Disingenuous Targeting

Recall that President Donald Trump has signed a revised Executive Order that imposes a short moratorium on entry into the US from six (down from seven under his original EO) Middle Eastern countries.  Hawaii Attorney General Doug Chin has filed suit in Hawaii’s Federal District Court to try to block this new EO.  The EO, Chin claims, will damage Hawaii’s

economy, educational institutions, and tourism industry; and it is subjecting a portion of the state’s citizens to second-class treatment and discrimination, while denying all Hawaii residents the benefits of an inclusive and pluralistic society.

This is disingenuous.  The folks whose entry is being temporarily blocked represent a vanishingly small per centage of Hawaii’s tourist population.  The foolishness of “damage” to educational institutions I’ve already addressed regarding a Washington Federal judge’s ruling on the earlier EO.  Chin’s beef about Hawaii citizens is nothing more than a cynically dragged red herring: the EO doesn’t even address American citizens, much less those who also are citizens of Hawaii.  This EO impacts only some refugees and potential immigrants.

About those refugees and potential immigrants: Chin made this charge in his filing, and he actually kept a straight face as he filed it:

This new executive order is nothing more than Muslim Ban 2.0.  Under the pretense of national security, it still targets immigrants and refugees.

Of course, the EO cannot be a ban; it’s a temporary moratorium with an expiration deadline.  More than that, it cannot be a ban of Muslims; it impacts only about 10% of the world’s Muslims.

Of course, it does target potential immigrants and refugees—those are folks outside our nation, and they are not citizens of our nation.  As such, these people have no right to enter our nation without our prior permission, nor do we have an obligation to let them in.  That’s what nation means, that’s what borders are for.

Nor do we know who these folks are, really—which is why the EO imposes the moratorium: to give State and DHS time to improve our vetting procedures, another requirement of the EO, and a requirement carefully ignored by Chin.

Of course Chin knows all of this.  The utter disingenuousness of this Democrat’s charge ought to get his filing dismissed on its face.

Does a foreigner on foreign soil have Fourth Amendment rights?

That’s the subtitle of a Wall Street Journal op-ed.  The answer should be obvious, too: it would be the height of jingo-ism to assert US government jurisdiction over non-citizens outside our borders—outside, for instance, the 14th Amendment’s subject to the jurisdiction of the US.

Firing into another country at a foreign national, especially one that’s a citizen of the country being fired into, could well be a violation, but that potential would be a violation of a different set of circumstances than the question before the Supremes in the present case, Hernandez v Mesa.  That other set of circumstance has to do with international relations, foreign policy, the nature of casus belli, and on and on—and all purely political matters, not legal ones, and so not only a different set of circumstances, but a matter that’s outside the reach of court jurisdiction.

A Good Move

There’s a new sheriff in Phoenix, the one replacing Sheriff Arpaio, who was defeated in the election last fall.  The new cop has withdrawn Arpaio’s policy of holding prisoners for as long as “necessary” for Immigration and Customs Enforcement to come get those flagged for deportation.

I agree.  Cooperation with the Feds is a two-way street; the Feds have to work with the locals, too.

[New Sheriff Paul Penzone] won’t hold immigrants flagged for deportation by federal authorities past their release date in a major policy change.

He can’t, with any legitimacy.  ICE will need to do their part and move faster even as Penzone continues to cooperate fully with them.

Penzone said ICE officers will remain in his jail to screen everyone who is booked, but he will no longer detain inmates past their release dates to accommodate the agency.

They’re Already Paying

Hundreds of people in the Mexican border city of Ciudad Juarez gathered on the edge of the Rio Grande River on Friday to form a “human wall” to protest US President Donald Trump’s plans for a wall between the countries.

Thanks for the assist, Protestors.  As we both know, the wall is necessary—metaphorically if not literally—in order to control our borders, regardless of who pays for it.  Just be sure, guys, that you leave openings in it for easy, legal border crossing, just as we intend to do.

Who Works for Whom?

John Curtice, writing in The Guardian, in the land where John Locke was borne, seems confused on the question.  His proximate piece is his missive on the nature of referenda in Great Britain.  He began that piece with a false premise of very large proportion, and that—as false premises are wont to do—set the tone for the rest of his op-ed.

In the Commons debates on Brexit during the last fortnight, many MPs have found themselves voting for something they do not believe in. Instead of being their constituents’ “representative”, they now appear to be no more than the people’s “delegate”.

Yet, what else can a representative of constituents be but their delegate?  Unless Curtice means an MP must be the front for their constituents—to “represent” by doing in Parliament what he deems best for them regardless of what they might think is best for themselves.

The thing went downhill from there; he identified four aspects of the referendum on Great Britain’s choice to go out from the EU or to remain within its confines that he considered “cause for concern.”

First, the promise to hold one [the Brexit referendum] was only made because David Cameron found it politically convenient to do so.

Because that motive somehow invalidates the concept of the British people having a voice.  Sure.

Second, the campaign period was relatively short. Only five months….

Because a mere commoner is just too ignorant or stupid to understand a simple question like “Do you want to stay in the EU or go out from it?” unless their betters, their…MPs…and the Curtices of the nation complexify the thing and then “explain” it to them.

Third, unlike most previous referendums, voters were being invited to endorse the status quo rather than a proposal for change.

Yeah, that’s a confusing change-up.  Uh, huh.  Oh, and no plan for going out were that choice voted up despite the confusion?  That’s part of the Betters’ effort at complexifying.  The question was go or stay, not what to do if the choice selected were go or stay.

And this:

Fourth, though often forgotten, the EU vote was the second referendum bite at the European cherry. The issue had supposedly been settled by the referendum Harold Wilson called in 1975.

Because once taken, a decision can never be changed.  The grandchildren must never be allowed to change from their grandparents’ path.  Well, I suppose that’d be one way to decomplexify the thing.

…it is time to lay down some systematic rules about when a referendum should be held – and should not.

How else to have the commoners’ Betters keep control of the outcome, after all?

Not allowing referendums to take place when there is no detailed proposal for the change in question might be a good place to start.

Who gets to decide the adequacy of the “detailed proposal?”  Who gets to demand that there be voice of the people, no referendum, until a satisfactory “detailed proposal” is sufficiently in place?  And sufficiently debated (by whom)?

You know who.  Because the people exist just to give the Betters in Government something to do.