Author: DeMecia Wooten-Irizarry

  • The Tyranny of the Profiteering Elites: From the Myth of Race to Modern Policy

    The Tyranny of the Profiteering Elites: From the Myth of Race to Modern Policy

    The history of racial oppression is not a story of misunderstanding or ignorance—it is a story of deliberate invention and manipulation by profiteering elites. From the 15th‑century Portuguese aristocrats who pioneered the transatlantic slave trade, to the colonial elites of Virginia who invented “whiteness” to divide workers, to modern policymakers who deploy racial tropes in seemingly neutral policies, elites have consistently orchestrated systems of division to secure wealth and power.

    The Portuguese Aristocracy and the Birth of Racial Slavery

    In the early 1400s, Portuguese aristocrats sought profit through exploration and conquest along the West African coast. Chroniclers such as Gomes Eanes de Zurara recorded the first slave raids in 1441, when captains captured Africans for sale in Portugal (Lowcountry Digital History Initiative, n.d.). Papal bulls issued in 1452 and 1455 by Pope Nicholas V granted Portugal the right to enslave non‑Christians, embedding the idea that African identity itself justified enslavement (Romanus Pontifex, 1455/2023).

    This was not a discovery of racial difference but the orchestration of a myth: that Blackness equaled enslavement. Portuguese elites profited immensely, and in doing so, they laid the foundation for a global racial hierarchy (Caldeira, 2024).

    What makes this construction even more insidious is what modern science has revealed: 99.9% of human genes are the same across all populations. The biological differences elites claimed as justification for enslavement and exploitation were never real—they were manufactured lies, disproven by genetics centuries later.

    The Invention of Whiteness and the Persistence of Hierarchies

    By the late 17th century, elites in Virginia faced a crisis when Bacon’s Rebellion (1676) revealed the potential for solidarity between enslaved Africans and European indentured servants. Terrified of unified resistance, colonial lawmakers deliberately constructed the category of “whiteness.” By granting poor Europeans limited privileges while permanently enslaving Africans, elites created a false sense of superiority that fractured solidarity (Berlin, 1998; Facing History, 2016).

    Yet even within this framework, not all Europeans were immediately embraced as “white.” Irish and later Eastern European immigrants, including Russians, were often excluded from full membership in whiteness. They were depicted as inferior, criminal, or incapable of self‑government—rationalizations elites used to justify their exploitation as cheap labor (Ignatiev, 1995). Over time, however, these groups were gradually folded into whiteness, not because of any change in biology, but because elites recognized the utility of expanding the category to shore up racial hierarchies against Black and Indigenous people.

    This entitlement of white citizenry—constructed from the beginning as a political tool—has remained central to the maintenance of elite power. In the modern United States, it is reinforced through conspiracy theories like the so‑called “Great Replacement.” Originating in Europe but embraced by white nationalists in the U.S., replacement theory falsely claims that elites are conspiring to “replace” white citizens with immigrants and people of color (The Conversation, 2024; Encyclopaedia Britannica, 2025). At rallies such as Charlottesville in 2017, chants of “You will not replace us” revealed how deeply this myth resonates with those who see whiteness as an entitlement to dominance.

    That fearmongering collapses under the weight of genetic truth: if 99.9% of our DNA is shared, then the divisions elites insist upon are political fictions, not biological facts.

    From Overt Hierarchies to Subtle Tropes and Coded Policies

    As centuries passed, the strategies of profiteering elites evolved. Where once they relied on explicit racial categories, they now deploy subtler tools: racial tropes and “race‑neutral” policies that produce racialized outcomes. Terms like “inner city,” “welfare dependency,” “illegal alien,” or “gang violence” appear neutral but function as proxies for communities of color (Pfeiffer & Hu, 2022). These tropes allow elites to frame people of color as pathological while justifying punitive interventions.

    The “War on Drugs,” for example, was framed as a universal fight against crime but disproportionately targeted Black and Latino communities through mandatory minimums and aggressive policing (Alexander, 2010). Housing debates invoke fears of “declining property values” to mask racial exclusion. Immigration enforcement provides another clear case: critics have documented how ICE raids overwhelmingly target Black and Brown migrants, while white/European immigrant communities—such as Irish in Boston or Russian in Brighton Beach—are rarely subjected to the same large‑scale raids, reflecting selective enforcement aligned with expanded boundaries of whiteness (NewsOne, 2025). At the same time, litigation has shown ICE’s inconsistent treatment of Russian‑speaking asylum seekers—what attorneys termed a “Russian Detention & Deterrence Scheme”—underscoring the arbitrariness of enforcement within broader patterns that still disproportionately criminalize migrants of color (Louisiana Illuminator, 2025).

    In this way, the racial hierarchies first codified in colonial law and later reinforced through white entitlement and replacement theory are now sustained through the quieter language of policy and bureaucracy. The vocabulary has changed, but the underlying tyranny remains.

    Continuity of Tyranny

    From the Portuguese aristocrats who orchestrated the myth of race, to the colonial elites who invented whiteness, to modern policymakers who weaponize racial tropes, the pattern is clear: profiteering elites manufacture division to maintain control. Race was never a biological truth—it was a political invention. And while the methods have shifted from papal decrees to coded laws, from slave patrols to mass incarceration, the purpose has remained constant: to fracture solidarity and preserve elite power.

    The fact that 99.9% of our genes are the same is not just a scientific finding—it is a moral indictment. It exposes the fraud at the heart of racial hierarchy and underscores that the divisions we live under were engineered, not natural.

    Call to Action: Reclaiming Truth, Rebuilding Solidarity

    If elites could invent race to divide, then communities can dismantle it to unite. The lesson of history is not despair but clarity: oppression is engineered, which means it can be undone.

    • Expose the lies: Teach and repeat the truth that race is not biological but political, and that 99.9% of our DNA is shared.

    • Challenge coded policies: Demand accountability for laws and enforcement practices that disproportionately target communities of color while shielding white immigrant groups.

    • Rebuild solidarity: Just as elites fractured alliances between Africans and indentured Europeans in the 1600s, today’s movements must rebuild multiracial coalitions that refuse to be divided by fearmongering.

    • Reclaim science: Insist that knowledge and discovery serve people and planet, not profiteering elites. Science must be a tool of liberation, not domination.

    The tyranny of profiteering elites has endured for centuries because it thrives on division. The antidote is solidarity rooted in truth. If 99.9% of our genes are the same, then the struggle for justice is not about erasing difference but about refusing to let false hierarchies define our future.

    References

    Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. The New Press.

    Berlin, I. (1998). Many thousands gone: The first two centuries of slavery in North America. Harvard University Press.

    Caldeira, A. (2024). Portuguese slave trade. In Oxford Research Encyclopedia of African History. Oxford University Press. https://doi.org/10.1093/acrefore/9780190277734.013.903

    Encyclopaedia Britannica. (2025, August 23). Replacement theory. https://www.britannica.com/topic/replacement-theory

    Facing History. (2016). Bacon’s Rebellion: Inventing black and white. Facing History and Ourselves. https://www.facinghistory.org/resource-library/inventing-black-white

    Fortner, M. J., & Scanlon, C. (2023). Crime, the dangers of racial tropes, and the limits of racial metaphors. Logos Journal. https://logosjournal.com/article/crime-the-dangers-of-racial-tropes-and-the-limits-of-racial-metaphors/

    Ignatiev, N. (1995). How the Irish became white. Routledge.

