Immigration Reform and the Challenge of Democratic Self-Government

Mortar_of_Assimilation_Citizenship_1889News reports indicate that President Obama will soon announce how he plans to use Executive Orders to implement some aspects of Immigration Reform, due to the failure of Congress to address the subject legislatively.  I recently had the opportunity to participate in a program on Immigration Reform at the Law School on November 5, 2014, along with Stuart Anderson, the Executive Director of the National Foundation for American Policy and an Adjunct Scholar at the Cato Institute.  The event was sponsored by the Law School Chapter of the Federalist Society, the Marquette Immigration Law Association, and the International Law Society.  I want to thank Mr. Anderson for sharing his insights with the law students.  Interested readers can click here to find a recent article by Mr. Anderson.  What follows are my prepared remarks.

I have a daughter who is turning 21 next month.  When a child reaches that age, parents start to ask themselves questions.  Will my daughter bring someone home with her one day, and announce that she is engaged?  How will I react if the person she brings home belongs to a different faith?  How will I react if he is of a different race?  How will I react if “he” is a “she?”

These are questions that tap into deep emotions, even if my rational brain tells me that the answers to these questions don’t matter.  I know that my response to such a situation should be compassionate, and loving, and focus on my daughter’s happiness.  But I also know that I may feel threatened or hurt or disappointed, without consciously wanting to.  Maybe part of the problem is that I can’t control who my daughter brings home.  To a certain extent, who becomes a member of my family is her choice, not mine.

Immigration is about membership in our national family.  It raises the same deep emotions that marriage raises within the family.  And just as we can’t always choose who our children will marry, we also can’t always control who joins our national family.  And Immigration policy needs to be rational, data-driven, and compassionate, and not based on knee jerk emotions.

Simple answers to complex social and economic problems don’t work.  One challenge we face as a nation is that we share a longstanding geographic connection with Mexico.  U.S. employers have turned to Mexican citizens for seasonal labor needs for a very long time.  People have established migration patterns that persist through generations of the same family.  These behaviors won’t change just because we tell people to stop.  We need to address the underlying incentives and motivations for these behaviors.

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Here’s What We Don’t Know About Election Day

By now, we’ve seen the ads.  We’ve heard the talking points. We have at least some idea of which policy positions Scott Walker and Mary Burke favor or oppose.  But with only hours remaining before the votes are counted, there is still plenty we don’t know about the 2014 gubernatorial election in Wisconsin.

Some of it has been hashed over pretty thoroughly.  Turnout, for instance.  Simply put, the Burke campaign needs less-likely Democratic voters to go to the polls in numbers that more closely resemble a presidential election, or at the very least, the 2012 recall election for governor.  Three million people in Wisconsin voted in the November 2012 presidential contest.  Two-point-five million voted in the June recall election.  If turnout looks more like the governor’s race of 2010, when 2.1 million people went to the polls, the Burke campaign will face enormous odds, given historically strong turnout by Republican voters in the state.  But turnout is hardly the only “great unknown” Tuesday.  Here are a handful of others to consider.

1) Do Democrats return to the fold?  Exit polling data from the June 2012 recall election suggests a number of Democrats voted for Governor Walker because they didn’t agree with the recall. Even AFL-CIO President Richard Trumka told me recently that some of his members supported Walker in 2012 because of their discomfort with the recall.  And Trumka is hardly a fan of the governor.  Walker acknowledges that those voters exist.  The question is will they stick with him in this election, or return to their Democratic-voting ways. 

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Independence of Voters Yields Surprises in Law School Poll Results

It probably shouldn’t be such a surprise that independent votes would show their independence. But the Marquette Law School Poll results released Wednesday in an “On the Issues with Mike Gousha” session at Eckstein Hall clearly caught people in the room, as well as far beyond the room, by surprise. Independent voters were largely the reason why.

Two weeks ago, the poll put Republican Gov. Scott Walker ahead of Democratic challenger Mary Burke by five percentage points among likely voters. This time, the two were in such a dead heat among likely voters that the exact same number of poll respondents picked Walker and Burke (380 each). That made for a 47%-47% tie, with the scattered responses making up the remainder.

What changed? Among voters who labeled themselves independents, Walker led in the prior Marquette Law School Poll, conducted late September, by 53% to 40%. But in the new poll, conducted from Oct. 9 through 12, Burke was favored by 45% of independents and Walker by 44%. Professor Charles Franklin, director of the Marquette Law School Poll, considered that a significant shift and an indication that there were still voters out there who are persuadable by either candidate – potentially enough to decide the election.

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