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Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts US to rest of world: Don't even think of having any international events in the US
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Wednesday, January 25, 2017
US to rest of world: Don't even think of having any international events in the US
Sandy Levinson
GIven the actions of the individual who currently occupies the White House, why would any international organization, ranging from scholarly groups to the International Olympics Committee or World Cut, conceivably wish to hold an event in the US. One presumes that it will become ever harder for anyone to get a visa to enter the US. Can anyone possibly believe, for example, that we will effectively protect ourselves against the possibility of a terorrist entering the US simply by denying entry to anyone from, say, Syria or Libya? As we get more paranoid, don't we have to worry about anyone coming from, say, Belgium, France, Germany, and the United Kingdom, as well. Shouldn't we expect anyone and everyone from those countries (and many others as well, including, say, Israel, which has generated its share of Jewish terrorists to complement the better known Arab variety) before we let them through the literal and metaphorical "walls" the present occupant is so eager to build? Perhaps we won't miss the foreign visitors. I'm no fan of the Olympics and was very happy when my sometime-quasi-home city of Boston rejected the opportunity to apply for the 2024 games. But, no doubt, others disagree and wold like to see more such international events. And, as as someone interestd in comparative constitutional law, who is planning to go to Copenhagen in July for the annual conference of such scholars, I would appreciate the 2018 conference's being held in a more convenient (for me) venue, just as the 2015 gathering was in New York. But I suspect I should get used to traveling abroad and simply hoping that none of the countries whose nationals we're going to disrespect and mistreat in the very near future will feel like reciprocating. (In this context, I recall paying handsome feels for visas to visit Brazil and Argentina solely as reciprocal responses to the extortion visited by the US on nationals of those countries who wish to visit the US, unlike (at least currently) visitors from, say, the UK.)
Comments:
I was born and grew up in Boston, attending public schools, college, law school practiced law in an office downtown, and moved to Brookline [surrounded on about three sides by Boston] after getting married to a location closer to my office than when I lived in Boston. At heart I am a Bostonian. I, too, was thankful that Boston rejected the Olympics primarily for logistical problems, in particular traffic and transportation issues. As many in MA do, I look back with pride that MA did not vote for Nixon in 1972. But if Sandy is correct regarding international events, that would be a big loss for the Boston area as well as for such events with the attributes offered in the Boston area..
Sandy: Can anyone possibly believe, for example, that we will effectively protect ourselves against the possibility of a terorrist entering the US simply by denying entry to anyone from, say, Syria or Libya?
What were the nations of origin of the vast majority of those who have committed terrorist attacks or have been convicted of planning terrorist attacks in the United States? Prophylactic bars to immigration (with case by case exceptions) from nations controlled by the enemy is historically American SOP during wartime. If FDR were president today, would he follow Trump or Obama's immigration policy? Be honest with yourself.
With the coming crackdown on immigrant work visas, looks like we'll get to see what MLB will look like without all the players from Latin America and Asia.
:Shag:
Do you ever have anything relevant and useful to contribute to any discussion? Sad old man. # posted by Blogger Bart DePalma : 10:12 PM You might be the least self aware person on the planet. Sad middle aged fuckwit.
Actually, I do recall that once or twice he's had something substantive to contribute. Maybe a 10th of a percent of the time he sets aside the cutesy names an insults, and actually has something to say. Been a while, though. But Bartbuster's record as a dedicated internet stalker is unbroken.
Anyway, on the OP, of course it's worth erecting barriers to terrorists that might theoretically be overcome with enough extra effort. On the margin it can cause the terrorists to attack someplace else. Hard on someplace else, I admit, but, hey, America first. Why is the terrorism rate so much lower in the US, than in Europe? Because Europe is easier to get to from where most of the terrorism has been originating, of course. And it's not originating in Canada. While still permitting immigration from non-terrorist states, (And I'm disappointed that Saudi Arabia managed to stay off the list, they're largely responsible for this problem.) we will have to be careful we don't allow terrorist to enter the US via a third country. But that's a lot easier task than dealing with a flow of people half of whom approve of terrorism. Sandy, your call for an international boycott of travel to the US in response to the election not going the way you wanted is just pathetic. What's next? I'm sure you'll think of something, and I'm sure it will be silly. I miss the old, sensible Sandy Levinson, before the TDS went metastatic.