    Louisiana Illuminator. (2025, February 7). Immigrants sue ICE over alleged ‘Russian Detention & Deterrence Scheme’. https://lailluminator.com/2025/02/07/ice-russia/

    Lowcountry Digital History Initiative. (n.d.). Pope Nicolas V and the Portuguese slave trade. College of Charleston. https://ldhi.library.cofc.edu/exhibits/show/african_laborers_for_a_new_emp/pope_nicolas_v_and_the_portugu

    NewsOne. (2025, January 27). ‘Racist’ ICE raids ignore European, white migrants, critics say. https://newsone.com/5886540/ice-raids-white-undocumented-immigrants/

    Pfeiffer, D., & Hu, X. (2022). Racial code words: A technology of racialization and racism. American Association of Law Schools. https://am.aals.org/wp-content/uploads/sites/4/2023/01/pfeiffer_and_hu__racial_code_words_221

  • Truth Doesn’t Bend to Outrage: A Ledger of Leadership and Harm

    Truth Doesn’t Bend to Outrage: A Ledger of Leadership and Harm

     When people are “done with history” are not calls for balance—they are calls for silence. Slavery was not a footnote; it was a foundational economic system that shaped American law, wealth, and identity. By 1860, nearly four million enslaved people were valued at over $3 billion—equivalent to roughly $108–$120 billion today (Baptist, 2014; In2013Dollars, 2025). This valuation made enslaved people the largest financial asset in the nation, fueling both Southern agriculture and Northern industry.

    Minimizing slavery’s relevance erases the policies that followed: Jim Crow, redlining, mass incarceration, and the racial wealth gap. These legacies are not abstract—they are measurable. Black households today hold less than 15 percent of the median wealth of White households, a direct result of centuries of exclusion (Oliver & Shapiro, 2019). Historical amnesia allows injustice to hide in plain sight. It lets us forget that disparities in policing, healthcare, and education are not accidental—they are engineered.

    The Weight of a Name

    President Obama’s leadership was historic not only because of his identity, but because of the grace with which he carried the presidency under relentless scrutiny. The use of “Barry” is not benign. It is a deliberate diminishment—a refusal to acknowledge the transformation from a young man navigating identity to a statesman navigating global crises. To call him “Barry” while defending Trump’s record is not about consistency. It is about selective memory.

    The Record of Harm

    President Trump’s administration enacted executive orders that rolled back civil rights protections, banned federal diversity and inclusion training, and eliminated disparate-impact standards—tools that help challenge systemic bias in housing, education, and employment (Spivey, 2025; CBCF, 2025). These actions weakened enforcement of the Civil Rights Act of 1964 and allowed exclusionary practices to persist without federal oversight.

    In healthcare, policy shifts jeopardized coverage for millions, especially Black and Brown communities with higher rates of chronic illness (Semo Urban Voices, 2025). In education, reduced investment in digital infrastructure widened the gap in remote learning access for minority students, undermining academic performance and long-term mobility (Ithy, 2025).

    Critically, President Trump also reshaped the federal judiciary—including the Supreme Court—through deliberate nominations of judges with documented histories of bias. His administration bypassed traditional vetting norms, including limiting the American Bar Association’s access to background materials (Ballotpedia, 2025). Several nominees were confirmed despite being rated “not qualified” by the ABA, including individuals with records of hostility toward civil rights protections and LGBTQ+ rights (Wikipedia, 2025). His judicial picks were overwhelmingly white and male—85% white and 76% male—further reducing diversity in the federal judiciary (Wikipedia, 2025). This judicial strategy was not incidental. It was a calculated effort to entrench conservative legal ideology and weaken protections for marginalized communities (Kinga, McAndrews, & Ostrander, 2022).

    These are not partisan interpretations. They are policy outcomes—traceable, measurable, and disproportionately harmful.

    Selective Memory Is a Political Tool

    Respect for the presidency cannot be performative. It cannot be demanded for one leader while denied to another based on race, rhetoric, or partisan loyalty. President Obama modeled dignity under pressure. President Trump modeled grievance under power. If we are to speak of leadership, we must speak of impact. And if we are to speak of impact, we must speak of harm.

    Truth doesn’t bend to outrage. It exposes it.

    References

    Ballotpedia. (2025). ABA ratings during the Trump administration. https://ballotpedia.org/ABA_ratings_during_the_Trump_administration

    Baptist, E. E. (2014). The half has never been told: Slavery and the making of American capitalism. Basic Books.

    CBCF. (2025). Executive order tracker: Impacts on Black America. Congressional Black Caucus Foundation. https://www.cbcfinc.org/policy-research/cbcf-executive-order-tracker-impacts-on-black-america/

    In2013Dollars. (2025). $1 in 1860 → 2025 | Inflation calculator. https://www.in2013dollars.com/us/inflation/1860?amount=1

    Ithy. (2025). The multifaceted impact of Trump’s policies on minority communities. https://ithy.com/article/trump-effects-minorities-6svgzing

    Kinga, J. M., McAndrews, P., & Ostrander, I. (2022). President Trump and the politics of judicial nominations. Justice System Journal. https://doi.org/10.1080/0098261X.2022.2124897

    Oliver, M., & Shapiro, T. (2019). Black wealth/white wealth: A new perspective on racial inequality (3rd ed.). Routledge.

    Semo Urban Voices. (2025). Trump’s executive orders and the impact on American communities of color. https://semourbanvoices.com/trumps-executive-orders-and-the-impact-on-american-communities-of-color/

    Spivey, L. (2025). President Trump’s 2025 executive orders and their disproportionate effects on communities of color. The Immigrant’s Journal. https://theimmigrantsjournal.com/president-trumps-2025-executive-orders-and-their-disproportionate-effects-on-communities-of-color/

    Wikipedia. (2025). Donald Trump judicial appointment controversies. https://en.wikipedia.org/wiki/Donald_Trump_judicial_appointment_controversies

    Author’s Statement on Intellectual Property:

    This essay is the original intellectual property of DeMecia Wooten-Irizarry. It reflects a principled, evidence-based analysis grounded in scholarly rigor and lived experience. Reproduction, citation, or distribution without proper attribution constitutes a violation of ethical and academic standards. All rights reserved.

  • Series Introduction: Meridian and the Cost of Freedom

    The Civil Rights Movement is often remembered through its most visible moments—marches, speeches, and leaders whose names echo through history. But Alice Walker’s Meridian asks us to look deeper. It tells the story of Meridian Hill, a young Black woman whose sacrifices and endurance reveal the hidden costs of freedom work.

    This series explores Walker’s novel not as a simple narrative, but as a meditation on what it means to resist. Through Meridian’s journey, we see the quiet weight of activism, the overlooked labor of women, the toll of struggle on the body, and the radical act of enduring long after the spotlight fades. Each post will reflect on one of these themes, inviting us to consider how Walker’s vision speaks not only to the past but to the unfinished work of justice today.

  • Weaponized Justice and the Rise of Authoritarianism: Presidential Immunity, DOJ Retaliation, and the Erosion of Democratic Guardrails

    Weaponized Justice and the Rise of Authoritarianism: Presidential Immunity, DOJ Retaliation, and the Erosion of Democratic Guardrails

    The convergence of politicized indictments under the Trump Administration, the U.S. Supreme Court’s landmark immunity ruling, and the global resurgence of authoritarian regimes reflects a troubling erosion of democratic norms. Though distinct in context and scale, these developments reveal how legal and institutional tools can be repurposed to consolidate power, suppress dissent, and weaken pluralism. President Donald Trump’s 2028 campaign strategy—anchored in constitutional defiance, populist grievance, and institutional dominance—further aligns the United States with global patterns of democratic backsliding. Meanwhile, Congress, despite holding the constitutional authority to intervene, has remained conspicuously inert. That silence is amplified by the Heritage Foundation’s ideological blueprint, which champions a robust, centralized executive as the cornerstone of American governance.

