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11. The Chartered Rights of Americans: A Kirkian Case for the Incorporation of First Amendment Rights

Author:
Luke C. Sheahan
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
Traditionalist conservatives have often expressed hostility to the Supreme Court’s First Amendment jurisprudence, perceiving it as an attempt to accomplish social change undertaken by the court’s current justices while disregarding the original meaning of the Bill of Rights.1 According to this account, rather than recognizing the provisions of the First Amendment to be part of a larger constitutional project that upholds social order and traditional institutions, the court interprets First Amendment clauses so as to undermine the basic structural logic of the Constitution itself. An advocate of this position is the figure many consider to be the godfather of American intellectual conservatism, Russell Kirk.
Topic:
Law, Domestic politics, and Conservatism
Political Geography:
United States

12. Reflections on Russell Kirk

Author:
Lee Trepanier
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Humanitas
Abstract:
A century has passed since the birth of Russell Kirk (1918-94), one of the principal founders of the post-World War II conservative revival in the United States.1 This symposium examines Kirk’s legacy with a view to his understanding of constitutional law and the American Founding. But before we examine these essays, it is worth a moment to review Kirk’s life, thought, and place in American conservatism.
Topic:
Religion, Political Theory, Domestic politics, and Conservatism
Political Geography:
United States

13. Extremism, The American Founding, and Russell Kirk’s The Roots of American Order

Author:
Luigi Bradizza
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
Russell Kirk has three interlocking intentions in writing The Roots of American Order.1 First, he would draw our attention to the appearance of modern tyranny, particularly as established by the French and Russian revolutions, and have us see this form of tyranny as a new and especially dangerous type of political evil. Second, he aims to keep America from succumbing to a similar modern tyranny by arguing that America is largely the result of premodern strains of thought and historical and cultural experiences that have combined to give us an ordered liberty that, if properly understood and attended to, insulates us from modern tyranny.2 Third, in recovering an understanding of our ordered liberty, Kirk would also have us renew our loyalty to it on its own terms (apart from the protection it offers us from modern tyranny) and retain it as the substantial political goal toward which Americans can and should aim. In recovering an appreciation of the premodern roots of American order, Kirk sets himself against the position that America can be understood as a fundamentally early-modern liberal nation. Though recent scholarly work on the place of natural rights in the American Founding has raised questions about Kirk’s analysis of the Founding, it is my argument that Kirk’s analysis is largely sound because America’s political culture does indeed have deep roots in premodernity. Furthermore, Kirk’s analysis of modern tyranny is also sound. Despite the fact that debate over the character of the Founding is very much alive, and regardless of how it turns out, loyalty to Kirk’s understanding of ordered liberty is vital because the American ordered liberty that he describes is a precondition of human flourishing.
Topic:
Religion, Political Theory, Domestic politics, and Conservatism
Political Geography:
United States

14. The Concept of Statesmanship in John Marshall’s Life of George Washington

Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
By any conventional measure, Chief Justice John Marshall’s Life of George Washington (1804) was a flop. Intended to be the authoritative biography of the nation’s most celebrated general and president, the work was widely derided at the time of its overdue publication, and since then has been largely forgotten. Surely the sense of personal embarrassment Marshall experienced must have been keen, for he admired no public figure more than Washington. Amid his Supreme Court duties, he labored for years on the Life, digging deep into American military and political history in hopes of etching in the minds of his fellow citizens the memory of the republic’s foremost founder. Yet in spite of his efforts, on no other occasion were Marshall’s failures more total and public. At one point, Marshall expressed the desire to publish the work anonymously, and one wonders if his wish was motivated less by self-effacement than a faint premonition of the biography’s failure.
Topic:
Law, Military Affairs, Domestic politics, and Supreme Court
Political Geography:
United States

15. Women of the Alt-Right: An Intersectional Study of Far-Right Extremism, Gender, & Identity in the United States

Author:
Sarah Kenny
Publication Date:
08-2019
Content Type:
Policy Brief
Institution:
Women In International Security (WIIS)
Abstract:
The alt-right, an expression of far-right violent extremism, presents a security risk to citizens in the United States and around the world. As globalization, mass immigration, and multiculturalism flourish, various collectives of fearful individuals and populist politicians will continue to embrace ethnonationalist worldviews and employ violent means to enforce them. To combat this security risk, it is essential to acknowledge that women make significant contributions to the altright and violent extremism. Women can no longer be misrepresented and excluded from efforts to prevent and counter this form of violent extremism. Exclusion has proven both disingenuous and dangerous along the road to realizing a comprehensive threat analysis and strategy.
Topic:
Gender Issues, Terrorism, Women, Domestic politics, Gender Based Violence, and Far Right
Political Geography:
United States

