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August 28, 2018|DACA, DAPA, Dream Act, NAACP v. Trump, Prosecutorial Discretion

Enforcing Immigration Laws is “Arbitrary and Capricious”

by Thomas Ascik|

Protest against end of DACA in Portland, OR, September 5th, 2017 (Diego G Diaz / Shutterstock.com).
Granting federal prosecutors the "discretion" to choose as a matter of policy what laws they favor and what laws they do not favor is just fine, right?

January 15, 2018|DACA, Donald Trump, Dream Act, Executive Power, Judge William Alsup, Marbury v. Madison, Ninth Circuit, Obama administration, Rule of Law

The Constitutionalism of Caprice

by Greg Weiner|

Presidents come and go but so, as defenders of DACA ought also to know, do judges.

May 12, 2016|Administrative State, Arizona Dream Act Coalition v. Brewer, Dream Act, Immigration, Texas v. United States

Immigration “Law” a la Obama: What a Wicked Game

by Michael S. Greve|

A Ninth Circuit immigration decision bears crucially on the Supreme Court’s pending decision in Texas v. United States, better known as “the DAPA case.” The appellate court’s April 5 decision shines a harsh spotlight on the administration’s legal defense of its immigration policies.

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October 28, 2014|Administrative Law, Denys Arcand, Dream Act, Immigration Act of 1990, John Locke, John Roberts, Prerogative

Here Comes Everybody

by F.H. Buckley|

President Obama Delivers Statement On Immigration Reform

We will soon know if the U.S. Senate changes hands, but I’m not one of those waiting with bated breath. I had lunch with a prominent conservative columnist a while back. “It’ll be different in November,” he exulted. “We’ll take the Senate!” “And then what will happen?” I asked. “We’ll pass legislation and send it up to Obama,” he answered. “And then what will happen?” I asked.

My friend thought that the most arrogant and narcissistic President the country has ever seen would blanche before Mitch McConnell. Count me a skeptic. We have gridlock this year, and we’ll very likely have gridlock in 2015, whatever happens in November.

Oh, I know there’s the Senate’s advise and consent role, when it comes to judicial appointments. Conservatives like to pretend that that’s important. All it means is that, with divided government, we won’t see Justice Eric Holder. So we’ll see Justice Elena Kagan. Tell me what’s the difference.

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July 29, 2013|Citizenship, Declaration of Independence, Dream Act, Immigration, Self-Government

An Occupy Wall Street Immigration Policy

by Ken Masugi|

The rancor over immigration policy obscures what should be its central concern—the perpetuation of the principles of the Declaration of Independence and the Constitution. Every major immigration reform of the past ninety years, including the Gang of Eight’s bloated proposal, betrays this same deficiency. Each successive law has focused on parts of a policy, emphasizing this or that interest, this or that racial or ethnic preference. Some are worse than others, but all evade what should be the primary concern—the fostering of self-governing citizens.

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Book Reviews

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

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The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

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James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

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Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

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Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

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Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

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America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

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About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.
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