Jonathan Gruber: Airbrushed from History

A flurry of activity surrounding the Affordable Care Act (described below) brings to mind a bitter-cold day in February 1948, when party leader Klement Gottwald stepped out onto a Prague balcony to announce the birth of Communist Czechoslovakia. A solicitous comrade (Clementis) placed his fur cap on Gottwald’s bare head. As Milan Kundera describes it…

The Monster of Babel

In the annual Torah cycle, we Jews always read the story of the Tower of Babel shortly before Halloween. This…

We Are All Dangerous and We All Have Rights

In his sane and thought-provoking Liberty Forum essay about immigration, Richard Samuelson argues that “America’s very essence” may well be…

From the Blog

Mike Rappaport
University of San Diego School of Law

The Sixth Annual Originalism Works-in-Progress Conference

Every February, the Center for the Study of Constitutional Originalism at the University of San…

When Common Law Rights are Constitutionalized

One important methodological issue involves the question of how to interpret common law rights that…

The Dormant Commerce Clause

Mike Greve and Mike Ramsey both have interesting posts on McCulloch v. Maryland and the…

John O. McGinnis
Northwestern University School of Law

Celebrate Consumer Surplus

The collaboration that the market makes possible across continents and time is one of the…

American Capitalism Created the Computational Revolution

Walter Isaacson is one of our greatest biographers. He has written three superb portraits of…

Let Corporations Shift Fees in Shareholder Suits

In Sunday’s New York Times, Gretchen Morgenson bemoans the Delaware Supreme Court’s recent decision permitting…

Michael S. Greve
George Mason School of Law

Jonathan Gruber: Airbrushed from History

A flurry of activity surrounding the Affordable Care Act (described below) brings to mind a…

Administrative Law Without Congress

Administrative Law—both in its New Deal and its modern, post-Chevron version—rests on legislative supremacy. In…

A Constitutional Congress

In an exceptionally important article, Chris DeMuth addresses the deep pathologies of our politics. Chris…

Liberty Law Forum

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Can America Remain a Nation of Immigrants in the 21st Century?

We often call ours “a nation of immigrants.” It is a peculiar and paradoxical phrase. A “nation,” as generally understood, is a tribal, ethnic, or historical group. In the era of the American Revolution, a nation, a people, a tribe, and a race were often interchangeable terms. Nation, as the word is usually used by…

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Responses

Immigration Bolsters American Freedom

There is much to agree with in Richard Samuelson’s essay. My disagreement arises from three main sources. First, Samuelson undervalues how important relatively freer immigration is for maintaining American values and institutions. Second, his view of the country’s past assimilation of immigrants is too rosy. Third, his pessimism concerning the assimilation of current immigrants is…

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The Past, Present, and Future of American Immigration

Richard Samuelson has provided us with a thoughtful discussion of immigration in modern America, focusing on its philosophical meanings and its place in American society. He defends the idea of America as a “credal” nation built upon the political principles of the Founding era and sees the assimilation of immigrants to that Founding creed as…

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Assimilation is a Brutal and Necessary Bargain

Let me begin by acknowledging that I share Professor Samuelson’s concern that many immigrants today are not assimilating to “classic American values of thrift, hard work, and cooperation in civil society.” I, too, am uneasy at the prospect of immigrants being influenced by “trans-national” elites to the point where they, and especially their children, may…

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Law, Culture, and Immigration: Richard Samuelson Responds

I thank Peter Skerry, Vincent Cannato, and Alex Nowrasteh for their thoughtful comments about my essay. As I wrote more about the political context in which immigration and assimilation happen, perhaps I was pushing too far beyond what they take to be the topic at hand. That might explain some of the character of the…

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