Gallup Poll: Americans Oppose Federal Suit Against AZ Immigration Law

Here.  The notion that the Obama Justice Department would waste millions suing  a state for passing a law that mirrors the content of a Federal law is absurd on the face of it, especially when the same Justice Department turns a blind eye to sanctuary laws which actually do violate the Supremacy Clause; but also from a purely political standpoint the suit is idotic harming as it does the Dems' chances in the November elections and beyond.

By the way, did you see Sarah Palin on The O'Reilly Factor tonight?  Mr. Bill did a good job grilling her and exposing the shallowness of her thinking about illegal immigration. She has obviously given little thought to the problem of the 12 or so million illegals already in the country, many of whom stay out of trouble, have jobs, and have children who are U. S. citizens.

Terry Goddard

He is the Arizona Attorney General.  I just watched Greta van Susteren ask him repeatedly whether the DOJ should drop the inane lawsuit against the state of Arizona anent S. B. 1070, and he would not answer the question.  What a weasel! Of course, he's a Dem.  Perhaps the weasel should replace the jackass as the emblem of that sorry party.

Did Holder, Napolitano, Obama, et al. Lie When They Said They Hadn’t Read the Arizona Law?

J. O. e-mails:

 A caller on the Dennis Miller Show called in and said something very insightful I thought you would like. Miller was asking callers to call in about Eric Holder et al. not reading the Arizona Illegal Immigration law, and the caller said that he thought they HAD read it and were lying about not having read it. Why? Because there isn't anything in it that could possibly be unconstitutional. If there was, it would be plastered all over the news, the exact offending line. Of course they've read it, but by saying they haven't they can criticize it without actually having to show what is wrong with it.

I thought this was insightful, and so I shared it with you.

Now I hadn't thought of that, perhaps because I have more respect for these people (Attorney General Holder, et al.) than I should have.  But now that you mention it, the caller's supposition is very plausible.  How could they fail to have read it?  First of all, all three are legally trained.  Their reading comprehension extends to legalese, and they have staff members who could have summarized it for them.  Second, SB 1070 and the clarificatory  HB 2162 are very short as laws go and easily accessible to anyone with Internet access.  Third, one of them, Homeland Security 'czar' Janet Napolitano (not to be confused with the astute Judge Andrew Napolitano), is a former governor of Arizona, and one would think she would have a keen interest in any laws enacted there, especially laws that have a direct bearing on national security.  Or is Napolitano of Homeland Security unfazed by the possibility of terrorists entering the country via the southern border?

The more I think about it, the more preposterous it sounds for the Attorney General of the U. S. to show no interest in the content of a law when said law mirrors at the State level Federal immigration law.  Would he not want to check whether the law perhaps is inconsistent with Federal law?  How can he not have an interest in the content of a law that is being debated on the international stage?

The caller's surmise seems quite credible.  Why not lie, if it serves your purpose?  The purpose being to prevent anything serious being done about the problem of illegal immigration.  Bear in mind that, for the Left,  the end justifies the means, and 'bourgeois morality' be damned.

Illegal Immigration, The Catholic Bishops, and the Misuse of Scripture

(Written 26 April 2006, revised 23 May 2010)

At the website of the U.S. Conference of Catholic Bishops, we read:

Why is the Catholic Church involved in the immigration issue? There are several reasons the Catholic Church is involved in the  immigration debate. The Old and New Testaments, as well as the encyclicals of the Popes, form the basis for the Church's position.  In Gospel of Matthew, Jesus calls upon us to "welcome the  stranger,for what you do to the least of my brethren, you do unto me. " (Mt. 25-35, 40).

There is a deep mistake being made here, and we should try to understand what it is. The mistake is to confuse the private and public spheres and the different moralities pertaining to each.

Note first that if one scriptural passage can be invoked as a basis for public policy and law, then any can. We are enjoined in other New Testament places to "Resist not the evildoer," "Turn the other cheek," and the like. 

Injunctions such as these cannot be made the basis for public policy whatever value they have in the private sphere.

Imagine a society that implements a policy of not resisting (apprehending, trying, convicting, incarcerating) rapists, murderers, and miscreants generally. Such a society would seal its own death
warrant and cease to function. It is a fact of human nature that people, in the main, behave tolerably well only under threat of punishment. People for the most part do not do the right thing because  it is the right thing, but out of fear of punishment. This is not pessimism, but realism, and is known to be true by all unprejudiced students of history and society.  Conservatives know this 'with their bones'; liberals need to learn it the hard way.  Therefore not even a 'Christian' society can afford to make "Resist not the evildoer" a principle of public policy.

