hit Subscribe!

Subscribe to the Consent Chronicle
Enter your email address twice: