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Border, Immigration and Sovereignty
60 posts, newest first (page 3 of 3).
A Satirical Visit to the Gated Estate That Wants Every Other Gate Torn DownA labelled satire about a community with a gate, a guest list and a pool that lectures the country on borders, then the serious point underneath it. The AP Stylebook Changed a Phrase in 2013 and the Coverage Changed With ItOne wire-service style decision in 2013 reshaped how the immigration story is told, and the statutes never changed with it. Before Ellis Island, the States Ran Immigration and the Court Stopped ThemFor most of the 1800s port states screened and taxed arriving passengers until the Supreme Court held in 1876 that immigration belonged to Congress. Trump v. Hawaii and the Broad Power Congress Gave Presidents in Section 212(f)The 2018 travel-ban decision rests on a sweeping statute Congress wrote, and the power it confirms belongs to whoever holds the office, not to one president. INS v. Chadha Began as One Man's Deportation and Ended the Legislative VetoA House resolution undid one student's deportation relief, and the 1983 ruling on bicameralism and presentment still limits how Congress oversees immigration. Plyler v. Doe and the Bill States Pay for a Decision Congress Never MadeA 5-4 Court in 1982 set schooling policy for children unlawfully present, and conservatives can accept the schooling while objecting to who made the rule. Does Mass Illegal Entry Count as an Invasion Under the ConstitutionTwo clauses use the word invasion, conservatives disagree on whether they reach unlawful migration, and the courts have mostly declined to say. What Washington, Hamilton and Jefferson Feared and Hoped About NewcomersThe Founders welcomed immigrants and worried about whether they would take up republican habits, and their disagreement beats today's slogans. The Forgotten Immigration Grievance in the Declaration of IndependenceThe Declaration charges the King with blocking naturalization and discouraging migration, which shows the colonists claimed the right to decide who joins them. One Uniform Rule, How the First Congresses Wrote America's Naturalization LawsArticle I gave Congress the naturalization power, and four early statutes show a young republic arguing over how long attachment takes to form. Wong Kim Ark and the 1898 Birthright Case, Read Fairly From Both SidesUnited States v. Wong Kim Ark is narrower than its fans claim and stronger than its critics admit, and a fair reader should see the text on both sides. The Chinese Exclusion Case and How the Court Found a Sovereign Power to ExcludeChae Chan Ping v. United States rests a nation's power to exclude on sovereignty itself, a principle worth keeping even as we condemn the law that produced it.
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