The William and Mary Bill of Rights Journal

Provides articles on constitutional law.

Articles from Vol. 21, No. 2, December

"Alien" Litigation as Polity-Participation: The Positive Power of a "Voteless Class of Litigants"
Well-funded illegal alien activists in Southern California have found a new way to attack Americans fighting for secure borders and enforcement of current immigration laws. The fight has moved from the streets where they wave the [sic] their Mexican...
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Dreams Deferred: Deferred Action, Prosecutorial Discretion, and the Vexing Case(s) of Dream Act Students
Imagine there's no heavenIt's easy if you try. . . .You, you may sayI'm a dreamer, but I'm not the only oneI hope some day you'll join usAnd the world will be as one. . . .- John Lennon, "Imagine"1Introduction: The Aftermath of the DREAM Act DefeatsIn...
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Guns and Membership in the American Polity
IntroductionThe gun is mythic in the American imagination. James Madison extolled its transformative and signifying powers when he argued in the Federalist Papers that "the advantage of being armed" is a characteristic that "Americans possess over the...
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Immigration and Civil Rights: Is the "New" Birmingham the Same as the "Old" Birmingham?
Over the past few years, state legislatures have passed immigration enforcement laws at breakneck speed.1 As one commentator characterized it:Immigration law is undergoing an unprecedented upheaval. The states . . . have taken immigration matters into...
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Immigration Policy from Scratch: The Universal and the Unique
Immigration, as all are surely aware, is the subject of feverish debate in countries throughout the world. From traditionally high-immigration nations like the United States, Australia, Canada, and Singapore to the traditionally homogeneous, lowimmigration...
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Introduction: Noncitizen Participation in the American Polity
In 2010 there were 22.5 million noncitizens residing in the United States.1 These noncitizens accounted for 7.3% of the American population.2 Within this population there is great diversity. Some entered as lawful permanent residents, others as nonimmigrants,...
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The Transformation of Immigration Federalism
CHIEF JUSTICE ROBERTS: Before you get into what the case is about, I'd like to clear up at the outset what it's not about. No part of your argument has to do with racial or ethnic profiling, does it? I saw none ofthat in your brief.GENERAL VERRILLI:...
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Urban Politics and the Assimilation of Immigrant Voters
IntroductionIn the run-up to the contentious presidential election of 2012, the immigrant vote was once again a matter of political concern. There was growing alarm within the Republican Party that their platform on immigration alienated Latinos, the...
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Workplace Enforcement Workarounds
INTRODUCTION 549I. INTERIOR ENFORCEMENT TARGETS 553A. "Exploitative Employers " 554B. "Criminal Aliens " 557II. WORKING AROUND WORKPLACE ENFORCEMENT 561A. What Are Workarounds? 561B. Workarounds in Interior Enforcement 564C. Historical Analogues 567III....
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