    Presidential Immunity and the Collapse of Accountability

    In Trump v. United States (2024), the Supreme Court shattered nearly 250 years of precedent by ruling that presidents are entitled to absolute immunity for criminal prosecution related to official acts, and presumptive immunity for all acts carried out under the color of office. Chief Justice John Roberts declared that the president “alone composes a branch of government,” granting expansive control over the Department of Justice—including the power to initiate or dismiss prosecutions at will. This ruling effectively placed the president above the law, even as it carved out a narrow exception for “unofficial acts” (PBS NewsHour, 2024; Center for American Progress, 2025).

    Legal scholars and historians swiftly condemned the decision. James Iredell, a founding‑era jurist, had insisted in 1788 that “[if the president] commits any crime, he is punishable by the laws of his country” (Brennan Center for Justice, 2024). That principle guided generations of jurisprudence, including the unanimous decision in United States v. Nixon (1974), which affirmed that “no person, not even the President, is above the law” (The Court Said, 2024). Justice Sonia Sotomayor’s dissent warned that the ruling permits a president to “violate the law, exploit the trappings of office for personal gain, and use official power for evil ends”—without fear of prosecution (Center for American Progress, 2025).

    Six months into Trump’s second term, her warning has proved prophetic. The Department of Justice, now firmly under executive control, has pursued felony charges against former FBI Director James Comey and New York Attorney General Letitia James—both political adversaries—while dismissing Trump’s own indictments. In Comey’s case, the charges focused on his handling of FBI memos and testimony before Congress, despite the DOJ under both Trump and Biden previously declining to prosecute him. The immunity ruling has not only insulated the president from accountability; it has emboldened a retaliatory legal regime that mirrors the impunity mechanisms of authoritarian states (NPR, 2025).

    The Department of Justice as a Tool of Retaliation

    The Trump Administration’s use of the DOJ to pursue political opponents marks a profound departure from norms of prosecutorial independence. In October 2025, the DOJ indicted Letitia James on charges of bank fraud and false statements—allegations widely criticized as retaliatory, given her successful civil prosecution of Trump’s business empire. The indictment was filed in the Eastern District of Virginia, bypassing New York’s jurisdiction and raising alarms about forum shopping and selective prosecution (PBS NewsHour, 2025).

    Similarly, James Comey was indicted on charges of making false statements to Congress and obstruction of a congressional proceeding—despite the DOJ previously declining to pursue such cases. These prosecutions, paired with the dismissal of Trump’s own indictments—including 34 counts in New York, 40 federal charges related to classified documents, and 13 RICO charges in Georgia—signal a shift from legal accountability to political retribution (Ballotpedia, 2025).

    This weaponization of the DOJ mirrors tactics used in authoritarian regimes, where legal systems are deployed to silence dissent and protect ruling elites. The chilling effect on prosecutors, judges, and public officials is already visible, as investigations into executive misconduct stall or are quietly abandoned. What is unfolding in the United States is not an isolated anomaly but part of a broader global pattern.

    Global Authoritarianism and Legal Impunity

    Globally, authoritarian regimes have gained traction by exploiting democratic vulnerabilities. According to Freedom House (2022), 38 percent of the world’s population now lives in “Not Free” countries—the highest proportion since 1997. In countries like Russia, Nicaragua, and Turkey, leaders have manipulated courts, criminalized dissent, and weaponized law enforcement to maintain control.

    In Nicaragua, opposition candidates have been arrested and barred from elections. In Sudan, military coups have reversed democratic progress. In Afghanistan, elected governments have collapsed under authoritarian rule. These regimes often maintain a veneer of legality, using courts, police, and media to legitimize repression. The erosion of judicial independence and the normalization of politically motivated prosecutions are central to this trend.

    Justice Luís Roberto Barroso of Brazil’s Supreme Court describes this phenomenon as “authoritarian populism,” where charismatic leaders exploit public disillusionment to dismantle democratic institutions from within (Harvard Kennedy School, 2025). He warns that elected leaders now deconstruct democracy using the very tools designed to protect it—courts, constitutions, and law enforcement.

    The U.S. Supreme Court’s immunity ruling and the Trump Administration’s retaliatory prosecutions echo these global patterns. By insulating the president from criminal accountability and weaponizing the DOJ, the United States risks joining the ranks of democracies in decline.

    Heritage Foundation’s Doctrine of Executive Supremacy

    The Supreme Court’s ruling and the DOJ’s politicization align with the Heritage Foundation’s long‑standing advocacy for a strong, centralized executive. In its commentary, Heritage argues that the unitary executive is “one of the most brilliant innovations in the Constitution,” enabling “prompt, clear, and consistent action” (Canaparo, 2019). Former Attorney General William Barr, echoing this view, warned that executive authority has been “smothered by the encroachments of the other branches,” and described opposition to Trump’s presidency as a “war to cripple, by any means necessary, a duly elected government.”

    This ideology is codified in Heritage’s Project 2025—a blueprint for consolidating executive power, dismantling regulatory agencies, and replacing career civil servants with loyalists. While Trump publicly distanced himself from Project 2025 during the 2024 campaign, its principles now underpin both his administration’s governance and his 2028 campaign strategy (Wikipedia, 2025).

    Trump’s 2028 Campaign Strategy: Defiance and Entrenchment

    President Trump’s 2028 campaign strategy builds on legal insulation, ideological support for executive supremacy, and the DOJ’s retaliatory posture. Its key elements include:

    • Constitutional defiance. Trump has publicly flirted with seeking a third term despite the 22nd Amendment’s two‑term limit. In a 2025 interview, he remarked, “So, you say during the war, you can’t have elections?”—suggesting that wartime conditions could justify suspending electoral processes (Policy Magazine, 2025).

    • Populist grievance and cult of personality. The campaign frames Trump as the singular defender of “real America,” using slogans like “Only I Can Fix It—Again.” This messaging mirrors authoritarian populism abroad, where leaders claim exclusive legitimacy and vilify institutions as corrupt or elitist (Harvard Kennedy School, 2025).

    • Institutional dominance. Trump’s control over the DOJ, Supreme Court, and key federal agencies enables him to suppress opposition and shape legal narratives. The 2024 immunity ruling and Heritage’s doctrine of executive supremacy are central to this strategy.

    • Electoral disruption. The campaign has hinted at delaying or delegitimizing the 2028 election if “national security” or “civil unrest” justifies it—echoing tactics used in authoritarian regimes to extend tenure beyond constitutional limits (Politico, 2025).

    Together, these elements illustrate a campaign not merely seeking reelection but actively reshaping the constitutional order to entrench executive power.

    Congressional Authority and Republican Inaction

    The Constitution furnishes Congress with two principal remedies to counteract executive overreach: impeachment and conviction, and legislation to clarify or recalibrate interbranch boundaries. In theory, Congress could define statutory approaches that narrow immunity’s practical reach, specify procedures for independent oversight, or establish special counsels with protected jurisdiction. It could also pursue impeachment for abuses of power that, even if immunized criminally as official acts, remain politically sanctionable.

    Yet despite these remedies, the Republican‑controlled Congress has sat on its hands. No impeachment inquiry has been initiated, and no serious legislative effort has emerged to challenge the Supreme Court’s ruling or the Department of Justice’s politicized prosecutions. Bills proposed by minority Democrats to codify limits on presidential immunity have stalled in committee, with Republican leadership declining to hold hearings or votes (Politico, 2025).

    This inaction is not neutral; it is a political choice that signals tacit approval of executive impunity. By refusing to act, the Republican majority has allowed the executive branch to consolidate power unchecked, undermining the separation of powers and enabling authoritarian drift.