16. Economic Consequences of the U.S. Convict Labor System

Author:
Michael Poyker
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Institute for New Economic Thinking (INET)
Abstract:
I study the economic externalities of convict labor on local labor markets and firms. Using newly collected panel data on U.S. prisons and convict-labor camps from 1886 to 1940, I calculate each county’s exposure to prisons. I exploit quasi-random variation in county’s exposure to capacities of pre-convict-labor prisons as an instrument. I find that competition from cheap prison-made goods led to higher unemployment, lower labor-force participation, and reduced wages (particularly for women) in counties that housed competing manufacturing industries. The introduction of convict labor accounts for 0.5 percentage-point slower annual growth in manufacturing wages during 1880– 1900. At the same time, affected industries had to innovate away from the competition and thus had higher patenting rates. I also document that technological changes in affected industries were capital-biased.
Topic:
Economics, Political Economy, Labor Issues, Capitalism, Domestic politics, Macroeconomics, Mass Incarceration, and Manufacturing
Political Geography:
United States

17. Midterm elections in the United States: A boost or a setback for President Donald Trump

Author:
Krševan Antun Dujmović
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
Institute for Development and International Relations (IRMO)
Abstract:
Eyes of America and of the entire international community are turning to the midterm elections in the United States due on 6 November 2018. The United States of America is a federal, both presidential and constitutional republic, and in the system of separation of powers the US President embodies the executive branch of the federal government. The President of the United States is often regarded as the most powerful person in the world, primarily as he is the Commander-in-Chief of the US Armed Forces, one of the largest military that consumes around 40% of the total military expenditures in the world. With growing tensions and uprising of new regional or global powers, the US is nonetheless the world’s biggest economy by nominal GDP and has the dominating in�luence in international political relations. The US President personi�ies American power andin�luenceglobally,andatthesametime the President has big powers in domestic policy. These include appointing diplomatic, federal executive and judicial of�icers, concluding treaties with foreign countries, enforcement and execution of federal laws, vetoing bills before they become laws in legislative procedure, convening and adjourning houses of the United States Congress, either or both, albeit in extraordinary circumstances. Notwithstanding, the system of checks and balances incorporated by the US Constitution ensures that the President’s powers do not expand out of control.
Topic:
Foreign Policy, Elections, Political stability, and Domestic politics
Political Geography:
United States, Washington, and D.C.

18. The purpose of this study was to ascertain the challenges faced by Central American migrants who returned home after failing to gain asylum or other international protection in the United States or Mexico. Cristosal interviewed individuals who fled from El Salvador, Guatemala, and Honduras under threats of violence and persecution and had been deported back to their country of origin to determine why they fled their homelands, why they could not secure asylum, and on their situations post-return. In the context of mass migration from these countries, the study used in- depth interviews to understand the different ways in which people experienced the violence and fear that forced them to flee and how their responses upon “voluntary return” or deportation back to their country of origin were shaped by that same violence. While there are many studies on the flight of persons from the Northern Triangle of Central America (NTCA), little is known about the experience of refugees who cannot secure protection in another country and are deported to their home country, from which they originally fled. What are the psychosocial, security, and human rights consequences for people who migrated out of fear for their lives and were then forced to return to the situation that forced them to flee?

Author:
Donald Kerwin
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
Center for Migration Studies of New York
Abstract:
The US refugee resettlement program should be a source of immense national pride. The program has saved countless lives, put millions of impoverished persons on a path to work, self-sufficiency, and integration, and advanced US standing in the world. Its beneficiaries have included US leaders in science, medicine, business, the law, government, education, and the arts, as well as countless others who have strengthened the nation’s social fabric through their work, family, faith, and community commitments. Refugees embody the ideals of freedom, endurance, and self-sacrifice, and their presence closes the gap between US ideals and its practices. For these reasons, the US Refugee Admissions Program (USRAP) has enjoyed strong, bipartisan support for nearly 40 years. Yet the current administration has taken aim at this program as part of a broader attack on legal immigration programs. It has treated refugees as a burden and a potential threat to our nation, rather than as a source of strength, renewal, and inspiration. In September 2017, it set an extremely low refugee admissions ceiling (45,000) for 2018, which it had no intention of meeting: the United States is on pace to resettle less than one-half of that number. It has also tightened special clearance procedures for refugees from mostly Muslim-majority states so that virtually none can enter; cynically slow-walked the interview, screening, and admissions processes; and decimated the community-based resettlement infrastructure built up over many decades (Miliband 2018). At a time of record levels of forced displacement in the world, the United States should model solidarity with refugees and exercise leadership in global refugee protection efforts (Francis 2018a, 102). Instead, the administration has put the United States on pace to resettle the lowest number of refugees in USRAP’s 38-year history, with possible further cuts in fiscal year (FY) 2019.
Topic:
Refugees, Domestic politics, and Resettlement
Political Geography:
United States, Washington, and D.C.

