I’m not remotely a Constitutional lawyer and nowhere near a final authority here, but when I took Jeremy Rabkin’s Constitutional...
I’m not remotely a Constitutional lawyer and nowhere near a final authority here, but when I took Jeremy Rabkin’s Constitutional Law class at Cornell I took the final essay prompt about due process as applied to immigration decisions. I remember looking through the precedents and finding that a sovereign government is definitionally considered to have the power to control immigration (similar to the police power as so foundational it goes without enumerating) and is granted a surprising amount of unchecked latitude with how to use it. Don’t count on a miracle.
Quoted this to one of my friends
His response:
not a miracle, but expecting a big resurgence of “state’s rights” on the subjects of immigration and more on the coastal left states, and this is a start in that direction
Can I just say that that scares me more than Trump? Because that’s how you get border controls on state lines.
There used to be stronger notions of state citizenship as vs. national citizenship in the USA but they were systematically undercut (in the name of freedom of movement among others) in what was taken as left-Progressive movement
Shapiro v. Thompson, 1969, that states can’t put up a 1-year residency requirement as a barrier on welfare and (LEFT: reserve rich white resources for rich white people//RIGHT: deter welfare migrants and preempt a race to the bottom), that was the last blow
but today is a year, someone has a name, these things can change