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Culture War Roundup for the week of April 7, 2025

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The most fundamental authority of a sovereign entity is determining who is permitted within its borders.

I don't necessarily disagree with this. I was literally just mocking ("tongue-in-cheek") the hyperbole of the OP that was brought forth without much forethought: reactionary doomposting.

When the federal bureaucracy had its small departments with narrow scopes, soon enough they became massive departments with broad scopes.

The world has changed significantly. People used to show up on our shores with nothing more than a name on a ship manifest. Now passports with electronic components are ubiquitous and traveling without one is unimaginable. Bureaucracy must exist to manage this, no? Or do we simply turn away all foreigners based on a "vibe check" from the current executive? Bureaucracy shouldn't be judged by its size, but by its outcomes (I'll touch on that later in this comment).

Racism, sexism, religious bigotry. If we were so racist, so sexist, so bigoted, if we were so tyrannical for so many, then how were we ever liberated?

This feels like a non-sequitur so I'm just going to ignore it after quoting it...

But there was a point when we could deport foreigners with minimal hurdle, and now we can't.

What days are you hearkening back to? I struggle to think of any notable mass deportations in the modern era. Japanese Internment Camps with FDR? Trail of Tears with Andrew Jackson? Or even further, when you were simply accepted into or rejected from based on skin tone and accent?

who checks the judge?

The legislature, which originally ceded its power for short-term political gains (thanks Newt Gingrich), but has now ceded its power for reactionary political revolution (thanks Mike Johnson).

I'm not defending the current asylum system, as the impression that it can be abused has brought us to a less-than-optimal political "middle-ground" where a few hundred judges are assigned to hundreds of thousands of cases to determine whether someone's asylum claim is authentic or not. Conservatives are on record opposing legislative immigration reform for more than a decade. Progressives do not have political power at the federal level, even if you can find soundbytes on YouTube of them getting "owned". The neoliberal Democrat centrists have never been opposed to immigration reform, and have brought forth multiple bills delivering exactly what their conservative counterparts have asked for (thanks again Newt Gingrich, who needs bipartisan legislation when we can just swing a massive pendulum between 2 shitty alternatives every couple of years).

To go even further: I do think there are going to be really difficult pills to swallow in the coming decades regarding mass migration, not even outside of borders, but within our borders as well. I don't think it's unreasonable to think that there is some potential future where we will be watching masses of people starve through binoculars across the Rio Grande. It'd be great to figure out how we can, as a nation, navigate those turbulent waters without regressing to animalistic authoritarianism, but over the past 10 years I have lost faith more and more that that's even possible.

All of this is just a play for more executive power. I don't trust that executive power won't be abused, especially given that the current executive seems to get off (sexually?) on flaunting abuses of power. But maybe there's where you and I differ in concerns about real dangers to our freedom in the coming years.

Good comment.

I invoke my "neutron star fallacy" at your reframing of the top-level comment. It's not a human rights abuse to send foreigners back to their home countries, even if they may face punishment or death. The argument goes that such "abuses" will inevitably snowball into greater tyranny but we know this never happened. It is directly analogous to the identitarian concerns I name.

What days are you hearkening back to? I struggle to think of any notable mass deportations in the modern era.

Operation Wetback.

The legislature

Voted removals aren't checks. A judge overrules the executive or congress, congress can vote to remove, while it takes another judge to overrule the first. The judicial checks itself. At a minimum it should be that if a judge is overruled by a superior court X instances in period of time Y, they are automatically and immediately removed from office. This maintains protection from a nearly-even congress politicizing removals (and the reciprocal gaming that would invite in a change of control) while making their accountability structural. But this also is not a check. We can remove judges ,stuff courts, the power remains, what do we do? Limit it as much as possible. The judicial effectually has authority that supersedes all others, so its authority must be the most strictly regulated, starting with all judges below SCOTUS losing the power to issue injunctions on government activity.

To go even further: I do think there are going to be really difficult pills to swallow in the coming decades regarding mass migration, not even outside of borders, but within our borders as well. I don't think it's unreasonable to think that there is some potential future where we will be watching masses of people starve through binoculars across the Rio Grande. It'd be great to figure out how we can, as a nation, navigate those turbulent waters without regressing to animalistic authoritarianism, but over the past 10 years I have lost faith more and more that that's even possible.

All of this is just a play for more executive power. I don't trust that executive power won't be abused, especially given that the current executive seems to get off (sexually?) on flaunting abuses of power. But maybe there's where you and I differ in concerns about real dangers to our freedom in the coming years.

From 1900, every single bloodthirsty non-socialist non-communist nationalist movement emerged as a response to no less than equally bloodthirsty socialist and communist movements. No milquetoast conservative government sat by only to be taken over by reactionaries. So while I am also concerned about what horrors may lie in our future, I know they will only rise as the last reaction. My beliefs align with preventing that from happening by bringing about the people's current, eminently moderate requests. The district judge ordering the executive to bring back an illegal alien does not reduce the possibility of tyranny, it sharply raises it. Because again, the judicial branch checks itself, but these judges invite a check on power from a much different, far older structure.

Operation Wetback

Thanks for the link and jogging my memory, because I am loosely familiar with this and very familiar with Harlon Carter (amazing how history rhymes so much: parallels to be drawn between modern figures and historical figures).

My takeaway from (admittedly, briefly) reading about this operation is that the "success" wasn't strictly that the executive was able to act with impunity absent judicial oversight, but also that the Mexican government was equally enthusiastic about stemming the tide of migrants.

I still hold the position that the legislature is where the solutions to immigration should lie, and that any interaction between the executive and judicial is fundamentally suspect. I appreciate your comment, but I'm not certain that I can be convinced otherwise.