Does the Constitution Give Congress the Power to Regulate Immigration?

Thanks to Ampersand over at Alas, a Blog, I ran across two articles by Ilya Somin arguing that the Constitution includes no enumerated power to restrict immigration.  Go check Amptoons out – he’s a killer cartoonist.

In the first, at Reason Magazine, Somin suggests that President Obama had the power to defer deportation for four million immigrants through executive order.  He thinks this is so in part because he doesn’t think the Constitution gives Congress no power to regulate immigration in the first place.  Later, in the Washington Post, Somin argues that the Migration and Importation Clause (Article I, Section 9) doesn’t fix this because it refers to slavery. Continue reading

Crime and Immigration

Last night while watching the Democratic National Convention I had my Twitter feed up (@foggybottomline) so I could send out a few and follow what the Twitterverse had to say.  I don’t follow @JohnLibertyUSA so I’m not sure why this popped up in my feed.  As you can see I pushed back a bit, asking for a link, and we went back and forth.  Since a discussion like this calls for more than 140 characters at a time, I thought I’d move it to the blog.  Hopefully, Mr. Liberty and his fellow traveler @DeanPerkins will come over for a look.  Continue reading

#TrumpWillNeverBePresident

Writing at Salon, Anis Shivani predicted last week that Donald Trump’s campaign “will surely be victorious in the end,” because he appeals “to an elemental fear in the country, torn apart by the abstraction of the market, to which Clinton has not the faintest hope of responding.”  Trump, you see, “’builds’ things, literal buildings.”  People can actually visualize these buildings and the cities they were built in.  This contrasts with Clinton, according to Shivani, since her work with the Clinton Foundation and the State Department “represents…disembodiedness.”  “In this election,” claims Shivani, “abstraction will clearly lose and corporeality…will undoubtedly win.”

Another Salon writer, Musa al-Gharbi, doesn’t actually predict a Trump win, but he does seem to think the Donald has a path to victory.  He lays out three key reasons to think this: because Trump has more “opportunity to radically change public perception for the better” since voters don’t yet know Trump “as a politician,” because this election will turn on what voters think about both Obama and Bill Clinton, and because of something he calls “negative intersectionality.”  Al-Gharbi doesn’t define this very clearly, but he seems to be saying something about political correctness: that Trump’s bigotry and misogyny, “heard in the context of a fundamentally anti-white, anti-Christian culture war,” could actually make some voters see him more sympathetically.

These aren’t the only two writers working to outline a Trump path to the Oval Office.  These arguments mostly focus on three claims: both candidates have poor favorability ratings, Hillary Clinton is a bad candidate, and minority voters could shift to Trump. I challenge them below the fold. Continue reading

Right Direction or Wrong Track?

Alex Castellanos couldn’t say it enough this morning on Meet the Press: 70% of Americans think the US is going in the wrong direction and want change.  To him this means Donald Trump has a chance to win the Presidency, since Hillary Clinton represents more of the same.

Americans have many reasons for answering “wrong track” on these kinds of surveys.  Castellanos conflates these reasons into a general annoyance with American government and its political leadership.  Let me suggest that much of the “wrong track” sentiment comes from disapproval of conservative social and economic policies and their obstructionist efforts to stop progressive changes people want.  This is true of both conservatives and liberals, but only on the conservative side does this translate to support for Trump.

Conservatives think the country is on the “wrong track” because they disapprove of tolerance for less traditional social, religious, and sexual norms, and wonder what the world is coming to when fewer people attend church, the coach cannot pray with the high school football team, homosexuals can marry and young women can have recreational sex without consequences.  They blame immigrants and minorities for their apparent loss of economic prosperity and political power and believe government does too much to help them.  They don’t like changes they see in their cities and neighborhoods as immigrants and people of color move in or cities encroach upon rural areas.  In fact, many people who say the US is going in the wrong direction actually want less change, and seek leaders that will finally put a stop to the madness.  These people reject the establishment GOP because they believe conservatives fecklessly promised to do so while knowing they would not or could not.

The only change they really do want is a shift from the “free markets can make everything work” that lead to wealth inequality and corporations moving their jobs overseas.  So they also reject the conservative governing establishment for failing to deliver the economic prosperity promised by Reagan and Americans for Tax Reform, and want US workers protected even if it means government action.   The core of Trump’s support comes from disaffected conservatives annoyed with change in American society, and seek restoration of traditional values and and a capitalism based on a balance between profits for shareholders and the needs of the nation and its workers. Continue reading

Sunday Morning Coffee

A few things I read over coffee this morning…while watching the talking heads discuss Iowa:

Morton Guyton, writing at Patheos blog Mercy Not Sacrifice, discusses an ideological perspective he calls ” White Evangelical Nihilism:”

There’s a genuine ideological foundation for the ethos that makes Trump and Cruz so popular. I call it white evangelical nihilism.

When you’re told by your pastor that all the people outside of your ideological tribe are utterly wicked and deserving of eternal torture, that’s how it becomes a sin to compromise with your opponents politically and work together for the common good.

Everything about secular liberalism must be utterly antithetical to the Christian gospel and profoundly offensive to God. It has to be, or else secular liberals wouldn’t be worthy of damnation. So everything about liberalism is put into binary opposition with “God’s truth.” To believe in climate change is to believe that God is not in control of the environment. To believe that the government should provide for the poor is an emulation of atheist communism and a usurpation of God’s sovereignty. To promote “political correctness” is to silence the courageous proclamation of “Biblical truth.”

This tracks with a point I make when discussing today’s polarized American political climate.  Conservatives run on a set of existential issues on which there can be no compromise: abortion, homosexuality, taxes, and guns.  Two of these have their basis in religion and two in racism, but all four depend on the fundamental premise that only wicked, lazy or authoritarian people disagree with the right wing on these issues.  This is the fundamental American political problem we need to resolve.

Guyton goes on to reframe salvation.  Rather than a search for God’s help in saving individual sinners from themselves, he argues we should seek His help in saving other people from our sin:

Philippians 2:3 says, “Do nothing from selfish ambition or conceit, but in humility regard others as better than yourselves.” Imagine if Christians, and especially Christian politicians, were known as the people who regard everyone else as “better than [them]selves.”

Read the whole thing.  Excellent essay. Continue reading