As for turning the other cheek, it is a policy that works well in certain atypical circumstances. If a man has a well-formed conscience, and is capable of feeling shame, then turning the other cheek in the face of his affront can achieve a result far superior to that achieved by replying in kind. Nonviolence can work. Gandhi's nonviolent resistance to the British may serve as an historical example. The Brits could be shamed and in any case Gandhi had no other means at his disposal. But imagine what would happen if Israel turned the other cheek in the face of its Islamist enemies who would blow it off the face of the earth at the first opportunity?

Once your enemy has reduced you to the status of a pig or a dog fit only to be slaughtered, then there is no way to reach him, shame him, or persuade him by acts of forebearance and kindness. You must resist him, with deadly force if necessary, if you wish to preserve your existence.  The evil triumph when the good fail to defend themselves.

But is it not better to suffer wrong than to inflict it, as Socrates maintained? Would it not be better to perish than to defend one's life by taking life? Perhaps, but only if the underlying metaphysics and
soteriology are true. If the soul is immortal, and the phenomenal world is of no ultimate concern — being a vale of tears, a place through which we temporarily sojourn on our way to our true home —
then the care of the soul is paramount and to suffer wrong is better than to inflict it.

The same goes for Christianity which, as Nietzsche remarks, is "Platonism for the people." If you are a Christian, and look beyond this world for your true happiness, then you are entitled to practice
an austere morality in your private life. But you are not entitled to impose that morality and metaphysics on others, or demand that the State codify that morality and metaphysics in its laws and policies. For one thing, it would violate the separation of Church and State. More importantly, the implementation of Christian morality would lead to the destruction of the State and the State's ability to secure life, liberty, and property — the three Lockean purposes for which we have a state in the first place.

The problem of confusing private and public morality is well understood by Hannah Arendt ("Truth and Politics" in Between Past and Future, Penguin 1968, p. 245):

The disastrous consequences for any community that began in all earnest to follow ethical precepts derived from man in the singular — be they Socratic or Platonic or Christian — have been frequently pointed out. Long before Machiavelli recommended protecting the political realm against the undiluted principles of the Christian faith (those who refuse to resist evil permit the wicked "to do as much evil as they please"), Aristotle warned against giving philosophers any say in political matters. (Men who for professional reasons must be so unconcerned with "what is good for themselves" cannot very well be trusted with what is good for others, and least of all with the "common good," the down-to-earth interests of the community.) [Arendt cites Nicomachean Ethics, Book VI, and in particular 1140b9 and 1141b4.]

There is a tension between man qua philosopher/Christian and man qua citizen. As a philosopher/Christian, I am concerned with my soul, with its integrity, purity, salvation. I take very seriously indeed the Socratic "Better to suffer wrong than to do it" and the Christian "Resist not the evildoer." But as a citizen I must be concerned not only with my own well-being but also with the public welfare. This is true a fortiori of public officials and people in a position to influence public opinion, people like Catholic bishops. So, as Arendt points out, the Socratic and Christian admonitions are not applicable in the public sphere.

A Catholic bishop, therefore, who is pro illegal immigration on the strength of the "welcome the stranger" passage demonstrates a failure to understand the simple point that Arendt undescores.

What is applicable to me in the singular, as this existing individual concerned with the welfare of his immortal soul over that of his perishable body, is not applicable to me as citizen. As a citizen, I
cannot "welcome the stranger" who violates the laws of my country, a stranger who may be a terrorist or a drug-smuggler or a human-trafficker or a carrier of a deadly disease or a person who has no respect for the traditions of the country he invades; I cannot aid and abet his law-breaking. I must be concerned with public order and the very conditions that make the philosophical and Christian life possible in the first place. If I were to aid and abet the stranger's lawbreaking, I would not be "rendering unto Caesar the things that are Caesar's."

Indeed, the Caesar verse provides a scriptural basis for Church-State separation and indirectly exposes the fallacy of the Catholic bishops who cannot comprehend the simple distinctions I have tried to set forth.

I Was Forced to Show My Papers!