    Conclusion: A Constitutional Crossroads

    The Supreme Court’s immunity ruling marks a constitutional rupture. It abandons centuries of precedent affirming that presidents are subject to the rule of law. Trump’s 2028 campaign strategy—built on defiance, grievance, and institutional dominance—further blurs the line between democracy and authoritarianism. Heritage’s ideological endorsement of executive supremacy provides intellectual cover, while Congress, despite its constitutional mandate, has abdicated its role as a check on executive power. The DOJ’s transformation into a tool of political retaliation completes the authoritarian arc.

    As Justice Sotomayor warned, “Let the President violate the law… Because if he knew that he may one day face liability… he might not be as bold and fearless as we would like him to be” (Center for American Progress, 2025). The United States now stands at a constitutional crossroads. Will it reaffirm the principle that no one is above the law—or will it follow the path of authoritarian regimes, where justice serves power rather than the people? The answer will depend not only on courts and presidents, but on whether Congress, civil society, and the electorate are willing to reclaim the guardrails of accountability before they collapse entirely.

    References

    Ballotpedia. (2025). Donald Trump indictments, 2023–2025. https://ballotpedia.org/Donald_Trump_indictments,_2023-2025

    Brennan Center for Justice. (2024). History proves that presidents can be held accountable. https://www.brennancenter.org/our-work/analysis-opinion/history-proves-presidents-can-be-held-accountable

    Canaparo, G. (2019, December 2). Founders wanted a powerful president. The Heritage Foundation. https://www.heritage.org/the-constitution/commentary/founders-wanted-powerful-president

    Center for American Progress. (2025). Trump v. United States: Revisiting the presidential immunity ruling 1 year later. https://www.americanprogress.org/article/trump-v-united-states-revisiting-the-presidential-immunity-ruling-1-year-later

    Freedom House. (2022). Freedom in the world 2022: The global expansion of authoritarian rule. https://freedomhouse.org/report/freedom-world/2022/global-expansion-authoritarian-rule

    Harvard Kennedy School. (2025). Democracy in the shadow of the global rise in authoritarian populism. https://www.hks.harvard.edu/centers/carr-ryan/our-work/carr-ryan-commentary/democracy-shadow-global-rise-authoritarian-populism

    NPR. (2025, October 5). Supreme Court’s decision on presidential power casts a shadow on its new term. https://www.iowapublicradio.org/news-from-npr/2025-10-05/supreme-courts-decision-on-the-presidential-power-casts-a-shadow-on-its-new-term

    PBS NewsHour. (2024, July 1). Key facts from the Supreme Court’s immunity ruling and how it affects presidential power. https://www.pbs.org/newshour/politics/key-facts-from-the-supreme-courts-immunity-ruling-and-how-it-affects-presidential-power

    PBS NewsHour. (2025, October 2). Trump DOJ indicts New York Attorney General Letitia James. https://www.pbs.org/newshour/politics/trump-doj-indicts-letitia-james

    Policy Magazine. (2025, October 3). Is 2028 the endgame of Trump’s rampage? https://www.policymagazine.ca/is-2028-the-endgame-of-trumps-rampage

    Politico. (2025, January 31). How Trump could snatch a third term — despite the 22nd Amendment. https://www.politico.com/news/magazine/2025/01/31/trump-defy-constitution-third-term-00200239

    The Court Said. (2024). United States v. Nixon: Presidential power and accountability. https://thecourtsaid.org/united-states-v-nixon-presidential-power-and-accountability

    Wikipedia. (2025). Project 2025. https://en.wikipedia.org/wiki/Project_2025

    Intellectual Property Statement

    This work is the original intellectual property of DeMecia Wooten‑Irizarry. It reflects my analysis, voice, and authorial fingerprint, developed through my professional expertise, scholarship, and lived experience. No portion of this document may be reproduced, distributed, or adapted without my explicit written consent. Any quotations, references, or citations must credit me as the author. This statement affirms my right to control the use, reproduction, and dissemination of my work in all formats, including digital, print, and derivative adaptations.

  • The President’s 2028 Electoral Strategy: A Theoretical Account

    Introduction: A Coordinated Strategy of Control

    Donald Trump’s 2028 electoral strategy is not a conventional campaign—it is a coordinated architecture of power. It is built on a convergence of tactics that extend far beyond rallies, advertisements, or even traditional party organizing. The first strategy is the symbolic deployment of National Guard troops into civilian spaces, often without clear emergency justification, to project strength and intimidate opposition. The second is structural engineering through mid‑decade gerrymandering, designed to entrench partisan advantage by redrawing maps outside the decennial cycle and shrinking the electorate in ways that disproportionately harm communities of color. The third is the use of intimidation and chilling effects, where rhetoric that criminalizes dissent, threatens election officials, and promises aggressive policing creates a climate of fear that discourages civic participation.

    These three strategies are not isolated maneuvers; they are mutually reinforcing. Together, they reshape the conditions under which elections occur, narrowing the electorate, militarizing public space, and redefining who feels safe to participate in democracy. What makes this convergence especially dangerous is its judicial enablement. The Supreme Court’s shadow docket—its mechanism for issuing emergency rulings without full briefing or oral argument—has become a silent partner in this strategy. By allowing racially gerrymandered maps to stand, refusing to block restrictive voting laws, and reversing injunctions against racial profiling, the Court has provided cover for executive overreach while avoiding public accountability. In this way, the shadow docket does not merely reflect conservative ideology; it functions as an accelerant, legitimizing tactics that erode democratic norms. The 2028 election is therefore not simply a contest of votes but a constitutional inflection point, where the rules of participation themselves are being rewritten (Bernstein, 2025; Berman, 2025; Adams & Martin, 2025).

    Symbolic Deployment and Performative Control

    The deployment of state National Guard units into high‑visibility public spaces—often without clear emergency justification—functions as a symbolic assertion of control. These deployments are not merely reactive responses to crises; they are carefully staged performances designed to send political messages. They signal allegiance to a law‑and‑order narrative, project strength to Trump’s base, and simultaneously unsettle communities deemed oppositional. The presence of uniformed personnel in civilian spaces is not neutral. It is a visual reminder that dissent can be met with force, and that the state is willing to militarize public life in service of political ends (Bernstein, 2025).

    The timing and location of these deployments often coincide with political flashpoints, such as protests, local elections, or moments of heightened national debate. This suggests strategic intent rather than reactive necessity. By placing troops in urban centers with large populations of color, the administration reinforces racialized narratives of disorder and criminality, while also normalizing the use of military force in civilian governance. As Adams and Martin (2025) note, the performative use of state power in electoral contexts is part of a broader “playbook” that seeks to redefine the boundaries of acceptable political action. In this sense, the National Guard is not just a security apparatus—it is a campaign tool, deployed to shape perception, intimidate opposition, and consolidate authority.

    Structural Engineering: Mid‑Decade Gerrymandering as Durable Advantage

    The practice of mid‑decade gerrymandering represents one of the most durable forms of structural engineering in Trump’s 2028 strategy. Unlike campaign rhetoric or temporary deployments of the National Guard, redistricting creates long‑lasting shifts in political power that extend well beyond a single election cycle. By redrawing district lines outside the traditional ten‑year census process, partisan actors can lock in advantages that persist for years, even if demographic changes or voter preferences shift in ways that would otherwise alter outcomes. This tactic is particularly potent because it reshapes the electorate itself, determining not only who wins but also whose votes carry weight in the first place (Berman, 2025).

