Brian C. Kalt
- Published in print:
- 2012
- Published Online:
- October 2013
- ISBN:
- 9780300123517
- eISBN:
- 9780300178012
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300123517.001.0001
- Subject:
- Law, Constitutional and Administrative Law
The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. This book envisions six such ...
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The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. This book envisions six such controversies, such as the criminal prosecution of a sitting president, a two-term president's attempt to stay in power, the ousting of an allegedly disabled president, and more. None of these things has ever occurred, but in recent years many of them almost have. Besides being individually dramatic, these controversies provide an opportunity to think about how constitutional procedures can best be designed, interpreted, and repaired. Also, because the events described would all carry enormous political consequences, they shed light on the delicate and complicated balance between law and politics in American government.Less
The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. This book envisions six such controversies, such as the criminal prosecution of a sitting president, a two-term president's attempt to stay in power, the ousting of an allegedly disabled president, and more. None of these things has ever occurred, but in recent years many of them almost have. Besides being individually dramatic, these controversies provide an opportunity to think about how constitutional procedures can best be designed, interpreted, and repaired. Also, because the events described would all carry enormous political consequences, they shed light on the delicate and complicated balance between law and politics in American government.
Jennifer M. Chacón and Susan Bibler Coutin
- Published in print:
- 2018
- Published Online:
- March 2018
- ISBN:
- 9780198814887
- eISBN:
- 9780191852596
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198814887.003.0011
- Subject:
- Law, Criminal Law and Criminology, Human Rights and Immigration
Immigration law and enforcement choices have enhanced the salience of Latino racial identity in the United States. Yet, to date, courts and administrative agencies have proven remarkably reluctant to ...
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Immigration law and enforcement choices have enhanced the salience of Latino racial identity in the United States. Yet, to date, courts and administrative agencies have proven remarkably reluctant to confront head on the role of race in immigration enforcement practices. Courts improperly conflate legal nationality and ‘national origin’, thereby cloaking in legality impermissible profiling based on national origin. Courts also maintain the primacy of purported security concerns over the equal protection concerns raised by racial profiling in routine immigration enforcement activities. This, in turn, promotes racially motivated policing practices, reifying both racial distinctions and racial discrimination. Drawing on textual analysis of judicial decisions as well as on interviews with immigrants and immigrant justice organization staff in California, this chapter illustrates how courts contribute to racialized immigration enforcement practices, and explores how those practices affect individual immigrants’ articulation of racial identity and their perceptions of race and racial hierarchy in their communities.Less
Immigration law and enforcement choices have enhanced the salience of Latino racial identity in the United States. Yet, to date, courts and administrative agencies have proven remarkably reluctant to confront head on the role of race in immigration enforcement practices. Courts improperly conflate legal nationality and ‘national origin’, thereby cloaking in legality impermissible profiling based on national origin. Courts also maintain the primacy of purported security concerns over the equal protection concerns raised by racial profiling in routine immigration enforcement activities. This, in turn, promotes racially motivated policing practices, reifying both racial distinctions and racial discrimination. Drawing on textual analysis of judicial decisions as well as on interviews with immigrants and immigrant justice organization staff in California, this chapter illustrates how courts contribute to racialized immigration enforcement practices, and explores how those practices affect individual immigrants’ articulation of racial identity and their perceptions of race and racial hierarchy in their communities.
