Fear of Difference is Opposition to Democracy

The United States of America is a nation of immigrants. It is a nation that has wrestled with vicious undercurrents of racism and xenophobia, and has emerged ever more democratic, generally trending toward a more perfect union representing the foundational ideals that were, in the 18th century, so far out of reach, but so necessary as core aspirations. And over time, it is a nation that has become richer, stronger and more democratic, by getting closer to those foundational ideals.

In advocating for the most effective way to form a new democratic nation in Argentina, Juan Bautista Alberdi wrote that Argentina should follow the example of the United States and encourage major waves of immigration, because the resulting society, with a large population, with diverse backgrounds and a commitment to building something new, will make for a more sustainable and democratic republic.

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Arizona Immigrant ID Law Ignores Constitutional Protections

The governor of Arizona has signed into law a measure that would allow police to demand proof of legal residency in cases where they believe an individual might be an undocumented immigrant. The same law would also require people to carry proof of legal residency. It is unclear how the law would be enforced without racial profiling and whether or not US citizens would be subject to legal penalties if caught not carrying proof of citizenship.

The law ignores the Constitutional ban on “unreasonable search” and protecting personal documents. It also seeks to establish state-level control over an area of law that is the domain of the federal government. There is, for instance, no Arizona customs service or national border service. The border is a federal category, and immigration is controlled, by law, by various federal agencies and the jurisprudence of federal law. There is language in the law that is reportedly designed to prevent the federal government from interfering with state enforcement.

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Empathy is Not Prejudice

EMPATHY IS NOT PREJUDICE: it is the ability to imagine the point of view of the other. Without this ability to engage in thoughtful outreach, beyond one’s own personal realm of experience, and empathize with the human situation of the other, no jurist can begin to understand the human meaning of the arguments made in their court, and objectivity remains wholly beyond their reach. Empathy is not sympathy.

Sympathy means feeling what the other feels, experiencing grief at the other’s grief, loyalty in kind with the other’s loyalties, taking sides; empathy is the ability to comprehend the meaning of another’s experiences, and does not entail adopting or sharing the other’s views. Empathy for a judge means the ability to see how both parties arguing before a court could arrive there based on legitimate human experiences and assertions about the protections and provisions of the law.

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