    The durability of mid‑decade gerrymandering lies in its ability to insulate political power from accountability. Once maps are redrawn, they are difficult to challenge, especially when the Supreme Court has signaled through its shadow docket that it will not intervene to block racially discriminatory or partisan maps. This judicial passivity effectively green‑lights structural manipulation, allowing legislatures to entrench partisan dominance under the guise of administrative necessity. For communities of color, the consequences are profound: dilution of voting strength, fragmentation of community representation, and the reinforcement of systemic exclusion from policymaking processes (Adams & Martin, 2025). In this way, gerrymandering functions as a form of political engineering that cements inequality into the very architecture of democracy.

    Intimidation and Chilling Effects

    Public rhetoric that demonizes political opponents, labels dissent as criminal, and threatens legal action against voters and officials contributes to a climate of fear. This fear is not abstract—it has measurable effects. The threat of surveillance, arrest, or public shaming discourages civic participation and undermines the expectation that elections can be engaged without retaliation. Statements about sending troops to “Democrat‑run cities,” praise for aggressive policing, and direct attacks on election officials operate as both message and method. The goal is not merely to win elections; it is to define who feels safe participating in them and to deter the oversight functions that make elections credible (Berman, 2025).

    Racial Overtones and Structural Targeting

    This strategy is not race‑neutral. The deployment of National Guard troops to “Democrat‑run cities” is often aimed at jurisdictions with large Black, Latino, and immigrant populations. These actions are framed as responses to crime or unrest, but they function as racialized spectacles designed to reinforce fear, justify surveillance, and signal dominance over communities of color (Bernstein, 2025).

    Similarly, voter suppression tactics—ID laws, polling place closures, registration purges, and targeted disinformation—disproportionately affect Black and brown voters and low‑income communities. These measures are not incidental; they are engineered to shrink the electorate in ways that preserve white political power. The rhetoric surrounding these laws often invokes fraud, chaos, or “urban” mismanagement, reinforcing racialized narratives of disorder (Berman, 2025).

    The Supreme Court’s shadow docket has enabled these tactics by refusing to block racially gerrymandered maps, allowing discriminatory laws to take effect without full review, and dismissing factual findings of racial harm. In immigration cases, the Court has reversed injunctions against racial profiling, despite clear evidence of abuse. These rulings do not merely reflect conservative ideology—they reflect a willingness to ignore race‑based harm in favor of executive consolidation (NewsNation, 2025).

    This racial dimension is not a footnote—it is central. The architecture of Trump’s strategy depends on racialized fear, exclusion, and control. The Court’s silence in the face of these patterns is not neutrality—it is complicity.

    The Supreme Court’s Shadow Docket and Judicial Enablement

    The Supreme Court’s shadow docket—its mechanism for issuing emergency rulings without full briefing or oral argument—has become a pipeline for executive‑friendly decisions. Under Trump’s administration, emergency petitions surged, and the Court granted relief in a striking majority of cases. These rulings often lacked explanation, vote counts, or legal reasoning, yet they carried sweeping consequences (Brennan Center for Justice, 2022).

    This pattern reflects a jurisprudential shift: the Court is no longer the honest arbiter of the Constitution. It has become a conduit for executive consolidation, issuing rulings that bypass deliberation and silence dissent.

    In immigration, voting rights, and protest‑related cases, the Court’s shadow docket has consistently favored executive authority. The case of Noem v. Vasquez Perdomo exemplifies this trend: the Court reversed a lower‑court injunction against racial profiling by immigration officers in Los Angeles, despite extensive factual findings. Justice Kavanaugh’s majority opinion dismissed the documented harms as “brief” and “typically resolved,” while Justice Sotomayor’s dissent emphasized the government’s failure to rebut evidence of illegal conduct (NewsNation, 2025).

    Abandonment of Precedent and Voting Rights

    The expanded use of emergency orders has facilitated an erosion of stare decisis. Laws that contradict established precedent have been allowed to take effect through unsigned or brief orders, reshaping substantive rights before full merits review. In Whole Woman’s Health v. Jackson, the Court allowed a Texas abortion ban to take effect via a one‑paragraph, unsigned order—despite its direct conflict with Roe v. Wade. Months later, Roe was formally overturned, but the shadow docket had already signaled the Court’s intent (Brennan Center for Justice, 2022).

    In voting rights cases, the Court has weakened the Voting Rights Act, refused to block racially gerrymandered maps, and allowed restrictive laws to take effect without full review. In Brnovich v. Democratic National Committee, the majority redefined the standard for voting‑rights violations, making it harder to challenge discriminatory laws. These rulings align with Trump’s broader strategy: reduce access, increase control, and insulate power from accountability (Berman, 2025).

    The Collision: Law, Power, and Democratic Erosion

    The convergence of Trump’s tactics and the Court’s jurisprudence is structural, not coincidental. The executive deploys force and manipulates rules; the judiciary legitimizes those moves through opaque rulings and doctrinal shifts. The result is a feedback loop of consolidation, where each branch accelerates the other’s erosion of democratic norms. Emergency powers, once reserved for wartime exigencies, are invoked to justify domestic deployments. The shadow docket, once a procedural tool, becomes a vehicle for policy transformation. Precedent, once a stabilizing force, is treated as discretionary. This collision is not theoretical; it is unfolding in real time, narrowing the conditions under which dissent, oversight, and equal participation can survive (Bernstein, 2025; Berman, 2025).

    Policy Implications and Social Work Policy Practice

    The convergence of executive overreach, judicial enablement through the shadow docket, and racially targeted electoral manipulation demands an assertive, macro‑level social work response grounded in constitutional literacy and trauma‑informed practice. Policy social workers must translate complex legal shifts—such as emergency powers used for domestic deployments, mid‑cycle redistricting, and quietly issued Court orders that weaken voting rights—into accessible guidance for coalitions and communities, while actively drafting, advocating, and monitoring reform bills that restore due process, transparency, and enforcement capacity across civil rights and election administration.

    This work calls for sustained constituent education that names racialized harm without euphemism, builds protective infrastructures such as legal clinics, rapid‑response observation, and voter access audits, and centers survivor‑informed analysis in spaces where surveillance, policing, and intimidation erode civic participation. At the intergovernmental level, macro practitioners should coordinate watchdog functions—tracking agency rulemaking, state emergency statutes, and judicial trends—to anticipate harm and propose corrective policy instruments, including limits on emergency deployment, statutory guardrails on redistricting timing and methodology, and requirements for reasoned judicial explanations in consequential orders. Above all, social work policy practice must reclaim legitimacy by modeling ethical resistance: documenting violations with precision, elevating community testimony into statutory text, and reinforcing democratic conditions—free from fear, coercion, and exclusion—under which marginalized communities can vote, organize, and govern.

    Conclusion: The 2028 Election as a Constitutional Inflection Point

    The 2028 election will not be decided solely by ballots; it will be shaped by the structural conditions under which those ballots are cast. If current trends continue, elections may be conducted under heightened surveillance, reduced access, and intensified intimidation, while judicial silence obscures the legal rationales that permit such conditions. The legitimacy of outcomes will depend not only on counts but on whether the process itself remains protected by transparency, precedent, and rights enforcement. This moment demands clarity, courage, and constitutional stewardship. The collision between Trump’s strategy and the Court’s shadow docket is not merely a legal concern—it is a democratic emergency that requires disciplined, survivor‑informed, and trauma‑aware policy practice. For social workers, advocates, and policy practitioners, the challenge is not only to resist authoritarian drift but to model the democratic values of inclusion, accountability, and dignity that must be preserved if the Constitution is to remain a living document rather than a hollow symbol.

    References

    Adams, R., & Martin, S. (2025). Redistricting and the erosion of democratic norms. New York: Democracy Press.

    Berman, A. (2025). Minority rule: The rise of voter suppression in America. New York: Penguin Random House.

