May 19, 2006
Discretion in Public Administration
Anatole France said "the law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to steal bread, and to beg in the streets." If anyone is wondering why it's important for bureaucrats to have discretion and scope for judgment, and why trying to constrain them as completely as possible with mechanistic, detailed rules and regulations is a losing proposition, consider this heartbreaker. Let's see, one amendment specifying that "this and that provision shall not apply to the widow of any person who died attempting to save the life of two or more persons under the age of...."
I don't think so. Someone has to have the unilateral authority to do the right thing, and say why.
Are we to think that this situation is relatively common?
If it isn't, then what's wrong with the private bill solution? I'd be disappointed if there were anything other than support for a private bill to make her a citizen (or at least to provide her legal residency).
Posted by: Thomas at May 19, 2006 12:52 PMI don't see why Congress is the right place for decisions of this kind. This situation is not only not common, it's unique; that's why no set of rules could cover it. But many, many unique and unpredictable situations arise in implementing something like immigration law, and executive branch officials are the people who should be able to dispose of them as they come up.
Posted by: Michael O'Hare at May 19, 2006 01:46 PMThe other way sensible bureaucrats deal with this sort of case is by applying Talleyrand's maxim "surtout, pas trop de zèle". I'm sure that many Jews who survived in Nazi-occupied Europe owed their lives to simple foot-dragging by sympathetic petty officials. Capitaine Reynaud of "Casablanca" is the model. It's not difficult and you rarely risk your job, just your prospects.
Posted by: James Wimberley at May 20, 2006 06:21 AMMichael, I'll leave the debate over the sole judge/absolute monarchy stuff to you and Mark.
Posted by: Thomas at May 20, 2006 08:02 AMYou policy wonks don't get it.
We have to deport the productive and educated legal immigrants who make minor errors in filing forms. Otherwise we wouldn't have room for all the illegal aliens who run the borders to do all the jobs that citizens won't do.
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