I miss the old Brett who went International [in the manner of Trump?] to repair his despondency following a divorce blaming his own lawyer and leading to his trolling on legal blogs. Why, if Brett dispairs with the fascist [per SPAM] Trump, he can sail off to his spouse's Philippines for a stronger leader.
Brettbart (the really, really "unBreit") continue their tag team trolling for the benefit of Trump, America's first [America First?] PG* President. Trump got into the James Bond series with his own "To Russia With Love" presidential campaign. Trump as President then preened at his Inaugural as "Goldfinger" [with short fingers, of course, but with Pussy Galore on his team. [Hint: KC] But the Trump Administration is playing out more like "Dr. Strangelove," cheered on by Brettbart (the really, really "unBreit"). * Access Hollywood tapes [Note; Trump was an immature 60 years old at the time, under understandable strain as his spouse Melania was late in her pregnancy with their son Barron, realizing the need for a Tic Tac for his celebrity libido.]
HuffPost claims to have read a draft of the upcoming Trump order on refugees, which they summarize as follows:
Block refugee admissions from the war-torn country of Syria indefinitely. Suspend refugee admissions from all countries for 120 days. After that period, the U.S. will only accept refugees from countries jointly approved by the Department of Homeland Security, the State Department and the Director of National Intelligence. Cap total refugee admissions for fiscal year 2017 at 50,000 ― less than half of the 110,000 proposed by the Obama administration. Ban for 30 days all “immigrant and nonimmigrant” entry of individuals from countries designated in Division O, Title II, Section 203 of the 2016 consolidated appropriations act: Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen. These countries were targeted last year in restrictions on dual nationals’ and recent travelers’ participation in the visa waiver program. Suspend visa issuance to countries of “particular concern.” After 60 days, DHS, the State Department and DNI are instructed to draft a list of countries that don’t comply with requests for information. Foreign nationals from those countries will be banned from entering the U.S. Establish “safe zones to protect vulnerable Syrian populations.” The executive order tasks the secretary of defense with drafting a plan for safe zones in Syria within 90 days. This would be be an escalation of U.S. involvement in Syria and could be the first official indication of how Trump will approach the conflict there. Expedite the completion of a biometric entry-exit tracking system for all visitors to the U.S. and require in-person interviews for all individuals seeking a nonimmigrant visa. Suspend the visa interview waiver program indefinitely and review whether existing reciprocity agreements are reciprocal in practice. http://www.huffingtonpost.com/entry/read-draft-text-trump-executive-order-muslim-entry_us_5888fe00e4b0024605fd591d The only bar of entry is from Syria with an accompanying order to plan safe zones for these refugees. There is also a 30 suspension for various nations who sponsor or have active terrorist wars. None of this is controversial. I suspect these approaches would be very popular among Europeans and will likely become a campaign issues in France and Germany.
"I'm disappointed that Saudi Arabia managed to stay off the list"
A strong case could be made for the Philipinnes, which is where your wife is from, correct? If we had a policy that barred immigration from there when your wife was seeking entry imagine how that would have effected you and her.
Indeed, if there were any sign that the Philippines was actually a source of terrorists, rather than merely being beset with them, you'd have a point.
Key point here: The Philippines have a functioning legal system, if the US consulate asks for any records concerning a visa applicant, they get them, and with no particular reason to suspect they're faked. And even so, an applicant from, say, Davao, might have trouble getting a visa. Many of the countries on the terrorism watch list, such as Syria, don't even have control over their own territory, and complying with information requests on people leaving is way, way down the priorities list even when possible. Quite a different situation.