Az_police_state_175 Things are really getting bad here in the fascist state of Arizona.  Why just this morning I was forced to show ID when I went to vote.  I strolled into the polling place looking a fright after several hours of hiking.  I introduced myself as 'King Blog' but that cut no ice with the  old ladies who manned the place.  They asked to see my driver's license! What chutzpah!  What bigotry!  A bunch of damned Nazis, if you want my opinion.  What if I forgot it, or never had one? Then the Nazi bastards would have disenfranchised me!  The very act of requesting ID is an act of disenfrachisement and intimidation.  Besides, it prevents me from voting twice, which I have the right to do.  I should have adapted a line from B. Traven's The Treasure of the Sierra Madre.  Papers?  I don't need no stinkin' papers!  I'm a human being.  You just hate me because I smell like I spent the night under a bridge.  I have the right to do whatever I want, wherever I want, and vote wherever I want and as many times as I want.

I'm gettin' the hell out of this rattlesnake infested inferno of gun-totin' yahoos, rednecked racists, and xenophobic immigrant-bashers.  I'm going where a man can be free.  I'm headed for the People's Republic of China.  "Live free or die," as I always say.

Michael Scarpalanda on Arizona Senate Bill 1070

Craig M. Thompson writes:

I have enjoyed your commentary on the current situation in Arizona.  I ran across an interesting article at The Witherspoon Institute on illegal immigration called Arizona, Congress, and the Immigration Mess.   And I was hoping that you might comment on some of the points that he makes against SB 1070.  Thanks for the consideration!

And thank your for alerting me to this article by Michael Scarpalanda, who holds the Gene and Elaine Edwards Family Chair in Law at the University of Oklahoma College of Law.  Here are some comments.

The article begins unpromisingly by referring to "Arizona's draconian response" to the problem of illegal immigration.  I must immediately protest.  To refer to SB 1070 as "draconian" is an egregious misuse of language.  One should not toss this word around without knowing what it means.  It derives from the name of the first legislator of written laws of Athens, Greece.  The harshness of Draco's code gave rise to the adjective 'draconian' which is properly applied only to laws and sanctions that are harsh, cruel, and unreasonable.  Now there is nothing draconian about SB 1070 as you may verify for yourself by simply reading it.  See also the fact sheet.

Turning now to the article, we read:

On April 30, 2010, Arizona’s governor signed SB 1070 into law, setting off waves of hyperbolic reactions and counter-reactions. Among other things, the law states that “for any lawful contact made by a law enforcement official or agency . . . where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made . . . to determine the immigration status of the person.” An alien unlawfully present can be taken into custody, charged with a state crime, and transferred to federal custody.

Several questions immediately arise. What is “lawful contact”? What constitutes “reasonable suspicion”? How will immigration status be determined?

Scarpalanda fails to mention that a week after Governor Brewer signed into law SB 1070, she signed into law House Bill 2162 which modifies and clarifies the language of 1070, in particular, the phrase "lawful contact."  For more on this, together with quotations from 2162, see this post of mine.

When cavils like those that Scarpalanda raises are made it is pretty good evidence that one is dealing with a liberal who simply does not want immigration laws enforced.  Not knowing anything about Scarpalanda, I cannot know whether this is true in his case.  But in the vast majority of cases of liberal-leftist hyperventilation over 1070 it is spectacularly clear that one is dealing with open borders types who do not respect the rule of law except when it can be invoked to further the leftist agenda.

Although the law forbids using race as the sole determining factor in forming “reasonable suspicion,” the law will undoubtedly have a disproportionate impact on Arizona’s Hispanic population, including those who are United States citizens or lawful permanent residents. How could it not? Race, ethnicity, and accent will almost surely be factors in deciding whether to verify a person’s immigration or citizenship status.

Again, Scarpalanda ignores the 2162 modifications of 1070, in particular, this one: "A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not solely consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution."

Scarpalanda is worried that the new law will have a "disproportionate impact on Arizona's Hispanic population."  But how could it fail to?  The majority of illegal aliens are Hispanic!  Here we note the twisted logic of the Politically Correct.  These people display an unthinking quota mentality: they think there is something unfair about a law if , when it is enforced, it affects more members of one  group than another, or affects a group 'disproportionately.'  But to think in this way is to show that one is morally obtuse.  Vastly more men than women abuse their spouses.  But it is surely no valid argument against laws prohibiting spousal abuse that they disproportionately 'target' men.  Because more men commit this crime than women, it is to be expected that more men will be 'targeted.'  Similarly, because more Hispanics than Asians or Blacks or Caucasians violate immigration laws in such southern border states as Arizona, it is to be expected that Hispanics will be disproportionately affected by the enforcement of immigration laws.  It is only to be expected, and there is nothing unjust about it.

