Friday, June 21, 2013

Comprehensive Immigration Reform and the Rule of Law (Part II)

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The Hydra Myth: a Fitting Metaphor for Comprehensive Reform
 A law that is not enforced is no law at all.

Immigration reform has become the enormous problem that it is today for a simple, obvious reason that generally escapes mention by media and lawmakers alike.  The failure of the rule of law.  If immigration laws had been rigorously enforced from, say, 1986, our current difficulties would not exist.  As in so many other areas (summarize the current government scandals as examples) enforcing existing law has become optional; the rule of law is largely subjected to the rule of men – the rule of power.  The inability of Republicans, in general, and conservatives in particular to understand this elemental fact goes a long way towards explaining the naivete of a Marco Rubio and his compatriots.  They understand the idea of conservatism, know the lyrics and the melody, and they consistently sing on key.  But it is one thing to understand an idea, and quite another to perceive the world as it is and apply conservative principles.  Consummate naivete presumes that progressives reciprocate in good faith.  A dangerous assumption.

Thursday, June 20, 2013

Comprehensive Immigration Reform and the Rule of Law (Part I)

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I begin with a brief reprise of a subject about which I have written at length [1] -- the pernicious consequences of any comprehensive reform. I have argued always for incremental reform. Comprehensive reform – by its nature – has two serious weaknesses. The first is hubris; the second, obfuscation and legal murkiness that creates the certainty of mischief.