Division of Labour: The solution to illegal immigration?

June 23, 2005

The solution to illegal immigration?

Now, I am no big-city lawyer, but I have been perplexed at the lack of action on the part of anyone up in D.C. as we absorb up to 60,000 illegal transfers across our southern border each month. (Would we care if they carried AK-47's? Just a question.) I was beginning to think that there simply was no plan to do anything about the borders, but maybe there is a plan after all.

Perhaps, knowingly or not, two of the three branches of government are not-so-slowly solving our illegal immigration problem. Remembering that there were few people sneaking East over the Soviet frontier, arguably because just about anywhere else in the world was better than being in the Soviet Union, we can make the U.S. a very inhospitable place, thereby reducing the number sneaking North across our frontier.

We might have to change the name of the country to make the signal crystal-clear, why not F.U.S.A.? Fascist (or your other favorite 'f' word) United States of America?

Part (1)

"The Congress shall have power to prohibit the physical desecration of the flag of the United States." (Proposed "flag burning" amendment passed U.S. House June 22, 2005)

Message? Your private property is not your's, especially if destroying it will hurt someone else's feelings. Don't come to El Norte because whatever you think you are going to earn, keep, or send home is really not yours to begin with. The government can put you (us) in jail for doing something with your property that can only hurt "feelings?"

(Side note: The proposed amendment is a disaster in the making - what constitutes a flag? Is a flag made out of fireworks on the fourth of July out of the question? If my flag has 55 stars and 14 stripes, can I burn it? Is my flag my property or not? rrrrr)

Part (2):

Though the city could not take petitioners' land simply to confer a private benefit on a particular private party...the takings at issue here would be executed pursuant to a carefully considered development plan, which was not adopted “to benefit a particular class of identifiable individuals...The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue." (Kelo v. New London, June 23, 2005)

Message? The government does know what is the best use of your property, even if more than YOUR feelings are damaged in the process, e.g., there are real economic damages. All the government needs is a "carefully considered" and "carefully formulated" plan that has someone's seal of approval that it might (maybe, perhaps, could be, when pigs fly) create new jobs AND TAX REVENUE!!! Oh, the court came up with a good one there. As long as the beast can feed, which the court has now told us is an unambiguously good thing, then all bets are off.

With a few more good ideas like this we are on our way to reducing freedom in this country to the point that others won't want to come here - hey at least the local plumber will keep his job, but only if it generates tax revenue!

Part (3):

Of particular relevance here is Wickard v. Filburn, 317 U. S. 111, 127–128, where, in rejecting the appellee farmer’s contention that Congress' admitted power to regulate the production of wheat for commerce did not authorize federal regulation of wheat production intended wholly for the appellee’s own consumption, the Court established that Congress can regulate purely intrastate activity that is not itself "commercial," i.e., not produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity.

For those of you who don't recognize this quote, it comes from Gonzales v. Raich (June 6, 2005) better known as "Medical Marijuana." The court goes one better in the very next sentence:

In both cases, the regulation is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat or marijuana, has a substantial effect on supply and demand in the national market for that commodity.

What? The wheat industry has been cartelized (by Congress!!) like the marijuana industry and Farmer Filburn undermines the wheat industry by growing a few bushels on the side for him and the missus? This is simply not credible given the facts.

Moreover, the statement implies that somehow Raich and Mason (the two folks who sued) growing their own marijuana would "upset" the market for marijuana. In Filburn, regulating wheat production was assumed to be aimed at maintaining a high price for wheat - I suppose for the sake of farmers, because who cares about consumers (oh, the dead weight loss)? Is the Controlled Substances Act intended to maintain a high price for illegal drugs?

(Side note: The Gonzales vs. Raich case centered on the DEA destruction of SIX marijuana plants. Hardly a threat to the cartels in Ol' Mexico and elsewhere. Farmer Filburn harvested nearly 12 acres of wheat above his allotment. - Old Farmer Filburn was hardly a threat to the world wheat industry.)

Message from Gonzales vs. Raich? Congress has known what's best for you to put in your stomach and lungs (but not beside them), going on 70 years. Remember, Congress decides what you will do with your private property. Besides, there is a chance you might sell your private property to someone else and we can't have that.

Yep, the F.U.S.A. - we are well on our way. Come a few more years when our freedoms are about the same as Ol' Mexico, El Norte won't look so appealing.

Posted by Craig Depken at 09:40 PM in Law · TrackBack (1)

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