Despite  the shoddiness of most of Scarpalanda's article (failure to link to the relevant documents, failure to take into consideration the House bill's modification of the Senate bill, use of the bad argument just exposed), his positive proposals near the end are actually quite reasonable: secure the borders to stem the tide of future illegals; provide for the legalization of the the large numbers of productive, non-criminal illegals already here; adopt a temporary worker program.

But Job One is to secure the border by building and maintaining a physical barrier that stretches from the Pacific Ocean to the Gulf of Mexico.  All the better heads agree on this. 

 

Heidegger: Nazi Philosopher or Nazi Philosophy?

My old friend Horace Jeffery Hodges over at Gypsy Scholar  comments on a New York Times book review by Adam Kirsch entitled The Jewish Question: Martin Heidegger.  One of the books reviewed is  Emmanuel Faye's The Introduction of Nazism Into Philosophy in Light of the Unpublished Seminars of 1933-1935 (translated by Michael B. Smith).  Hodges writes,

I'd be interested to know what my philosopher friend Bill Vallicella thinks about this matter, for I can mostly just direct attention to a matter outside my expertise. Heidegger's personal culpability is beyond question, but the question concerning the culpability of his philosophy remains, and I think it an important one, intellectually, for Heidegger the philosopher is considered a major thinker of the 20th century, and his ideas have influenced the intellectual left, continental philosophy, literary criticism, theology, and many other fields.

I thank  Jeff for the link and for his interest in my opinion.  As it turns out, I had already commented on an earlier NYT article on Faye's book and so I will now repost with some additions and deletions my commentary on that earlier article.  In so doing I will engage Hodges' question concerning whether culpability is as it were transmissible from a thinker to his thought.

I should begin by saying that I haven't yet read Emmanuel Faye's Heidegger: The Introduction of Nazism into Philosophy.  But if the earlier NYT article is to be trusted — a big 'if' —  Faye's book

. . . calls on philosophy professors to treat Heidegger’s writings like hate speech. Libraries, too, should stop classifying Heidegger’s collected works (which have been sanitized and abridged by his family) as philosophy and instead include them under the history of Nazism. These measures would function as a warning label, like a skull-and-crossbones on a bottle of poison, to prevent the careless spread of his most odious ideas, which Mr. Faye lists as the exaltation of the state over the individual, the impossibility of morality, anti-humanism and racial purity.

If this is what Faye is saying, then his book is rubbish and ought to be ignored.  Hate speech?  That's a term leftists use for speech they don't like.  No one in his right mind could see Heidegger's magnum opus, Sein und Zeit  (Being and Time),  published in 1927, as anything close to hate speech.  The claim that it is is beneath refutation.  Nor can his lectures and publications after 1933, when Hitler came to power, be dismissed in this way.

Heidegger undoubtedly inspires violent passions: he was a National Socialist, and what's worse, he never admitted he was wrong about his political alignment.   But according to Michael Dummett, the great logician Gottlob Frege was an anti-Semite.  (Dummett says this in either the preface or the introduction to Frege: The Philosophy of Language. ) Now will you ignore Frege's seminal teachings because of his alleged anti-Semitism?  That would be senseless.  And let's not forget that the later Jean-Paul Sartre was not just a Commie, but a  Stalinist.  Should Critique of Dialectical Reason be dismissed as hate speech?  Should we deny Sartre the title 'philosopher' and re-classify him as a Commie ideologue?  Of course not.  And please no double standard.  Why is being a Nazi worse than being a Stalinist?  Why is murdering people because of their ethnic affiliation worse than murdering people  because of their class affiliation?