    Bernstein, J. (2025). The politics of performance: Trump, spectacle, and state power. Washington, DC: Brookings Institution Press.

    Brennan Center for Justice. (2022). The Supreme Court’s shadow docket. Retrieved from https://www.brennancenter.org

    NewsNation. (2025). Supreme Court reverses injunction in Noem v. Vasquez Perdomo. Retrieved from https://www.newsnationnow.com

    Authorship and Intellectual Property Statement

    This original work was authored by DeMecia Wooten‑Irizarry, MSW, MPA, LSWDoctor of Social Work Candidate (Policy Practice),

    All rights reserved. No portion of this content may be reproduced, republished, or distributed without express written permission from the author. Attribution must reflect the author’s full credentials and intent. This work reflects a policy practice and community engagement lens rooted in macro social work values, constitutional literacy, and statutory interpretation

  • Executive Misconduct and Democratic Erosion: What Trump’s Presidency Reveals for Social Work Policy Practice

    Donald Trump’s presidency has been extensively documented in peer-reviewed literature as a period of intensified corruption, institutional erosion, and executive dysfunction. These findings are not abstract—they carry direct implications for social work policy practitioners committed to ethical governance, democratic accountability, and the structural conditions that shape equitable service delivery.

    A 2024 study published in Applied Economics Letters by Fischer found a statistically significant rise in perceived public-sector corruption during Trump’s first term. The analysis linked this shift to nepotistic appointments, including Ivanka Trump and Jared Kushner, repeated attacks on federal institutions such as the FBI and Department of Justice, and the post-presidency storage of classified documents at Mar-a-Lago. These actions contributed to a measurable erosion of public trust in executive integrity and institutional safeguards (Fischer, 2024).

    This erosion has deepened in Trump’s second term, now fortified by the U.S. Supreme Court’s ruling in Trump v. United States (2024). The Court granted presidents absolute immunity from criminal prosecution for actions within their constitutional authority and presumptive immunity for all official acts. Only unofficial conduct remains prosecutable. This decision delayed Trump’s federal election interference trial and effectively placed the presidency beyond the reach of criminal accountability for a wide range of abuses (Supreme Court of the United States, 2024; PBS NewsHour, 2024).

    Shielded by this legal precedent, Trump has pursued a series of lucrative foreign ventures that blur the line between public office and private gain. His family secured a $2 billion cryptocurrency partnership with the United Arab Emirates, followed by an AI chip sale that raised national security concerns. Ethics waivers were granted to allies involved in the negotiations, and dissenting officials were removed—further evidence of retaliatory governance and the dismantling of internal oversight (Bellows, 2025).

    In Corruption and Illiberal Politics in the Trump Era, Goldstein and Drybread document how Trump’s administration rewarded loyalty, repressed dissent, and normalized authoritarian behavior. The contributors detail how judicial appointments were used to entrench partisan control, how regulatory rollbacks favored private interests over public welfare, and how rhetorical attacks on civil society undermined democratic norms (Goldstein & Drybread, 2022).

    Writing in Political Science Quarterly, Kuhner describes Trump’s leadership as a “tyranny of greed,” linking his rise to systemic dysfunction, racial resentment, and unchecked executive power. He emphasizes Trump’s impeachment for inciting the January 6 insurrection as a turning point in democratic erosion, framing the presidency as a case of authoritarian drift masked by populist appeal (Kuhner, 2021).

    Further evidence from Littvay, McCoy, and Simonovits shows that democratic norm violations became more acceptable to voters during Trump’s presidency. Their study in Public Opinion Quarterly found that partisan loyalty increasingly outweighed commitment to democratic principles, with many Americans endorsing executive overreach when it aligned with their political interests (Littvay, McCoy, & Simonovits, 2024).

    For social work policy practitioners, these developments are not peripheral—they are central. Executive corruption and impunity reverberate through funding priorities, civil rights enforcement, and public trust. When the highest office is shielded from accountability, marginalized communities bear the brunt of policy instability and institutional decay. The Supreme Court’s immunity ruling has not only altered the legal landscape—it has redefined the ethical terrain in which social work must operate. These scholarly insights offer a critical foundation for understanding how executive behavior shapes the policy environment and why social work must remain committed to democratic accountability, transparency, and justice.

    References

    Bellows, A. (2025, August 27). Forging effective corruption narratives to counter democratic erosion. Carnegie Endowment for International Peace. https://carnegieendowment.org/research/2025/08/forging-effective-corruption-narratives-to-counter-democratic-erosion?lang=en

    Fischer, S. (2024). The impact of the Trump presidency on the perception of corruption in the United States. Applied Economics Letters. https://doi.org/10.1080/13504851.2024.2363294

    Goldstein, D. M., & Drybread, K. (Eds.). (2022). Corruption and illiberal politics in the Trump era. Routledge.

    Kuhner, T. K. (2021). Tyranny of greed: Trump, corruption, and the revolution to come. Political Science Quarterly, 136(3), 596–597. https://doi.org/10.1002/polq.13219

    Littvay, L., McCoy, J. L., & Simonovits, G. (2024). It’s not just Trump: Americans of both parties support liberal democratic norm violations more under their own president. Public Opinion Quarterly, 88(3), 1044–1058. https://doi.org/10.1093/poq/nfae042

    Supreme Court of the United States. (2024). Trump v. United States, No. 23–939. https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf

    PBS NewsHour. (2024, July 1). Key facts from the Supreme Court’s immunity ruling. https://www.pbs.org/newshour/politics/key-facts-from-the-supreme-courts-immunity-ruling-and-how-it-affects-presidential-power

    Intellectual Property Statement

    © DeMecia Wooten‑Irizarry. This synthesis reflects original framing and scholarly integration. Citation required for redistribution or derivative use.

  • When Policy Forgets Its Own Story: Stephen Miller, Immigration, and the Irony of Ancestry

    Stephen Miller’s influence on U.S. immigration policy has been profound and controversial; his policymaking role helped produce measures that many observers say tightened asylum access, lowered refugee admissions, and prioritized enforcement over humanitarian relief (France 24, 2025). The moral and rhetorical irony in Miller’s case is clear: his maternal family fled anti-Jewish violence in Eastern Europe, and relatives have publicly called out the contradiction between that family history and the exclusionary policies he championed (Glosser, 2018; Associated Press, 2025).

    Policy choices are not abstract. They map onto family histories, survival strategies, and lived vulnerability. Miller’s uncle publicly described the tension bluntly and personally, calling his nephew’s policy posture “hypocritical” given their family’s immigrant past (Glosser, 2018). Other relatives and extended-family critics have echoed that sentiment, centering moral memory—the phrase “never again” invoked in Jewish memory—as a civic critique of modern enforcement measures (Associated Press, 2025; The Independent, 2025).

    As a social work macro practitioner specializing in policy practice and community engagement, I read these family testimonies as civic interventions. Family witnesses do three things in policy debates: they humanize abstract rules, they expose historical inconsistency when policymakers’ own ancestries would have been excluded under their rules, and they create persuasive moral pressure that can open political windows for reform (Glosser, 2018; Common Dreams, 2018).

    But moral witness alone rarely drives systemic change. Effective reform requires combining testimony with evidence, litigation, and organizing that translates moral outrage into policy alternatives. Academics, advocates, and practitioners should pair stories like the Glossers’ with data on the human costs of enforcement, administrative rulemaking that expands asylum access, and legislative strategies that protect due process (France 24, 2025).

    Practical policy implications

    • Center immigrant voices and family histories in policymaking processes to counter dehumanizing narratives (Glosser, 2018).

