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. 

Scenes From a Tea Party

The party line of the Democrats and their fellow travellers is that the Tea Party Movement is fueled by racism.  The moral scum who make these absurd and scurrilous allegations ought to be ashamed of themselves.  I name names and go into details in other posts which you will find in the Race and Leftism categories.  But just to verify what I already had excellent reasons for believing, namely, that there is no racist motivation to speak of behind the Tea Party protests, I decided I'd better attend one, which I did today.  I visited one of the lesser gatherings of the day here in the Valley of the Sun, one held at Freestone Park, Gilbert, Arizona.  The main speaker was Maricopa County Sheriff Joe Arpaio.  There was no racism apparent in the signs, the speakers, or the people I observed and spoke with.  No racism, no extremism, no xenophobia, no overheated rhetoric, no incitements to violence.  Just trenchant political dissent in the good old liberty- and free speech-loving American style, something that leftists don't understand, laboring as they do under the strange conceit that they own dissent, as if dissent were something inherently leftist. Here are some amateur shots of the event by your humble correspondent.

Continue reading “Scenes From a Tea Party”

The Racism Charge: The Left’s Attempt to Shut Down Debate

In The Faith of a Liberal, Morris Raphael Cohen writes that "The touchstone that enables us to recognize liberalism is the question of toleration . . . ." Now if toleration is the touchstone of liberalism, there is nothing liberal about contemporary liberals.  They should therefore not be called 'liberals' but leftists.  There is nothing tolerant about them.  They show no interest in open discussion, free inquiry and the traditional values of classical liberalism.  And they are poor winners to boot.  With the passage of the health care bill they scored a victory.  So why all the querulous fulmination against the Tea Party patriots to whom the  lefties love to refer as 'teabaggers'?  Why, in particular, the routinely repeated charge of 'racism'?

This is now the party line of the Dems and toe it they will as witness the otherwise somewhat reasonable and mild-mannered Alan Colmes in this segment, Political Hatred in America, from The O'Reilly Factor. Colmes begins his rant around 6:07 with the claim that "what is driving this [the Tea Party protests] is racism."  It looks as if Colmes is under party discipline; otherwise, how could so intelligent and apparently decent a man say something so blatantly false and scurrilous?  That something so silly and vicious should emerge from the mouth of a twit like Janeane Garofalo is of course nothing to wonder at. What idiocies won't HollyWeird liberals spout?  But Alan Colmes?  If we remember that for the Left the end justifies the means, however, things begin to fall in place.  The Left will do anything to win. Slanders, smears, shout-downs . . . all's fair in love and war.  Leftists understand and apply what I call the Converse Clausewitz Principle: Politics is war conducted by other means.

When leftists hurl their 'racism' charge, just what are they alleging?  Two possibilities.

A.  One is that the arguments brought against Obama's policies are not arguments at all but mere expressions of racism and bigotry.  But this 'possibility' is beneath refutation.  Make a simple distinction.  There is Obama and there are his policies.  Obama is black, or rather half-black and half-white, but his policies are not members of any race.  White leftists advocate the same policies. Arguments against the policies are not attacks against the man.  Need I say more?

B.  The other interpretive possibility is that the conservative arguments are genuine arguments, not mere expressions of racism and bigotry, but that the can be refuted by claiming that the people who advance them are all, or most of them, racists.  But of course it is egregiously FALSE that all or most or even many of these people are racists.  Only some of them are.  But then there are 'bad apples' in every bunch, so this fact is not significant.

But even if we suppose, contrary to fact,  that every single conservative who argues against Obama's policies is a flaming racist, that has no bearing on the validity or invalidity of the conservative arguments.  To think otherwise is to commit the genetic fallacy.  Again, need I say more?

Welcome to Civil War

To Dennis Prager's "The bigger the government the smaller the citizen," I add my "The bigger the government, the more to fight over."  The more the government takes over, the more they violate the individual liberty of the citizens, the more they insinuate themselves into every aspect of your life, the more protests, the more lobbying, the more lawsuits, the more money and time wasted on pointless bickering.  I floated my observation months ago and recent events demonstrate its accuracy.  Brace yourself  for ever larger doses of acrimony as the months and years wear on.  Some are speaking of civil war.  It's a Civil War: What We Do Now.

David Harsanyi's The Mugging of Personal Freedom is worth reading.

Bernard Goldberg on Health Care

Bernard_goldberg_whitebg_252 I enjoy Bernie Goldberg's commentary on The O'Reilly Factor and I generally agree with it.  But I just heard him say something that is not quite right.  He sees the leftist-conservative disconnect on the recent health care legislation in the following terms:  for leftists it is a moral and civil rights issue whereas for conservatives it is an economic issue.  Leftists are for it because they think citizens (and presumably anyone who resides in this country whether legally or illegally) have a RIGHT to it, whereas conservatives are against it because the country cannot afford it.  (If you listened to that preternatural dumbass Nancy Pelosi last night, you heard her lame attempt to 'derive' the positive right to health care from the genuine constitutionally grounded negative rights of life, liberty and the pursuit of happiness.)

But Goldberg's is a superficial analysis.  It is true that we cannot afford it.  Hell, we cannot afford the entitlements already in place.  See here for a breakdown of medicare expenditures.  But the conservative objection is not merely an economic one.  It too is a moral objection:  it is morally wrong, among other things, for the government to force its citizens, on pain of being heavily fined, to buy a privately-sold product such as health insurance.  It is an affront to the liberty which is our birthright as Americans.  Think about it:  they are going to force you to buy something from a private company, 'for your own good'  whether you can afford it, want it, or need it.  Now either you see what is wrong with that or you don't.  If you don't then I put you down as hopeless.

This is a liberty issue before it is a 'green eyeshade' issue.  In this respect it is no different from taxation.  It too is a liberty, and hence a moral, issue long before it is an economic issue.  But individual liberty is one of those things that 'liberals' don't understand (unless it is the liberty to be a cultural-polluter) — which is one of the reasons we should retire the word 'liberal' and call leftists what they are.  We contemporary conservatives have a much better claim to the 'liberal' label.

Goldberg made a mistake tonight that conservatives routinely make.  They fail to see that they do in fact occupy the moral high ground, or perhaps I should say that they are strangely reticent about proclaiming the morality of their position.  When they put the issues in economic terms alone they play right into the hands of their opponents who are all too eager to paint them as mean-spirited, moneygrubbing protectors of their supposed economic privileges.

Liberty took a beating yesterday.  That's the main thing.  The economic considerations, important as they are, are secondary.  Bill and Bernie need to 'wise up' to use Bill's expression.  This war is about ideas first and money only second.

Now the Battle Begins in Dead Earnest

Speaker Pelosi really outdid herself last night in point of mendacity.  She referred to the opening sentence of the second paragraph of the Declaration of Independence: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness . . ."  She then tried to link yesterday's successful leftist takeover of the health care system to the principles and values of this great document, suggesting that there is a right to health care.  How's that for chutzpah?  What is despicable about her and her ilk is their mendacity: they know full well that their welfare state principles are radically at odds with the founders' conception of limited government, but they refuse to state clearly to the American people what they stand for.

But it ain't over til it's over and these lying leftists will have hell to pay.  The battle is just beginning.  Some commentary:  Victor Davis Hanson, Newt Gingrich, Varadarajan, Trende.