You have two highly influential philosophers.  One aligns himself politically with the mass murderer Hitler, the other with the mass murderer Stalin.  That is extremely interesting, and no doubt troubling, but in the end it is truth that we philosophers are after, and in pursuit  of it we should leave no stone unturned:  we should examine all ideas in order to arrive as closely as we can to the truth.  All ideas, no matter what they are, whether they come from a Black Forest ski hut or a Parisian coffee house, or the syphilitic brain of a lonely German philologist.  Haul them one and all before the tribunal of Reason and question them in the full light of day.  To understand the content of the ideas it may be necessary to examine the men and women behind them.  But once a philosopher's propositions have been clearly set forth, the question of their truth or falsity is logically independent of their psychological, or sociological, or other, origin.  To think otherwise is to commit the Genetic Fallacy.

Sartre claimed that man has no nature, that "existence precedes essence." He got the idea from Heidegger's Sein und Zeit, p. 42:  Das 'Wesen' des Daseins liegt in seiner Existenz.  It  is an interesting and influential idea.  What exactly does it mean?  What does it entail?  What does it exclude?  What considerations can be adduced in support of it?  Questions like these are what a real philosopher pursues.  He doesn't waste all his time poking into the all-too-human philosopher's dirty laundry in the manner of Faye and Romano.  Are people in this Age of Celebrity incapable of focusing on ideas?

And then there is Nietzsche.  If the Gesamtausgabe of Heidegger ought to be marked with a skull-and-crossbones, then a fortiori for the Gesammelte Schriften of Nietzsche.  There are dangerous ideas in Nietzsche.  See my post Nietzsche and National Socialism.  Indeed, Nietzsche's ideas are far more dangerous than Heidegger's.  Should we burn Nietzsche's books and brand The Antichrist as hate speech? Stupid!

The Nazis burned books and the Roman Catholic Church had an index librorum prohibitorum.  Now I don't deny that certain impressionable people need to be protected from certain odious influences. But Heidegger writings are no more 'hate speech' (whatever that is) than Nietzsche's writings are, and they don't belong on any latter-day leftist's index librorum prohibitorum.    Are they both philosophers?  Of course.  Are they on a par with Plato and Kant?  Not by a long shot!  Are their ideas worth discussing?  I should think so: they go wrong in interesting ways.  Just like Wittgenstein and many others. 

According to Carlin Romano in "Heil Heidegger!"

Faye's leitmotif throughout is that Heidegger, from his earliest writings, drew on reactionary ideas in early-20th-century Germany to absolutely exalt the state and the Volk over the individual, making Nazism and its Blut und Boden ("Blood and Soil") rhetoric a perfect fit. Heidegger's Nazism, he writes, "is much worse than has so far been known." (Exactly how bad remains unclear because the Heidegger family still restricts access to his private papers.)

From his earliest writings? Absurdly false.  Heidegger's dissertation was on psychologism in logic, and his Habilitationschrift was on Duns Scotus.  No exaltation of the State or Blut und Boden rhetoric in those works.  Trust me, I've read them.  Have Faye and Romano?

One more quotation from Romano:  "The "reality of Nazism," asserts Faye, inspired Heidegger's works "in their entirety and nourished them at the root level."   That is an absurd claim.  The ideas in Being and Time were worked out in the 1920s, long before Hitler came to power in '33, and are a highly original blend of themes from Kierkegaard's existentialism, Dilthey's Lebensphilosophie, Husserl's Phenomenology, Kantian and ne0-Kantian transcendental philosophy, and Aristotelian-scholastic ontological concerns about the manifold senses of 'being.'  There is no Nazism there.  The rumblings of Nazi ideology came later in such works as Introduction to Metaphysics (1935).  But even in these works from the '30s on, what is really going on is a working out of Heidegger's philosophical problematic concerning Being.  The notion that Heidegger's work is primarily an expression of Nazism is delusional and not worth discussing.

So why did I discuss it?

 

More on Immigration Law: Arizona House Bill 2162. Response to Reppert

On Friday, Arizona Governor Jan Brewer signed HB 2162 which modifies and clarifies SB 1070 which was signed into law the week before.  Here is a passage from 1070 which is constantly misrepresented in the liberal press, including the Arizona Republic newspaper:

FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS  UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,  WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. (lines 20-26, p. 1)

The misrepresentors leave out (intentionally?) the bit about 'lawful contact.'  Where the bill has 'lawful contact,' the 1070 fact sheet has 'legitimate contact.'  It amounts to the same: lex, legis, is Latin for 'law.'  Now 'lawful contact' would naturally be interpreted to refer to contact between a law enforcement officer and a person during the course of a traffic stop and similar situations where a law has been broken.  Victor Reppert, in his response to me, makes a good point.  Because 1070 makes it a state crime to be an illegal alien, "it would seem to me that any attempt to determine whether the crime of being here illegally had been committed would constitute a legitimate [lawful] contact. "  Whether or not this is so, the house bill  provides clarification of 'lawful contact' and removes Reppert's worry:


