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Immigration Law Commons

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Full-Text Articles in Immigration Law

What's At Stake?: Bluman V. Federal Election Commission And The Incompatibility Of The Stake-Based Immigration Plenary Power And Freedom Of Speech, Alyssa Markenson Mar 2015

What's At Stake?: Bluman V. Federal Election Commission And The Incompatibility Of The Stake-Based Immigration Plenary Power And Freedom Of Speech, Alyssa Markenson

Northwestern University Law Review

Section 441e of the U.S. Code prohibits “foreign nationals”—all noncitizens except lawful permanent residents—from making any contribution or expenditure in any federal, state, or local election. In Bluman v. Federal Election Commission, the Supreme Court summarily affirmed a three-judge district court’s decision to uphold the law based on the government’s compelling interest in preventing foreign influence over U.S. elections. Notably, Bluman’s holding was animated by its reasoning that the extent of First Amendment protection should be directly tied to the aliens’ stake in American society—a reflection of the Supreme Court’s jurisprudence since the middle of the twentieth century that seeks …


Urban Politics And The Assimilation Of Immigrant Voters, Rick Su Dec 2012

Urban Politics And The Assimilation Of Immigrant Voters, Rick Su

William & Mary Bill of Rights Journal

No abstract provided.


Latino Voters 2012 And Beyond: Will The Fastest Growing And Evolving Electoral Group Shape U.S. Politics?, Sylvia R. Lazos Jan 2012

Latino Voters 2012 And Beyond: Will The Fastest Growing And Evolving Electoral Group Shape U.S. Politics?, Sylvia R. Lazos

Scholarly Works

The author reviews two recent books, Marisa A. Abrajano’s Campaigning to the New American Electorate: Advertising to Latino Voters (2010) and Marisa A. Abrajano’s and R. Michael Alvarez’s New Faces New Voices: The Hispanic Electorate in America (2010). These books are part of a growing literature that scientifically studies the evolving Latino electorate, and attempts to answer difficult questions about this ethnic group’s electorate cohesiveness and how candidates might be able to influence the Latino electorate. A careful read of Abrajano’s recent books brings additional understanding to Latino voter behavior, and by implication, how this key group will influence the …


The Size Of A Government Body Is Not Subject To A Vote Dilution Challenge Under Section 2 Of The Voting Rights Act Of 1965., Peter J. Beverage Jan 1995

The Size Of A Government Body Is Not Subject To A Vote Dilution Challenge Under Section 2 Of The Voting Rights Act Of 1965., Peter J. Beverage

St. Mary's Law Journal

In Holder v. Hall, the Court held the size of a government body is not subject to a vote dilution challenge under Section 2 of the Voting Rights Act of 1965. The Act consists of two primary components, Sections 2 and 5, designed to eliminate and prevent subtle voting practices and procedures utilized to obstruct minority voter participation. Section 5 requires states with a history of discriminatory voting practices to obtain federal preclearance before changing a voting standard, practice, or procedure. Section 2 addresses the existing methods utilized to deny or abridge a citizen’s right to vote.  In Holder, the …


Enactments Altering Or Reallocating Elected Officials' Powers Do Not Directly Relate To Or Affect Voting And Are Therefore Not Subject To Judicial Or Administrative Preclearance Under Section 5 Of The Voting Rights Act Of 1965., Sharon N. Humble Jan 1993

Enactments Altering Or Reallocating Elected Officials' Powers Do Not Directly Relate To Or Affect Voting And Are Therefore Not Subject To Judicial Or Administrative Preclearance Under Section 5 Of The Voting Rights Act Of 1965., Sharon N. Humble

St. Mary's Law Journal

In Presley v. Etowah County Comm’n, the Court held enactments altering or reallocating elected officials’ powers do not directly relate to or affect voting. Therefore, not subject to judicial or administrative preclearance under Section 5 of the Voting Rights Act of 1965. However, the Court’s holding in Presley, that the changes at issue must directly relate to voting, contradicts the Court’s earlier holdings that indirect or minor changes affecting voting must meet Section 5 preclearance requirements. In Presley, the Court limited the coverage of Section 5 by holding that enactments reallocating elected officials’ decision-making authority do not require judicial or …


Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack Jan 1993

Congressional Reform: Can Term Limitations Close The Door On Political Careerism., Julia C. Wommack

St. Mary's Law Journal

Addressing Congressional woes requires reform. Entrenched incumbency is a detriment to the legislative system. Although the enactment of initiatives restricting Congressional terms limits signal voters agree, better alternatives exist. The only prerequisites found in the Constitution for serving in Congress are age, residency, and citizenship. While the twenty-second amendment proscribes the presidential office limit maximum as two terms, no such limitations exist for a congressman or congresswoman. Sitting incumbents have substantial advantages over their challengers. Incumbents success ratio exceeds 80% in Senate races and is approximately 90% for elections in the House of Representatives. Congressional term limitations attempt to eliminate …