19. Immigration and the War on Crime: Law and Order Politics and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996

Author:
Partisia Macias-Rojas
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
The 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) was a momentous law that recast undocumented immigration as a crime and fused immigration enforcement with crime control (García Hernández 2016; Lind 2016). Among its most controversial provisions, the law expanded the crimes, broadly defined, for which immigrants could be deported and legal permanent residency status revoked. The law instituted fast-track deportations and mandatory detention for immigrants with convictions. It restricted access to relief from deportation. It constrained the review of immigration court decisions and imposed barriers for filing class action lawsuits against the former US Immigration and Naturalization Service (INS). It provided for the development of biometric technologies to track “criminal aliens” and authorized the former INS to deputize state and local police and sheriff’s departments to enforce immigration law (Guttentag 1997a; Migration News 1997a, 1997b, 1997c; Taylor 1997). In short, it put into law many of the punitive provisions associated with the criminalization of migration today. Legal scholars have documented the critical role that IIRIRA played in fundamentally transforming immigration enforcement, laying the groundwork for an emerging field of “crimmigration” (Morris 1997; Morawetz 1998, 2000; Kanstroom 2000; Miller 2003; Welch 2003; Stumpf 2006). These studies challenged the law’s deportation and mandatory detention provisions, as well as its constraints on judicial review. And they exposed the law’s widespread consequences, namely the deportations that ensued and the disproportionate impact of IIRIRA’s enforcement measures on immigrants with longstanding ties to the United States (ABA 2004). Less is known about what drove IIRIRA’s criminal provisions or how immigration came to be viewed through a lens of criminality in the first place. Scholars have mostly looked within the immigration policy arena for answers, focusing on immigration reform and the “new nativism” that peaked in the early nineties (Perea 1997; Jacobson 2008).Some studies have focused on interest group competition, particularly immigration restrictionists’ prohibitions on welfare benefits, while others have examined constructions of immigrants as a social threat (Chavez 2001; Nevins 2002, 2010; Newton 2008; Tichenor 2009; Bosworth and Kaufman 2011; Zatz and Rodriguez 2015). Surprisingly few studies have stepped outside the immigration policy arena to examine the role of crime politics and the policies of mass incarceration. Of these, scholars suggest that IIRIRA’s most punitive provisions stem from a “new penology” in the criminal justice system, characterized by discourses and practices designed to predict dangerousness and to manage risk (Feeley and Simon 1992; Miller 2003; Stumpf 2006; Welch 2012). Yet historical connections between the punitive turn in the criminal justice and immigration systems have yet to be disentangled and laid bare. Certainly, nativist fears about unauthorized migration, national security, and demographic change were important factors shaping IIRIRA’s criminal provisions, but this article argues that the crime politics advanced by the Republican Party (or the “Grand Old Party,” GOP) and the Democratic Party also played an undeniable and understudied role. The first part of the analysis examines policies of mass incarceration and the crime politics of the GOP under the Reagan administration. The second half focuses on the crime politics of the Democratic Party that recast undocumented migration as a crime and culminated in passage of IIRIRA under the Clinton administration. IIRIRA’s criminal provisions continue to shape debates on the relationship between immigration and crime, the crimes that should provide grounds for expulsion from the United States, and the use of detention in deportation proceedings for those with criminal convictions. This essay considers the ways in which the War on Crime — specifically the failed mass incarceration policies — reshaped the immigration debate. It sheds light on the under-studied role that crime politics of the GOP and the Democratic Party played in shaping IIRIRA — specifically its criminal provisions, which linked unauthorized migration with criminality, and fundamentally restructured immigration enforcement and infused it with the resources necessary to track, detain, and deport broad categories of immigrants, not just those with convictions.
Topic:
Immigration, Border Control, Domestic politics, and Deportation
Political Geography:
United States, Central America, and North America

20. Theocracy vs Constitutionalism in Japan: Constitutional Amendment and the Return of Pre-war Shinto Nationalism

Author:
Naoko Kumada
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies (NTS)
Abstract:
This paper offers an understanding of the scope, nature, and context of constitutional change being proposed in Japan today, in internal terms rather than through external reconstruction. Rather than being a mere reaction to “external circumstances”, as portrayed by its apologists and by “realist/rational-reconstructionist” analysis, the movement to amend and replace the Constitution is a project with a history, underpinned by a worldview and driven by an ideology that provide it with its own momentum. The most overlooked aspect of the movement is religion. From the Meiji Restoration until the end of the War, Japan was governed through a religio-political system based on a newly invented State Shintoism. The scope and intent of today’s movement to amend/replace the Constitution cannot be understood without this background in mind. Failure to account for the ideological, cultural, historical, and indeed the constitutional dimensions of the issue seriously underplays the stakes for Japan and its neighbours. The constitutional movement is part of a multi-generational project to restore what its leaders declare to be the “true shape of Japan”, with the pre-war religious ideology and constitutional form that they deem to have been unjustly replaced by the US occupation administration after Japan’s defeat.
Topic:
Imperialism, Reform, Constitution, and Domestic politics
Political Geography:
United States, Japan, Asia, and Asia-Pacific