"Many of the countries on the terrorism watch list, such as Syria, don't even have control over their own territory,"
Many? So is the criteria 'control over territory' or something else? If it's something else, like having a recent history of lots of Islamic terrorism, then the Philippines should count. It's interesting how when it's your life and happiness is at issue you're motivated to much more parsing and specific.
BD: "nations controlled by the enemy"
Mr. W: What nations does "the enemy" control? In a conventional war, these would include the enemy and enemy occupied nations. In asymmetric warfare, these would include nations with substantial terrorist operations or a history of being used as terrorist travel conduits. A number of these would include our nominal allies.
"So is the criteria 'control over territory' or something else?"
We rely on authorities in the country you're coming from to supply the information necessary for vetting visa applicants. If a country is incapable of supplying such information, because the territory in which the records would be found are held by enemy forces, or would have a significant chance of being generated by enemy forces, or if it is unwilling to do the work, vetting becomes impossible, no matter who much we say we do it. The Philippines do not fall into that category, as yet. Syria certainly does.
"In a conventional war, these would include the enemy and enemy occupied nations.
In asymmetric warfare" What you're doing here, and you seem aware of it albeit a low level, is taking what might be uncontroversial practice in conventional wars and trying to shoehorn it to a very different kind of conflict. That shoehorning is full of assumptions not argued, much less shown.
" If a country is incapable of supplying such information"
Your answer shows its overinclusive. The Syrian government could supply records of Alawite Muslims that have long lived in firmly held government controlled areas.
Let's note that the policy as described and defended by Bart would have denied entry to Jews, Roma, Jehovah Witnesses, etc., fleeing Nazi Germany during WWII. It appears to doom Alawite and Sufi Muslims as well as Christians trying to flee Syria. That's the shameful stance of a nation acting out of fera rather than strength and pride in ourselves and ideals.
Mr. W: What you're doing here, and you seem aware of it albeit a low level, is taking what might be uncontroversial practice in conventional wars and trying to shoehorn it to a very different kind of conflict.
Conventional and asymmetric warfare differ in scale and tactics, but enemy forces in both levels of conflict occupy territory. Freely admitting people from such territory is brain dead bordering on insanity. BD: Prophylactic bars to immigration (with case by case exceptions) from nations controlled by the enemy is historically American SOP during wartime. Mr. W: Let's note that the policy as described and defended by Bart would have denied entry to Jews, Roma, Jehovah Witnesses, etc., fleeing Nazi Germany during WWII. It appears to doom Alawite and Sufi Muslims as well as Christians trying to flee Syria. Once again, you do not understand the plain English language of or are willfully misrepresenting what I post. During wartime, Americans have made exceptions for refugees fleeing enemy persecution. The execution of this exception was imperfect to be sure (See the SS St Louis during WWII), but it existed. We had a lengthy discussion some weeks ago where you criticized my proposal to allow the Jews and Christians persecuted by Muslim nations and terrorist caliphates to enter the United States as refugees.
Asymmetric warfare differs from conventional in many ways that may practices appropriate to respond to the latter may not be the former. Here, 'holding territory' is very different from an asymmetric force compared to a conventional one, the former's 'control' is usually more tenuous, irregular, of a different nature. Note that our asymmetric foes hold relatively little territory, and that's little related to their threat.
And your citation of 'case by case' exceptions wouldn't have helped the poor people of the St.Louis, who were generally persecuted, just like refugees from the areas you want to bar (unless, of course, they're from a group you tribally connect with-so much for 'case by case' as you shift your principles to fit your prejudices). Everyone is for letting yesterday's St Louis dock...
Seriously, how would either Bart or Brett's proposed plans offer any hope to the Jewish refugees of the St. Louis?
