We Have Met the Other and He Is Us (Law Professors)

In the latest development in what is starting to feel like a trip  “through the looking glass” to some bizarre version of the legal world as I understood it in law school, actual, important politicians have raised the spectre of  repealing or amending or re-interpreting the Fourteenth Amendment, specifically, its provision that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”  It seems especially sad that those who want to abolish or change the long-standing, post-Civil-War principle of birthright citizenship in the United States are, mainly, Republicans: one might call the Fourteenth Amendment “one of the [Republican] party’s greatest feats,” as did the Economist in the article linked above.  In any event, the Economist article does a pretty fair job, I think, of discussing the various perspectives on the issue (including pointing out that the so-called “anchor baby” idea is almost completely a fallacy, since a child cannot petition to make his parent a citizen until after the child is 21).

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Best of the Blogs

The first item that caught my eye this week was a little blog our student Priya Barnes is writing as she visits Germany, attending the Summer Session in Giessen, Germany, that Professor Fallone blogged about on Monday.  So far, she’s only offered one entry, about her travels, but I intend to watch for more….

Mark Tushnet (who gave a terrific presentation at Marquette last week, co-sponsored by the student American Constitution Society organization and the local lawyer’s chapter of ACS) raises some interesting questions about Republican-sponsored legislation that would require congressional review of proposed “major regulations.” The idea is that agency rules would be transformed into agency proposals, to be okayed by Congress.  For “non-major” proposals, Congressional silence would equal assent, while majority votes of both chambers would be required for adoption of new “major regulations.”  

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When Do Police Have Reasonable Suspicion That You Are a Non-Citizen?

For the past couple of weeks I have been stewing about how to respond to Rick’s post in which he tried to analogize the outcry against Arizona’s new immigration law to the Tea Party’s blowout bash against the new federal health care legislation.  He called the left out for hypocrisy in its condemnation of the accusations of “socialized medicine” and “death panels,” asserting that the left is “is just as over the top as the most silly Tea Party [when it terms the Arizona law] ‘racist,’ ‘hysterical nativism,’ and evocative of Nazi Germany and Communist Russia. It is cause, we hear, to read Arizona out of the civilized community.”

His rhetorical approach was really effective, I think, so I am going to copy it: starting with a concession to gain your trust, before pointing out the flaw I see in Rick’s argument.

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