    • Use family testimony as part of broader advocacy strategies that include empirical evidence, strategic litigation, and coalition building across faith and civil-rights organizations (Common Dreams, 2018; The Independent, 2025).

    • Demand transparency and historical accountability from policy architects whose proposals would have excluded their own ancestors, using that irony to shift public framing and media attention (Associated Press, 2025).

    Conclusion

    Remembering matters. The public dissent of Miller’s relatives reframes policy debate by linking genealogical memory to contemporary harms. When policy architects lose sight of the human histories that underpin immigration, law becomes divorced from the moral commitments that once justified refuge. For those of us working at the intersection of policy and community engagement, that dissonance is an organizing opportunity: to insist that historical truth and human dignity inform the laws that govern belonging.

    Intellectual Property Statement

    This original work was authored by DeMecia Wooten‑Irizarry, MSW, MPA, Doctor of Social Work Candidate (Policy Practice), Licensed Social Worker. All rights reserved. No portion of this content may be reproduced, republished, or distributed without express written permission from the author. Attribution must reflect the author’s full credentials and intent. This work reflects a policy practice and community engagement lens rooted in macro social work values and statutory interpretation.

    References

    Associated Press. (2025, October 6). Stephen Miller’s own cousin calls him “the face of evil” for role in immigration crackdown. MSN. https://www.msn.com/en-au/politics/government/stephen-miller-s-own-cousin-calls-him-the-face-of-evil-for-role-in-immigration-crackdown

    Common Dreams. (2018, August 13). Sharing family’s immigrant story, Stephen Miller’s uncle horrified by his xenophobic policy positions. https://www.commondreams.org/news/2018/08/13/sharing-familys-immigrant-story-stephen-millers-uncle-horrified-his-xenophobic

    France 24. (2025, June 19). Stephen Miller: how an anti-immigrant crusade is remaking US policy. https://www.france24.com/en/americas/20250619-stephen-miller-how-an-anti-immigrant-crusade-is-remaking-us-policy

    Glosser, D. S. (2018, August 13). Stephen Miller is an immigration hypocrite. Politico Magazine. https://www.politico.com/magazine/story/2018/08/13/stephen-miller-is-an-immigration-hypocrite-i-know-because-im-his-uncle/

    The Independent. (2025, October 6). Stephen Miller’s cousin calls him “face of evil” for role in immigration crackdown. https://www.independent.co.uk/news/world/americas/us-politics/stephen-miller-cousin-ice-immigration-trump-b2839934.html

  • When Policy Forgets Its Own Story: Stephen Miller, Immigration, and the Irony of Ancestry

    Stephen Miller helped shape a suite of U.S. immigration policies that tightened asylum access, reduced refugee admissions, and prioritized enforcement over humanitarian protection (France 24, 2025). The moral irony is stark: Miller’s maternal family fled anti‑Jewish violence in Eastern Europe, and several relatives have publicly criticized his immigration agenda as inconsistent with that family history (Glosser, 2018; Associated Press, 2025).

    Why this matters

    Policy is not abstract. Laws and administrative rules map onto real families, survival strategies, and historical memory. When those who design exclusionary rules have family stories of refuge, the dissonance becomes a powerful civic critique that can reframe public debate and open windows for reform (Glosser, 2018; Common Dreams, 2018).

    Family testimony as civic intervention

    Family witnesses do three practical things in public policy debates:

    • Humanize abstract rules by linking them to lived experience (Glosser, 2018).

    • Expose historical inconsistency when a policymaker’s ancestry would have been excluded under policies they now support (Associated Press, 2025).

    • Apply moral pressure that can catalyze media attention and political organizing (Common Dreams, 2018; The Independent, 2025).

    Miller’s uncle and other relatives have made these points publicly, describing a family history of migration from Eastern Europe and expressing dismay at policies they view as hostile to refugees and asylum seekers (Glosser, 2018; Associated Press, 2025).

    Translating moral witness into policy change

    Moral testimony matters, but it is rarely sufficient on its own. For family testimony to influence durable reform, advocates should pair it with three complementary strategies:

    1. Evidence: document the human costs of enforcement with empirical research and case studies (France 24, 2025).

    2. Law: pursue strategic litigation and administrative challenges that protect due process and asylum access (France 24, 2025).

    3. Organizing: build coalitions across faith, immigrant‑rights, and civil‑rights organizations to convert moral outrage into legislative and administrative pressure (Common Dreams, 2018; The Independent, 2025).

    Practical policy implications

    1. Center immigrant voices and family histories in policymaking to counter dehumanizing narratives and ground debates in lived experience (Glosser, 2018).

    2. Use verified family testimony strategically alongside empirical evidence and legal strategy to strengthen advocacy campaigns (Common Dreams, 2018).

    3. Demand transparency and historical accountability from policy architects whose proposals would have excluded their own ancestors; use that irony to shift public framing and media attention (Associated Press, 2025).

    Conclusion

    Remembering matters. The public dissent of Miller’s relatives reframes policy debate by linking genealogical memory to contemporary harms. When policy architects lose sight of the human histories that underpin immigration, law can become divorced from the moral commitments that once justified refuge. For those of us working at the intersection of policy and community engagement, that dissonance is an organizing opportunity: insist that historical truth and human dignity inform the laws that govern belonging.

    Intellectual Property Statement

    This original work was authored by DeMecia Wooten‑Irizarry, MSW, MPA, Doctor of Social Work Candidate (Policy Practice), Licensed Social Worker. All rights reserved. No portion of this content may be reproduced, republished, or distributed without express written permission from the author. Attribution must reflect the author’s full credentials and intent. This work reflects a policy practice and community engagement lens rooted in macro social work values and statutory interpretation.

    References

    Associated Press. (2025, October 6). Stephen Miller’s own cousin calls him “the face of evil” for role in immigration crackdown. MSN. https://www.msn.com/en-au/politics/government/stephen-miller-s-own-cousin-calls-him-the-face-of-evil-for-role-in-immigration-crackdown

    Common Dreams. (2018, August 13). Sharing family’s immigrant story, Stephen Miller’s uncle horrified by his xenophobic policy positions. https://www.commondreams.org/news/2018/08/13/sharing-familys-immigrant-story-stephen-millers-uncle-horrified-his-xenophobic

    France 24. (2025, June 19). Stephen Miller: how an anti-immigrant crusade is remaking US policy. https://www.france24.com/en/americas/20250619-stephen-miller-how-an-anti-immigrant-crusade-is-remaking-us-policy

    Glosser, D. S. (2018, August 13). Stephen Miller is an immigration hypocrite. Politico Magazine. https://www.politico.com/magazine/story/2018/08/13/stephen-miller-is-an-immigration-hypocrite-i-know-because-im-his-uncle/

    The Independent. (2025, October 6). Stephen Miller’s cousin calls him “face of evil” for role in immigration crackdown. https://www.independent.co.uk/news/world/americas/us-politics/stephen-miller-cousin-ice-immigration-trump-b2839934.html

  • When Statutes Speak of Force: The Insurrection Act, 18 U.S.C. § 2383, and the Fragile Line Between Order and Overreach

    In times of political unrest, statutory language becomes more than a legal framework—it becomes a reflection of power, vulnerability, and contested authority. Two federal statutes stand at the center of this tension: the Insurrection Act, reorganized in 1907 and codified as 10 U.S.C. §§ 251–255, and 18 U.S.C. § 2383, which criminalizes rebellion or insurrection against the United States. Though distinct in purpose, these laws converge in their capacity to authorize force and define dissent.