Brett says he'll rely on whether the government of the country the refugee is fleeing can provide adequate records vetting them. So would the Jews of the St. Louis have their fate depend on the Nazi government providing us with that? Bart's plan is that everyone under enemy control gets barred. The Jews of the St. Louis were under Nazi controlled areas (that's why they fled!). And how does 'case by case' exceptions help? The Jews of the St. Louis were generally fearful of their lives because the Nazis targeted Jews in general. Likewise, Alawite, Sufi, Shiite Muslims are fleeing the areas that Bart, Brett and Trump would bar refugees because ISIS related forces are generally killing Alawite, Sufi and Shiite Muslims. To reject them as you loudly claim you would have allowed those on the St. Louis is to place tribalism and/or a need to avoid the embarrassment of history's lessons over anything resembling principle as I can see.
Mr. W: Asymmetric warfare differs from conventional in many ways that may practices appropriate to respond to the latter may not be the former. Here, 'holding territory' is very different from an asymmetric force compared to a conventional one, the former's 'control' is usually more tenuous, irregular, of a different nature. Note that our asymmetric foes hold relatively little territory, and that's little related to their threat.
The primary difference for our purposes in determining who to allow into the United States is that terrorists generally pose a civilians. How and to what extent they control territory in the source nation is irrelevant. Bart's plan is that everyone under enemy control gets barred. The Jews of the St. Louis were under Nazi controlled areas (that's why they fled!). And how does 'case by case' exceptions help? By definition, case by case exceptions does not mean that "everyone under enemy control gets barred." And your citation of 'case by case' exceptions wouldn't have helped the poor people of the St.Louis, who were generally persecuted, just like refugees from the areas you want to bar... Actually, Jews fleeing Nazi Europe posed almost no practical enemy identification problem because Nazis did not pose as Jews. Likewise, Jews and Christians fleeing today's Islamic genocide pose almost no practical enemy identification problem because Muslim terrorists do not pose as Jews and Christians. Where we have an enemy identification problem is admitting Muslims from terrorist nations in which Muslim terrorists generally pose as civilians.
"My boy, we are pilgrims in an unholy land."
- Professor Henry Jones Nah. We are living in it. Just seems a bit more unholy lately.
Mr. W, In the early 1920s US immigration laws were changed to severely limit the admission of refugees from certain areas.
A recent book addressed efforts to deport some of the poor and uneducated in America in the 19th century by various states aime at the Irish whom came here as a result of the famine in Ireland. Turning back Jews from Germany in the 1930s was part of the then America First movement. Go back to the first arrivals way back when, people who had been persecuted for religious beliefs. Some of them challenged subsequent groups on religious grounds. Why some ethnic groups that came here and were not treated fairly were opposed to new arrivals of their own ethnicity. America's history has had some common threads going back to the early 1600s on treatment of the "Other." That's what Trump is trying to do now. We learned as children about the Statue of Liberty and Ellis Island and the values they offered. Sometimes those values are forgotten. When things don't go as planned, balme the "Other." But for those values, how can America be great?
you said the SOP was to bar entry to those in enemy controlled territory but with case by case exceptions. So which is going to save the St. Louis Jews, Bart? Or are you, ever Proteus, changing your proposed principle to something based on identification error troubles?
And, Can you site an example of a Sunni Muslim terrorist that posed as Alawite, Sufi or Shiite Muslim? If not, then there goes your distinction there, such that it is.
Bart: "Conventional and asymmetric warfare differ in scale and tactics, but enemy forces in both levels of conflict occupy territory."
Bart: "How and to what extent they control territory in the source nation is irrelevant."
"Turning back Jews from Germany in the 1930s was part of the then America First movement."
Good point Shag. It's easy with historical hindsight to see the St. Louis travesty for what it was. Jews are no longer the Other for the Right, so they'd like to ignore the historical embarrassment of being on the wrong side of history on that. But I don't want to be on the right side of history fifty years after the fact, but today. I don't see any distinction between the Jew fleeing the general persecution of Nazi controlled Germany and the Alawite or Sufi Muslim fleeing the general persecution of Alawites and Sufi's by ISIS. At least no distinction that's not morally odious...
