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Immigration and the Judiciary

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Deist Posted: Sat, Jan 5 2008 6:53 PM

I am curious to see what everyone's view would be on this topic. Regardless of Substantive Due Process's constitutionality, does anyone think that this judicial philosophy would be a bulwark against possible socialistic views of recent immigrants, not to mention the socialistic natives? It seemed to work as a check on special interest legislation and economic interventions from 1890's to early 1930's which included a period of massive immigration but also a period of little immigration. Even though Judges at the Federal level are appointed by the legislature they thereafter are free from political impulses and have shown themselves to act independently from popular whims. So hypothetically if the courts stopped being so self constraining and became more confident, immigration might not be so scary to libertarians. I know to many Anarcho-Capitalists that the only certain way is to abolish the government but that does not seem to prevent many libertarians from proposing immigration restrictions as a temporary measure, which is simply an extension of government authority just as Substantive Due Process is an extension of a government judge's authority. Except in the later case, courts can only nullify legislation infringing on freedom (or at worst let it stand) whereas the immigration restriction does restrict freedom as far as association goes. I look forward to people's response. And keep in mind I have not made my mind up on the facts of this issue, I am merely asking for help on brainstorming to a conclusion.

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