Continue reading “More on Immigration Law: Arizona House Bill 2162. Response to Reppert”

More on Arizona Senate Bill 1070

Joseph A.  e-mails:

I greatly admire Victor Reppert for a number of reasons – I think the Argument from Reason is pretty amazing and effective when formulated and defended well, and Victor remains one of the most soft-spoken and polite bloggers around.

Agreed.

But a number of thoughts occurred to me when reading his and your post.

Victor shows some deep distrust of law enforcement officials – he mentions how there's plenty of Mark Fuhrmans on the police force, and basically asserts that he doesn't trust them to enforce laws like this appropriately.

Continue reading “More on Arizona Senate Bill 1070”

Arizona Senate Bill 1070

Arizona Senate Bill 1070 "requires a reasonable attempt to be made to determine the immigration status of a person during any legitimate contact made by an official or agency of the state or a county, city, town . . . if reasonable suspicion exists that the person is an alien who is unlawfully present in the U.S."  See here and here for the full text.

That illegal aliens and those who profit from them should object to this legislation comes as no surprise.  But it does come as a bit of surprise to find native Arizonan Victor Reppert, who to my knowledge neither employs, nor defends in courts of law, nor otherwise profits from illegal aliens, saying this at his blog:

Police in our state have now been given the authority to demand papers on anyone of whom they have a reasonable suspicion that they are illegal aliens. The trouble is, about the only reason for suspicion that I can think of that someone is in the country illegally is if they have brown skin, or speak Spanish instead of English, or English with an Mexican accent.

I'm afraid Victor isn't thinking very hard.  He left out the bit about " during any legitimate contact made by an official . . . ."  Suppose a cop pulls over a motorist who has a tail light out. He asks to see the motorist's driver's license.  The driver doesn't have one.  That fact, by itself, does not prove that the motorist is an illegal alien; but together with other facts (no registration, no proof of insurance, speaks no English . . .) could justify an inquiry into the motorist's immigration status.  Hundreds of examples like this are generable ad libitum.

S. B. 1070 is a reasonable response  to the Federal government's failure to enforce U. S. immigration law.  Border control is a legitimate, constitutionally-grounded function of government. (See Article I, Section 8 of the U.S. Constitution.)  When the Feds fail to uphold the rule of law, the states, counties, etc. must do so.  If you don't understand why we need border control, I refer you to my longer piece, Immigration Legal and Illegal.

According to one 'argument,' Arizona Senate Bill 1070 disproportionately targets Hispanics and is objectionable for that reason.  That's like arguing that the RICO statutes disproportionately target Italians.  I don't know whether people of Italian extraction are disproportionately involved in organized crime, but if they are, then that is surely no valid objection to the RICO statutes.  The reason Hispanics will be disproportionately affected is because they disproportionately break the immigration laws.    The quota mentality is behind this 'argument.'

Immigration Legal and Illegal

A reader from Down Under poses this question:

America is experiencing immigration problems somewhat like Australia's. The idea of  'multiculturalism' some would say is beginning to show its flaws. Who do you believe should be allowed to enter your country? Please feel free to be as politically incorrect as you like.

1. First of all, one must insist on a distinction that many on the Left willfully ignore, that between legal and illegal immigration. (Libertarians also typically elide the distinction.)  Legal and illegal immigration are separate, logically independent, issues. To oppose illegal immigration, as any right-thinking person must, is not to oppose legal immigration. So, to answer one of your questions, no one should be allowed to enter illegally. But why exactly? What's wrong with illegal immigration? Aren't those who oppose it racists and xenophobes and nativists? Doesn't everyone have a right to migrate wherever he wants?

2. The most general reason for not allowing illegal immigration is precisely because it is illegal.  If the rule of law is to be upheld, then reasonable laws cannot be allowed to be violated with impunity simply because they are difficult to enforce or are being violated by huge numbers of people.  Someone who questions the value of the rule of law is not someone it is wise to waste time debating.

