The identity of Aboriginal people, whether citizens or non-citizens, is shaped by a fundamental spiritual and cultural sense of belonging to Australia. It is that identity which constitutes them as members of the Australian political community. At Federation that identity limited the reach of the aliens power in s 51(xix) of the Constitution, preventing the fragmentation of the political community and the stripping of that Aboriginal identity. It would be bizarre if the evolved application of the aliens power could do so today.

Edelman J in Love v Commonwealth [2020] (p391)

"Objections that [Love v. Commonwealth] introduced a new, race-based distinction into the Constitution are misplaced. Such race-based distinctions already exist in the Constitution's text and operation."

Shireen Morris "Love in the Hight Court: Implications for Indigenous Constitutional Recognition" 2021Federal Law Review

InLove v. Commonwealth; Thoms V Commonwealth[2020], the Court found that the word "Alien" in s51(xix) has a Constitutional meaning that is beyond the scope of the Parliament to determine. What does this case say about the place of Indigenous people in the Constitution and what is the impact of this decision on arguments in favour of enshrining a First Nations Voice in the Constitution?