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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.
On filibusters and the Senate..............
The US senate is an odd institution.
The house does the legislation. The executive executes. The courts maintain constitutional sanctity. The states already elect governors to represent them. What is the role of the Senator ? It made made some sense until the 1913 (17th amendment), when Senators were effectively subordinate (selected) to Governors. That way, state elections served as a useful way to remove both unpopular governors and senators.
An elected senate is just odd.
Most democratic nations don't have anywhere near as powerful of a Senate (or equivalent institution). The Indian Rajya-Sabha & House of Lords can only delay a bill by a short amount. A balancing counter-weight also makes sense in a parliamentary system where the executive (Prime-Minister) is selected by the house (making the house too powerful) unlike the US where the President is separately elected.
This means, in India, a person only thinks about 2 elections. Once for their state (governor, who selects senators) and once for the nation (house, which selects the executive). A British person only thinks about the Commons.
In comparison, An American must think of 4 elections. The governor, senators, house reps and the President. That's exhausting. Only takes 1 lapse, 1 midterm rando, to block legislation for the next 6 years. Doesn't the US already have enough checks-and-balances ? The house churns every 2 years. The last time someone held onto Senate+House in a midterm was in 1978.
I am just learning about the 17th amendment & the history of filibuster. so bear with me. Some wikipedia exerpts:
Appears that it made things worse than better. In an era where they were capable of pushing constitutional amendments, it's hilarious to think that they were complaining about deadlocks. Yeah buddy, try getting anything done in 2025.
Interestingly, the most important change on senate filibusters was also made in the same decade (1917). Clearly they knew filibusters were a bad idea. House filibusters were eliminated in 1842 ! Not sure why they left it half-complete in 1917.
The Senate was always meant to be a powerful counterpart to the House. It was supposed to be the "cooling saucer" that could take up long-term projects like court appointments and treaties, while more immediate concerns like the budget were left to the more representative House. It was also part of the big compromise between big states and small states as to how representation should be handled, and helped allay Southern fears that the North would come for slavery (at least for a time).
There really was quite blatant corruption before the 17th amendment, not just "corruption" in the modern sense where the government doesn't do everything an uninformed populist citizen wants, and so the populist hallucinates that "the system is broken!!!" I do fully agree that the modern Senate is too much of a vetocracy though.
Americans don't care that much about state elections of governors any more. And while that still leaves the Presidential AND House AND Senate elections, they all happen together every 2-4 years so it's not that crazy or hard to keep track of.
In 1789? Abolitionism didn't really get going until the 19th century was well on.
Not true, actually. Jefferson's "Notes on the State of Virginia" include a plan for gradual emancipation through colonization, and he was a proponent of the portions of the Northwest Ordinance barring slavery from newly-acquired US territories. Virginia was contemplating a plebiscite on emancipation in the early 1830s. If anything, support for slavery got stronger as the 19th century wore on, via what should really be a quite familiar process of reciprocal polarization between south and north. The William Lloyd Garrison radical abolitionists and Calhounian "positive good" types fed on each other to the exclusion of what had been the predominant view that slavery would eventually shrivel and die on the vine after the banning of the slave trade in 1807 (which was done at the first instant the Constitution allowed it, btw).
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