3. There are several sound specific reasons for demanding that the Federal government exercise its legitimate, constitutionally grounded (see Article I, Section 8 of the U.S. constitution) function of securing the national borders, and none of these reasons has anything to do with racism or xenophobia or nativism or any other derogatory epithet that slanderous leftists and libertarians want to attach to those of us who can think clearly about this issue.

There are reasons having to do with national security in an age of terrorism. There are reasons having to do with assimilation, national identity, and comity. There are considerations of fairness in respect of those who have entered the country legally by satisfying the requirements of so doing. There are reasons having to do with the importation of contraband substances into the country. There are reasons having to do with increased crime. Last but not least, there are reasons pertaining to public health. With the concern over avian influenza, we have all the more reason to demand border control.

Borders are a body politic's immune system. Unregulated borders are deficient immune systems. Diseases that were once thought to have been eradicated have made a comeback north of the Rio Grande due to the unregulated influx of population. These diseases include tuberculosis, Chagas disease, leprosy, Dengue fever, polio, and malaria.

You will have noticed how liberals want to transform into public health issues problems that are manifestly not public but matters of private concern, obesity for example. But here we have an issue that is clearly a public health issue, one concerning which Federal involvement is justified, and what do our dear liberals do? They ignore it. Of course, the problem cannot be blamed solely on the Democrat Party. Republicans like Bush and McCain are just as guilty. On immigration, Bush was clearly no conservative; he was a libertarian on this issue. A libertarian on some issues, a liberal on others, and a conservative on far too few.

4. Many liberals think that opposition to illegal immigration is anti-Hispanic. Not so. It is true that most of those who violate the nation's borders are Hispanic. But the opposition is not to Hispanics but to illegal entrants whether Hispanic or not. It is a contingent fact that Mexico is to the south of the U.S. If Turkey or Iran or Italy were to the south, the issue would be the same. And if Iran were to the south, and there were an influx of illegals, then then leftists would speak of anti-Persian bias.

A salient feature of liberals and leftists — there isn't much difference nowadays — is their willingness to 'play the race card,' to inject race into every issue. The issue of illegal immigration has nothing to do with race since illegal immigrants do not constitute a race. There is no such race as the race of 'llegal aliens.' Opposition to them, therefore, cannot be racist.

"But aren't some of those who oppose illegal immigration racists?" That may be so, but it is irrelevant. That one takes the right stance for the wrong reason does not negate the fact that one has taken the right stance. One only wishes they would take the right stance for the right reasons.  Even if everyone who opposed illegal immigration were a foaming-at-the-mouth redneck of a racist, that would not detract one iota of cogency from the cogent arguments against allowing illegal immigration.  To think otherwise is to embrace the Genetic Fallacy.  Not good.

5. The rule of law is a precious thing. It is one of the supports of a civilized life. The toleration of mass breaking of reasonable and just laws undermines the rule of law.

6. Part of the problem is that we let liberals get away with obfuscatory rhetoric, such as 'undocumented worker.' The term does not have the same extension as 'illegal alien.'  I discuss this in a separate post.  But having written thousands of posts, I don't quite know where it is.

7. How long can a welfare state survive with open borders?  Think about it.  The trend in the USA for a long time now has been towards bigger and bigger government, more and more 'entitlements.' It is obviously impossible for purely fiscal reasons to provide cradle-to-grave security for everyone who wants to come here.  So something has to give.  Either you strip the government down to its essential functions or you control the borders.  The first has no real chance of happening.  Quixotic is the quest  of  strict constructionists  and libertarians who call for it.  Rather than tilting at windmills, they should work with reasonable conservatives to limit and eventually stop the expansion of government.  Think of what a roll-back to a government in accordance with a strictly construed constitution would look  like.  For one thing, the social security system would have to be eliminated.  That won't happen.  Libertarians are 'losertarian' dreamers.  They should wake up and realize that politics is a practical business and should aim at the possible.  By the way, the pursuit of impossible dreams is common to both libertarians and leftists.

8. Even though contemporary liberals show little or no understanding for the above arguments, there are actually what might be called 'liberal' arguments for controlling the borders:

A. The Labor Argument. To give credit where credit is due, it was not the conservatives of old who championed the working man, agitated for the 40 hour work week, demanded safe working conditions, etc., but liberals. They can be proud of this. But it is not only consistent with their concern for workers that they oppose illegal immigration, but demanded by their concern. For when the labor market is flooded with people who will work for low wages, the bargaining power of the U.S. worker is diminished. Liberals should therefore oppose the unregulated influx of cheap labor, and they should oppose it precisely because of their concern for U. S. workers.

