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About a year ago I made a post (with motte discussion here) about an immigration reform bill that would have handed Republicans a major victory on the issue with the most conservative comprehensive reform in a generation. Dems would have agreed to the bill since Biden's whoopsie defacto-open-borders made the issue a huge liability for them. Trump tanked it for purely cynical reasons, and the discussion hinged on whether the legislation was somehow a "trap" since Dems were agreeing to it, and whether Republicans should risk getting nothing if they lost in 2024. I contended that Republicans should take the deal and then maybe do additional legislation that was even more stringent if they won, that way they'd have something even if they lost, which was about at a 50% chance on betting markets at the time. But MAGA and Trump won out, going all-in on the double-or-nothing strategy.
In a sense that bet paid off, since Trump won and got a trifecta! There's just one little problem: he's not actually trying to pass any comprehensive enduring immigration legislation. There was the Laken Riley act, but it's quite small in scope. Overall, it's back to his first term tactics of mangling the interpretation of laws through executive orders, and hoping the courts don't stop him. It's likely to be about as successful as it was in his first term. Why do it this way? Why not just ask Congress to give you the powers to do what you want so you don't have to gamble on the courts? Matt Yglesias has a potential explanation in his mailbag post
So MAGA as a political movement has a better chance to change immigration than Republicans have probably ever had, and they're pissing it away with Trump cultism. They'll try to hide behind excuses like the filibuster, which could be ended with 50 votes in the Senate, and Republicans have 53 right now. Alternatively they'll try to hide behind political nihilism and say that passing laws doesn't matter since Dems could just ignore anything they pass -- this is wrong because the laws could help Trump (or other Republicans in the future) do things while there's a friendly president in power, and they could do a variety of things to try to force the Dem's hand when out of power like writing hard "shall" mandates in laws, giving Republican governors or even private citizens the standing to sue for non-enforcement, attach automatic penalties like sequestration-style clawbacks if removal numbers fall below some statutory floor, add 287(g) agreements with states giving local officers INA arrest authority, create independent enforcement boards, etc. None of these are silver bullets obviously since Dems would always be free to repeal any such laws (there are no permanent solutions in a Democracy, just ask Southern Slavers how the Gag Rule went), but that would cost them political capital or otherwise force them to try gambling with the courts if they tried to circumvent things by executive fiat.
But doing any of this would require telling Trump he needs to actually do specific things, and potentially punish him in some way if he fails to enact an ideological agenda he (vaguely) promised. That's very unlikely to happen.
The proposed deal would have allowed in thousands of migrants a day, over a million a year, iirc.
I covered that in my post that I linked. The notion that the bill was "open borders up to 5000 migrants per day" was just egregiously false.
Yeah it was actually open borders all the time forever with no limits, because it would have handed 100% of the control of the border to a small cult of DC activist judges.
This wasn't true to any serious extent, other than how laws are always interpreted by the judicial system
How many illegals are here?
How did they get here?
Given that they are in fact illegal, how and why did existing laws and enforcement mechanisms fail to keep them out or remove them once they were in?
Why were these failures not anticipated when the laws were written? Should they have been?
If many previous laws did not work, why should we believe that passing additional laws would change things?
To what extent are these failures the result of willful policy? How would the new laws prevent such policies?
The last major legislation was in 1986, and it was a mess of compromise and had some incoherencies that would later become evident. Add those issues on top of being 40 years old, and yeah, I'd say it's hardly a surprise things aren't exactly in the best shape today.
The reform bill in 2024 would have gone a long way to fixing it. With that dead, Republicans could have (or could still do, I guess) their own party-line bill now that could fix a lot of the issues.
Is there something specific you're looking for? I'm not sure how much of what you wrote were genuine questions, or whether they were just gesturing at political nihilism and implying that since we didn't get it perfect 40 years ago then there'd be no point in doing anything ever.
The last really significant federal gun control legislation was also in the 1980s, IIRC. This does not appear to have impeded enforcement of those laws when the Federal Government considered such enforcement desirable, despite similar "compromises" and "incoherencies". We also see very inconsistent and lackadaisical enforcement of these laws in a large majority of cases, the straw purchase prohibitions being a particularly egregious example, but it really does seem to me in these cases that the problem exists between chair and keyboard, not within the text of the laws. We also have examples, several of which @gattsuru has laid out at some length here, of how legislation Blues find inconvenient is simply ignored; the Protection of Lawful Commerce in Arms Act is my preferred example, but it seems to me that there are plenty of others.
It seems to me that political nihilism is spreading because it offers superior predictive value to the process-is-legitimate frame you prefer. If you disagree, I think it behooves you to engage on the details, rather than simply arguing by assertion. We can directly observe that the Feds and the courts routinely decline to enforce laws they don't want to enforce and have been doing so for decades, and often enforce "interpretations" of laws that do exist that converge on simply making shit up. We can directly observe that even repeated Supreme Court "victories" on specific questions of law change nothing, and we can infer that the Supreme Court backs down when faced with sufficient resistance from the states and executive.
How? What is the core of the problem? Is it that laws say "may" rather than "shall"? Where can we see this actually making a difference in this or other issues of public policy? Why did they write the law so poorly, and why should we be confident that a new law would be written better? Because the nihilist argument is that ten years from now, whoopsy-daisy, it turns out this new law also had "compromises" and "inconsistencies" that, gosh darn it, mean we have to let in another twenty million illegals wouldn't you know it shucks howdy.
I'm looking for anything specific. I'm looking for a nuts-and-bolts argument about why the process you're pointing to actually matters, preferably with examples of it mattering in a way that resulted in durable facts-on-the-ground wins for my tribe, because the alternative is that we are being invited to accept paper "wins" that will turn out to not actually be wins when it's too late to do anything about it. I think our interests are better served by taking a blowtorch to the legitimacy of our "shared" political institutions, rather than trying to reform them. I'm open to arguments that I'm wrong, but it seems to me that table-stakes for such an argument is some actual examples of my side winning through the "legitimate" process. Otherwise, if your argument is that every law my side writes just turns out to not be written properly to give us what we want, and every law the other side rights is unquestionably perfect and does even more than they claimed it'd do when they wrote it, that seems odd to me.
You're running out of trust. The institutions run on trust. If one person doesn't trust the system, that person has a problem. If a hundred million people don't trust the system, the system has a problem. It's pretty clear to me that at this point, the system has a problem. You may think that's stupid and unfair, but at some point you have to engage with the realities of the situation.
To add on to this, it seems obvious to me that Trump is focusing on the march through the institutions. He doesn't care about legislation because he's operating under an older theory of power: removing his opponents from positions of power and installing allies in their places.
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