Migration or Importation Clause

Arguing that the Constitution makes clear it is intended to be historically confined to the Founding by using the term “now” in the initial composition of the text.

Summarizing Lysander Spooner’s theory of the unconstitutionality of slavery, premised in part on the Framers’ conscious choice to avoid using the word “slave,” and engaging with criticisms of that theory.

Noting divergent views of the Framers as to the effect of the twenty-year delay in Congress’ power to prohibit the slave trade.

Arguing against original intent originalism by noting the inconsistent intentions of the Framers on slavery and the inconsistency of slavery and the Declaration of Independence.