By the way, it is simply false to say, as Bush, McCain and other pandering politicians have said, that U.S. workers will not pick lettuce, clean hotel rooms, and the like. Of course they will if they are paid a decent wage. People who won't work for $5 an hour will work for $20. But they won't be able to command $20 if there is a limitless supply of indigentes who will accept $5-10.

B. The Environmental Argument. Although there are 'green' conservatives, concern for the natural environment, and its preservation and protection from industrial exploitation, is more a liberal than a conservative issue. (By the way, I'm a 'green' conservative.) So liberals ought to be concerned about the environmental degradation caused by hordes of illegals crossing the border. It is not just that they degrade the lands they physically cross, it is that people whose main concern is economic survival are not likely to be concerned about environmental protection. They are unlikely to become Sierra Club members or to make contributions to the Nature Conservancy. Love of nature comes more easily to middle class white collar workers for whom nature is a scene of recreation than for those who must wrest a livelihood from it by hard toil.

C. The Population Argument. This is closely related to, but distinct from, the Environmental Argument. To the extent that liberals are concerned about the negative effects of explosive population increase, they should worry about an unchecked influx of people whose women have a high birth-rate.

D. The Social Services Argument. Liberals believe in a vast panoply of social services provided by government and thus funded by taxation. But the quality of these services must degrade as the number of people who demand them rises. To take but one example, laws requiring hospitals to treat those in dire need whether or not they have a means of paying are reasonable and humane — or at least that can be argued with some show of plausibility. But such laws are reasonably enacted and reasonably enforced only in a context of social order. Without border control, not only will the burden placed on hospitals become unbearable, but the justification for the federal government's imposition of these laws on hospitals will evaporate. According to one source, California hospitals are closing their doors. "Anchor babies"  born to illegal aliens instantly qualify as citizens for welfare benefits and have caused enormous rises in Medicaid costs and stipends under Supplemental Security Income and Disability Income.

The point is that you can be a good liberal and oppose illegal immigration. You can oppose it even if you don't care about about increased crime, terrorism, drug smuggling, disease, national identity, national sovereignty, assimilation, the rule of law, or fairness to those who have immigrated legally. But a 'good liberal' who is not concerned with these things is a sorry human being.

I hope I have been politically incorrect enough for my reader's taste.

  

What the Fight is About

As Michael Barone understands, " the issue on which our politics has become centered — the Obama Democrats' vast expansion of the size and scope of government — is really not just about economics. It is really a battle about culture, a battle between the culture of dependence and the culture of independence."

Anti-Tea Party Bias in the New York Times

The usual left-wing tilt of the NYT's Tea Party coverage is not so egregious in this recent piece.  But even when they try to be fair they can't seem to pull it off.  The piece opens with the following sentence:

The Tea Party Movement is a diffuse American grass-roots group that taps into antigovernment sentiments.

"Diffuse American grass-roots group" is just right: accurate and ideologically neutral.  But then, right on its heels, two pieces of blatant bias.

First, the movement is not fairly described as "antigovernment."  To be opposed to an ever-expanding government, one that recognizes few or no limits, constitutional or otherwise, to the extension of its powers, is not to be opposed to government as such.   To put it in simple terms that even a liberal can understand: to oppose BIG government is not to oppose government.  Tea Party supporters are for the most part conservatives, with a sizable admixture of libertarians.  Neither conservatives nor libertarians are opposed to government as such, though they disagree as to its legitimate size and scope.  But neither want no government.  (The only exception to this is the extreme fringe of the libertarian movement that shades off into anarchism.  But these fringe folk are few in number and negligible in political clout.) 

Second, it is not "sentiments," feelings, emotion, anger, that are at the source of the Tea Party protests but legitimate concerns based in fact and reason.  It is precisely the Tea Partiers arguments that lefties will never address.  Their tactic is to deflect attention from the arguments by psychologizing their proponents.  And so they go on ad nauseam about voter anger and the like.

The piece I am quoting from is not on the OP-Ed page.  It is supposed to be a piece of reportage.  But we cannot get through even the first sentence without banging into leftist bias.