New article on the Necessary and Proper Clause available online
Randy Barnett's article on the original understanding of the Necessary and Proper Clause is available for download here.

The Necessary and Proper Clause may play a role in resolving Sabri v. United States (03-44), which I discuss here.

Send 'em to jail for undersized lobster tails.
This commentary, via SCOTUS, discusses the prudence of the effort to imprison a seafood importer for, among other crimes against humanity, placing lobster tails in plastic bags rather than cardboard boxes; and importing lobster tails that were shorter than 5.5 inches.

The case is McNab v. United States (03-622). The government's brief supporting McNab's conviction is available here.

Can there be any doubt that each day we become less free?

A New Joke

Most of us have heard the old saw that "a conservative is a liberal who has been mugged." If that is true, then a libertarian is a conservative who has been mugged by the state.

"Amnesty Trapdoor: What is the president thinking on immigration?"
John O'Sullivan has an excellent column here, answering many of the arguments in support of relaxed immigration standards.

CATO Institute Study on Immigration Reform:

Daniel Griswold has written a study on illegal immigration. In his summary, Mr. Griswold writes:

"Legalizing Mexican migration would, in one stroke, bring a huge underground market into the open. It would allow American producers in important sectors of our economy to hire the workers they need to grow. It would raise wages and working conditions for millions of low-skilled workers and spur investment in human capital. It would free resources and personnel for the war on terrorism.

"Contrary to common objections, evidence does not suggest that a properly designed system of legal Mexican migration will unleash a flood of new immigrants to the United States, hurt low-skilled Americans, burden taxpayers, create an unassimilated underclass, encourage lawbreaking, or compromise border security.

"President Bush and leaders of both parties in Congress should return to the task of turning America's dysfunctional immigration system into one that is economically rational, humane, and compatible with how Americans actually arrange their lives.

The free market argument in support of liberalizing immigration into this country is simple, namely, there is both a great demand for and great supply of low-skilled workers. The only thing preventing the intersection between this supply and demand is Congress and the President.

What bothers me about this position is that it ignores non-economic reasons for immigration restraint. My conception of the good and the just differs from what many low-wage immigrants would bring to America. Mexican immigrants vote overwhemling Democrat, according to this poll. The Democratic party supports gun control, abortion, and an unlimited federal government. Democratics also support anti-discrimination laws that chill free speech by causing people with anti-PC views from speaking out for fear of discipline, ridicule, or worse. Democrats even seek to kill speech at universities, which should be the last safe haven for free expression.

Hillary Clinton mocks Ghandi, minorities:

According to abc news, via Drudge, Hillary Clinton made this remark:
"Clinton introduced a quote from Gandhi by saying, 'He ran a gas station down in St. Louis.'"

First, we are told that minorities must receive affirmative action in order to attend the elite law schools. Then we had Howard Dean attempting to drape himself in the Confederate flag. Now we have Hillary stereoptyping gas station owners.

I have always considered the Demoractic party to be the most racist party of our two-party system. Liberal racism, though perhaps benign and paternal, is no less worthy of reproach than cross burning.

Phyllis Schlafly asks
"Were Department of Homeland Security Secretary Tom Ridge's Miami meanderings a gaffe, a trial balloon, an announcement of his department's policy, or an announcement of Bush administration policy?
We are entitled to know."