The Volokh Conspiracy

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My new article on "Immigration, Freedom, and the Constitution"


Statue of Liberty seen from the Circle Line ferry, Manhattan, New York.

My new article "Freedom, Immigration, and the Constitution" is now available on SSRN. It is based on a short presentation I gave at the 2016 Federalist Society Student National Convention. Here is the abstract:

In recent years, many conservatives have come to favor a highly restrictionist approach to immigration policy. But that position is in conflict with their own professed commitment to principles such as free markets, liberty, colorblindness, and enforcing constitutional limits on the power of the federal government. These values ultimately all support a strong presumption in favor of free migration.

I am working on a far more in-depth and detailed article on the constitutional questions briefly summarized in this piece. I dealt with some related issues in here, here, and here. I am also in the process of writing a book that will expand on the moral and policy issues raised by both immigration and domestic "foot voting." It is tentatively entitled "Free to Move: Foot Voting and Political Freedom."