    The Insurrection Act, first enacted in 1792 and amended through Reconstruction, was formally reorganized in 1907 to consolidate federal authority over domestic military deployment. It permits the President to use federal troops or state militias to suppress insurrection, enforce federal law, or protect constitutional rights when state governments are unable or unwilling to act. Its language is expansive:

    “The President may use the militia or the armed forces to suppress any insurrection, domestic violence, unlawful combination, or conspiracy if it hinders the execution of U.S. laws” (10 U.S.C. § 252).

    “The President may act if insurrection or domestic violence deprives people of constitutional rights and state authorities cannot or will not protect those rights” (10 U.S.C. § 253).

    These provisions temporarily suspend the Posse Comitatus Act, which ordinarily prohibits federal military involvement in civilian law enforcement. While the Insurrection Act requires a presidential proclamation ordering insurgents to disperse (10 U.S.C. § 254), it does not require judicial review or congressional approval before deployment. This lack of oversight has raised concerns among legal scholars and civil rights advocates, particularly when invoked in politically charged contexts (Nunn, 2025).

    Complementing this executive authority is 18 U.S.C. § 2383, a criminal statute that targets individuals who incite or participate in rebellion against U.S. authority:

    “Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof… shall be fined… imprisoned… and shall be incapable of holding any office under the United States” (18 U.S.C. § 2383, 1948).

    Unlike the Insurrection Act, which empowers the President to respond to unrest, § 2383 is prosecutorial in nature. It has been rarely used, in part because its application requires clear evidence of intent to overthrow or resist federal authority—not merely protest or civil disobedience. Prosecutors often rely instead on related statutes such as seditious conspiracy (18 U.S.C. § 2384) or obstruction of an official proceeding (18 U.S.C. § 1512), which offer more precise thresholds and are less vulnerable to First Amendment challenges (Levin, 2022).

    Recent threats to invoke the Insurrection Act—most notably by President Donald Trump in response to civil unrest in cities like Portland and Chicago—have reignited public scrutiny of both statutes. Governors and attorneys general responded with lawsuits and public statements, citing constitutional violations and the risk of federal overreach (Garrison, 2025; Pritzker, 2025; Woodward, 2025). These events underscore the urgent need for civic literacy and statutory clarity.

    As a social work macro practitioner specializing in policy practice and community engagement, I view these statutes as lenses through which we must examine the intersection of law, power, and public accountability. They invite critical questions: When does protection become suppression? When does authority become overreach? And how do we, as policy advocates, ensure that statutory language is not weaponized against the communities we serve?

    Citizens are not without recourse. Legal remedies include petitioning Congress for oversight and reform, filing suit in federal court to challenge unauthorized deployments, and seeking review by the U.S. Supreme Court when constitutional rights are at stake. Public education and advocacy also play a vital role in demystifying these laws and resisting their misuse.

    In advocacy, clarity matters. So does vigilance. The Insurrection Act and 18 U.S.C. § 2383—reorganized and codified over a century ago—remain active instruments of governance. They remind us that law is not static. It is activated by context, shaped by power, and challenged by those who dare to speak truth to it.

    Intellectual Property Statement

    This original work was authored by DeMecia Wooten‑Irizarry, MSW, MPA, Doctor of Social Work Candidate (Policy Practice), Licensed Social Worker. All rights reserved. No portion of this content may be reproduced, republished, or distributed without express written permission from the author. Attribution must reflect the author’s full credentials and intent. This work reflects a policy practice and community engagement lens rooted in macro social work values and statutory interpretation.

    References

    Garrison, J. (2025, October 6). Trump says he would invoke the Insurrection Act ‘if it was necessary’. USA Today. https://www.usatoday.com/story/news/politics/2025/10/06/trump-invoke-insurrection-act-if-necessary/86555308007/

    Levin, D. (2022). Insurrection, protest, and the First Amendment: Legal thresholds and prosecutorial discretion. Georgetown Law Journal, 110(3), 601–634.

    Nunn, J. (2025, June 10). The Insurrection Act explained. Brennan Center for Justice. https://www.brennancenter.org/our-work/research-reports/insurrection-act-explained

    Pritzker, J. B. (2025, October 6). Trump is trying to cause chaos in American cities before invoking Insurrection Act. The Independent. https://www.independent.co.uk/news/world/americas/us-politics/trump-chicago-insurrection-act-jb-pritzker-b2840484.html

    U.S. Code. (1907). Insurrection Act, 10 U.S.C. §§ 251–255. https://uscode.house.gov/view.xhtml?path=/prelim@title10/subtitleA/part1/chapter13&edition=prelim

    U.S. Code. (1948). Rebellion or insurrection, 18 U.S.C. § 2383. https://www.law.cornell.edu/uscode/text/18/2383

    Woodward, A. (2025, October 6). Trump threatens to invoke Insurrection Act in Portland. MSN News. https://www.msn.com/en-us/news/other/trump-threatens-to-invoke-insurrection-act-in-portland/ar-AA1NYDCa

  • Escalation, Emergency Powers, and the Need for Congressional Safeguards

    How historical precedent and statutory limits should shape legislative oversight of domestic force and emergency authorities

    Historical precedent: The escalation of state power that first targets a defined group and then broadens repression has clear precedent in twentieth‑century Germany. Scholarly histories document how exclusionary laws, administrative measures, and policing practices removed civil liberties from Jewish populations and then expanded to political opponents and other vulnerable groups as authoritarian control merged (Shirer, 1960; Evans, 2003; Friedlander, 1997; Browning, 1992).

    Military and domestic law‑enforcement limits: Federal law generally prohibits routine use of the U.S. Armed Forces for domestic law enforcement (Posse Comitatus Act, 18 U.S.C. § 1385); the Insurrection Act contains narrowly defined statutory exceptions permitting federal military action under specific conditions (Insurrection Act, 10 U.S.C. §§ 251–255). State National Guard deployments are governed by state law when under gubernatorial control and change legal status when federalized.

    Limited legal bases for executive emergency responses: The President may declare a national emergency under the National Emergencies Act, which activates specified statutory authorities delegated by Congress and is subject to congressional review and termination procedures (National Emergencies Act, 50 U.S.C. § 1601 et seq.). Other statutory authorities relevant to extraordinary domestic actions include disaster and public‑health statutes, economic mobilization authorities, and homeland‑security and immigration statutes that authorize agency responses within defined limits (Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121 et seq.; Defense Production Act, 50 U.S.C. § 4501 et seq.; Homeland Security Act, 6 U.S.C. § 101 et seq.). Executive action remains subject to constitutional and judicial review, including limits described in Youngstown Sheet & Tube Co. v. Sawyer (343 U.S. 579 (1952)).

    Oversight imperatives: For any extraordinary domestic deployments or enforcement operations, oversight should verify the legal authority invoked; the factual predicate for invoking emergency or Insurrection Act exceptions; chain of command and control status (state versus federal); safeguards for civil liberties and non‑discrimination; and transparency measures and reporting provided to Congress and affected communities.

    References

    Browning, C. R. (1992). Ordinary Men: Reserve Police Battalion 101 and the Final Solution in Poland. New York, NY: HarperCollins.

    Defense Production Act of 1950, 50 U.S.C. § 4501 et seq. (1950).

    Evans, R. J. (2003). The Coming of the Third Reich. New York, NY: Penguin Press.

    Friedlander, S. (1997). Nazi Germany and the Jews, 1933–1945. New York, NY: HarperCollins.

    Insurrection Act, 10 U.S.C. §§ 251–255.

    National Emergencies Act, 50 U.S.C. § 1601 et seq. (1976).

    Posse Comitatus Act, 18 U.S.C. § 1385.

    Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121 et seq. (1988).

    Shirer, W. L. (1960). The Rise and Fall of the Third Reich: A History of Nazi Germany. New York, NY: Simon & Schuster.

    Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952).