Mr. W: you said the SOP was to bar entry to those in enemy controlled territory but with case by case exceptions. So which is going to save the St. Louis Jews, Bart?
Ummm, the case by case exceptions? Is this really that hard to understand? Or are you, ever Proteus, changing your proposed principle to something based on identification error troubles? The relative ease in in distinguishing Christians and Jews from Islamic terrorists is the reason for the exception. And, Can you site an example of a Sunni Muslim terrorist that posed as Alawite, Sufi or Shiite Muslim? If not, then there goes your distinction there, such that it is. The Islamic fascist movement includes folks from all the branches of Islam. Bart: "Conventional and asymmetric warfare differ in scale and tactics, but enemy forces in both levels of conflict occupy territory." Bart: "How and to what extent they control territory in the source nation is irrelevant." Allow me to draw this out in crayon for you. ISIS operates in Syria regardless of whether it controls just the city of Palmyra or the entire national territory. ISIS terrorists can join the refugee flow from Syria regardless of what parts of Syria ISIS controls. It's easy with historical hindsight to see the St. Louis travesty for what it was. Jews are no longer the Other for the Right, so they'd like to ignore the historical embarrassment of being on the wrong side of history on that. The Right? :::shakes head::: Try again, hero. In 1939, FDR refused the Jews on the St. Louis entry into the United States after they telegraphed him personally begging for sanctuary. That progressive icon was afraid of losing votes in the 1940 election if he showed them any mercy. The Democrat Congress refused to vote on a bipartisan sponsored bill allowing these men and women sanctuary. https://www.ushmm.org/wlc/en/article.php?ModuleId=10005267 You on the Left completely own this morally odious act like you do the later internment of Japanese Americans.
"Seriously, how would either Bart or Brett's proposed plans offer any hope to the Jewish refugees of the St. Louis?"
Wake me when a ship full of Syrian Christians arrives. Today the more likely scenario is that a ship of mixed refugees leaves, and halfway through the voyage the Christians are thrown overboard. (No Jews get thrown overboard because the genocide of Jews in Syria is essentially complete, nobody left to flee.) Last week's refugee policy was to admit blond, blue eyes Aryans fleeing WWII, while turning back the Jews. That's how bad it was.
Brett, how do you imagine your post is relevant to what we're talking about? Maybe speak to the point: the difference between the Jews fleeing general persecution from the Nazis and Alawite or Sufi Muslims fleeing general persecution from ISIL.
One learns to cringe a little before deciding to actually click on a source Brett supplies, because what he takes from it is usually so bizarre and tortured.
Here Brett links to a story about an altercation off the coast of Italy where some Sunni Muslims migrants from North Africa threw some Christians from North Africa over a boat. So Brett thinks an article about bad behavior by Sunni North African Muslims fleeing North Africa is dispositive about what to do about Alawite and Sufi Muslims fleeing Sunni Muslim terrorism in Syria. It's like saying because Nigerian Catholics did something bad we should let Serbian Orthodox Christians into the U.S.. Tells one a lot about how Brett and his ilk think about these issues.
You're invoking 'case by case exceptions' to cover entire groups like Jews and Christians, you really can't see how laughable that is?
And you argue that this 'case by case general exception' is based on the ease of differentiating Jews and Christians from ISIL terrorists because there's no evidence of terrorists posing as Jews or Christians to gain entry. Yet you cannot produce any evidence of ISIL terrorists posing as Alawite or Sufi Muslims either. So you've no basis or principle for excluding them. At least none that's not a morally odious one. Your attempt to pin on 'the Left' the St. Louis affair because FDR bowed to the American First sentiment strongest on the Right is typically obtuse. It's like saying the firing of Jocelyn Elders came from 'the Left.' Here and now we have the equivalent of the St. Louis, entire groups of refugees fleeing general persecution. And which side is trying to keep them from docking is plain for all to see.
Mr. W: You're invoking 'case by case exceptions' to cover entire groups like Jews and Christians, you really can't see how laughable that is?
