Show Details for the week of April 30th, 2012

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  • Terrorist Plots, Hatched by the FBI – An interview with David Shipler
  • Arizona Immigration Case and “Reverse-Commandeering” – An interview with Margaret Hu

More about our guests:

David Shipler

David Shipler is a Pulitzer Prize-Winning Author and Former Foreign Correspondent of The New York Times. He worked for The New York Times from 1966 to 1988, reporting from New York, Saigon, Moscow, and Jerusalem before serving as chief diplomatic correspondent in Washington, DC.

He wrote the best-seller Russia: Broken Idols, Solemn Dreams, published in 1983, updated in 1989, which won the Overseas Press Club Award in 1983 as the best book that year on foreign affairs. His book, The Working Poor: Invisible in America, was a national best-seller in 2004 and 2005. It was a finalist for the 2005 National Book Critics Circle Award and the New York Public Library Helen Bernstein Award. It won several awards, including the Outstanding Book Award from The Myers Center for the Study of Bigotry and Human Rights at Simmons College. He has just finished two books on civil liberties: The Rights of the People: How Our Search for Safety Invades Our Liberties, published in 2011 and Rights at Risk: The Limits of Liberty in Today’s America, in 2012.

Quote: (from the article)
“The United States has been narrowly saved from lethal terrorist plots in recent years — or so it has seemed. A would-be suicide bomber was intercepted on his way to the Capitol; a scheme to bomb synagogues and shoot Stinger missiles at military aircraft was developed by men in Newburgh, N.Y.; and a fanciful idea to fly explosive-laden model planes into the Pentagon and the Capitol was hatched in Massachusetts.

“But all these dramas were facilitated by the F.B.I., whose undercover agents and informers posed as terrorists offering a dummy missile, fake C-4 explosives, a disarmed suicide vest and rudimentary training. Suspects naïvely played their parts until they were arrested.”
Article: Terrorist Plots, Hatched by the F.B.I.

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Margaret Hu

Margaret Hu is an assistant professor at Duke Law School and is the author of a forthcoming article in the U.C. Davis Law Review titled “Reverse-Commandeering.” Her research interests include the intersection of immigration policy, national security, and civil rights, as well as critical legal studies.  She joined the Duke Law faculty in 2010 as a senior lecturing fellow in Duke’s Program in Public Law.  Hu previously served as senior policy advisor for the White House Initiative on Asian Americans and Pacific Islanders, and also served as special policy counsel in the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U. S. Department of Justice, in Washington, D.C. As Special Policy Counsel, Hu managed a team of attorneys and investigators in the enforcement of the anti-discrimination provisions of the Immigration and Nationality Act (INA), and was responsible for federal immigration policy review and coordination for OSC.

Quote:“As the Supreme Court heard oral argument in Arizona v. U.S., one of the main legal questions it considered is this: Whether Arizona’s Senate Bill 1070 (SB 1070) is preempted by federal immigration law under the Supremacy Clause. This is a statutory-driven inquiry that misses the constitutional mark. The more relevant question is this: Whether SB 1070 poses a threat to the vertical separation of powers. …

“The recent tidal wave of thousands of immigration control efforts proposed by state and local governments can best be characterized as ‘reverse-commandeering’ laws. Setting migration policy at the national level, like establishing a national currency, falls within the sole power of the federal government. Reverse-commandeering by the states is an effort to usurp the federal government’s sole prerogative. This growing movement represents an attempt to control the terms of what federal resources and officers must be appropriated to accommodate a myriad of state immigration enforcement programs. It is a deliberate attempt to skew the immigration enforcement power in favor of the states. …

“Given the impact of immigration policy on foreign and interstate commerce, international treaties, and foreign relations, the Court has concluded that controlling migration patterns is strictly the prerogative of the federal government. Consequently, the growing proliferation of thousands of proposed state and local immigration laws should be examined doctrinally within a commandeering jurisprudential frame. To fail to do so — to continue to accept mirror image theory carte blanche as a favored method of statutory interpretation under the existing preemption doctrine — threatens federal sovereignty. Put another way, it eviscerates the federal government’s ability to develop and implement a coherent, efficacious, and uniform immigration policy at the national level.”

Article:
SB 1070 and Reverse-Commandeering Immigration Laws

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