Refugees are vetted individually. Case by case. Get it? Your attempt to pin on 'the Left' the St. Louis affair because FDR bowed to the American First sentiment strongest on the Right is typically obtuse.. Please. By 1939, the progressive Democrats ran every branch of the federal government and a majority of the electorate were Democrats. FDR and his Democrat Congress and no one else turned the Jewish refugees away.
"Refugees are vetted individually. Case by case. Get it?"
And so plans to grant access or deny access to entire groups, as Trump, Brett and yourself have argued, doesn't fit in with that. Christian, Jew, Alawite, Sufi, whatever, denial or access should be based on individual circumstances. That's the point. " FDR and his Democrat Congress and no one else turned the Jewish refugees away. " Just like Clinton fired Elders. But how obtuse to say Elders was fired because 'the Left' opposed her.
Bart: "my proposal to allow the Jews and Christians"
Bart: "Refugees are vetted individually. Case by case"
It's case by case exceptions which apply generally to the groups Jews and Christians but generally not to the group Muslims.
Alternative facts and understandings I guess!
"the difference between the Jews fleeing general persecution from the Nazis"
Good lord, you actually wrote that?
Yes I did Brett. What, do want to argue that an Alawite or Sufi Muslim facing torture and death from ISIL is somehow worth less concern than a Jew facing torture and death from the Nazis?
Mr. W: Bart, 'case by case exceptions' applying generally to groups is laughingly beyond Orwellian.
You mean like FDR and Truman's case by case screening of Jewish refugees from Nazi Europe? https://www.ushmm.org/wlc/en/article.php?ModuleId=10007094 Give it up, dude.
And now you're pointing to the guy who turned around the St. Louis?
Like Carmen San Diego you're all over the place.
Mr. W:
I do not know why I bother, but one last time... How do you determine if an individual belongs to a group allowed entry into the United States unless you individually screen them?
On the international front, it might be helpful if countries sent the new powers that be a video introducing their country. The Netherlands helpfully provides an example:
https://youtu.be/ELD2AwFN9Nc
Lol, are you saying the 'case by case' vetting would have been to be whether the people on the St Loius were Jews or that a Syian refugee is a Christian?
Do you not get that that is a policy of *general* admittance of some groups and denial of others (all shown to be Christians and Jews let in, others not) and what you're calling 'case by case exceptions' is vetting eligibility for the group policy? Holy crap.
"Holy Crap"
Brett linked to something from years ago recently and three people here were among those who commented. So, you know, we are familiar with the sort of thing people say around here. Used to the general trend. The true "holy crap" is they invaded the asylum, so to speak.
The defenses of the refugee "policy" are particularly unprincipled because the list of countries (a) omits the homeland of the 9/11 attackers; and (b) omits any Muslim country where Trump does business.
BD: How do you determine if an individual belongs to a group allowed entry into the United States unless you individually screen them?
Mr. W: Lol, are you saying the 'case by case' vetting would have been to be whether the people on the St Loius were Jews or that a Syian refugee is a Christian? Really, really. People do not come with bar codes on their foreheads with all the relevant information. You actually have to speak with them individually, case by case. what you're calling 'case by case exceptions' is vetting eligibility for the group policy? I think you are actually beginning to get it! https://youtu.be/IUZEtVbJT5c
Bart, when normal people use the English language 'case by case exceptions' means individual cases treated differently than the general policy because of specially shown circumstances. Your using the term to mean 'all of group X and Y get A treatment, none of group B and C do, but we have to look at each person to know which group they're in!' Lewis Carrol on drugs couldn't think up such nonsense.
"(b) omits any Muslim country where Trump does business."
"No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state."
Think of it this way, in many government programs some group of persons with certain general characteristics in common (like, having an income below a certain threshold) can receive the benefit while those outside the group cannot. But of course you have to establish whether any given potential recipient falls into the first group. But no normal use of English would say the program is administered 'case by case.'
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Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |