by Country Thinker | January 2nd, 2012
I hope I’m not the only one who sees a problem with this picture.
Thoughts on Law
Before I get started, I want to wish everyone a Happy New Year, and I sincerely wish nothing but the best for everyone in 2012. I bring this up because, in the often contentious world of blogging, it is easy to let differences to divide us rather than to unite. In the end we are all human, with hopes and dreams, families and friends, and strengths and weaknesses. As a blogger I try my best (imperfectly, no doubt) to keep these realities in mind when opining on subjects that draw strong emotional responses, and to be sensitive to the fact that at all times there will be those who disagree with me.
That said, I’m going to start the year with a subject that I disagree with some of my closest colleagues—conservative Tea Partiers. As many of you know, I am a libertarian Tea Partier, and the Tea Party isn’t an ideological monolith. We are unified by the desire for constitutional, limited government, but are divided on many other issues.
One of those issues is immigration. I was reminded of this fact this weekend when I received an email rant from a fellow Tea Partier that expressed in capital letters that we must CLOSE OUR BORDERS! My head nearly explodes when I hear the anti-immigration sentiment of conservatives, and it reinforces my belief that modern American conservatism isn’t a political philosophy as much as it is a punch list of policy positions that are all too often inconsistent or in opposition.
I have so many thoughts that go through my head when I hear anti-immigration sentiment from conservatives that perhaps it would be best if I simply present them as a list.
1) As Judge Andrew Napolitano explained in Reason last month, immigration is bound up in the constitutionally protected right to travel. The right to travel is so fundamental to liberty that the Founders didn’t explicitly list in Bill of Rights as they did the Articles of Confederation. Because the right to travel (which includes immigration/emigration) is an inalienable right, liberty-lovers should be wary of immigration restrictions, not staunch advocates thereof. It is inconsistent to claim to be a defender of the constitution and an opponent of liberal immigration policies.
2) While I support liberalizing our immigration laws, I am staunchly opposed to amnesty for illegal immigrants ala Reagan. The rule of law is one of the core elements for economic growth, and at all times we should be leery of ignoring the law, regardless of how poorly conceived. There are times when unjust laws should be rejected (e.g., jury nullification), but that is a remedy that should be avoided when other solutions are available. There are better solutions to the illegal immigration problem than amnesty.
3) At its core, illegal immigration is a black market in labor. Black markets reflect heavy-handed interference in free markets. Just as alcohol prohibition did little to halt alcohol consumption, strict labor laws have done little to stop the flow of labor across our southern border. Our immigration laws are anti-free market and anti-constitutional, and support thereof is advocacy of big government repression. Small government conservatives who shout “close the border” should recognize the inconsistency of their immigration position.
4) “Close the border.” Drone strikes in Pakistan. Do you see the inconsistency?
5) Our border problems reflect two completely different issues. One is the black market for labor. One is the black market for drugs. To resolve either you must resolve the underlying economic problem. A fence cannot defeat the “invisible hand” of the free market.
6) The black market for labor—as well as appallingly high unemployment among young minorities—is partially a function of minimum wage laws.
7) The black market for labor is also a function of protectionist, restrictive immigration laws. As Bastiat explained in The Law, protectionism, along with socialism and communism, are branches of the same tree. I find it peculiar that so-called small government conservatives would adopt an immigration stance that puts them in the same room as Marxists. (And Ron Paul and Gary Johnson are isolationists? Please.)
8) “Mr. Gorbachev, tear down that wall!” Ironic, eh?
9) George W. Bush’s guest worker proposal was one of his rare moments of policy wisdom. We need to provide documentation for workers in our country, It was no surprise that neither of his two best ideas—immigration and Social Security reform—gained any traction, while his worst ideas—Sarbanes-Oxley, Medicare Part D, the Patriot Act, and TARP—all passed easily.
10)A recent study by economist Michael Clemens showed that a 5% increase in immigration from poor countries to wealthy countries would increase global GDP by trillions of dollars. That should come as no surprise. Heavy-handed immigration laws are by definition anti-free market, and policies in opposition to free markets are anti-growth.
11) Two of my grandparents emigrated fromGermanyin 1932 (they met on the boat coming over). A third was born shortly after my great-grandfather and his brothers arrived fromFinlandin 1907. It is unlikely that all would have been granted permission to move here under our current immigration laws, meaning I wouldn’t exist under current law.
12) The black market for drugs is primarily a function of the War on Drugs. The Latin American drug cartels and inner city gangs that fund their activities through the sale of drugs are modern day incarnations of Al Capone’s gang, which funded itself with the black market sale of alcohol. The repeal of alcohol did not make the problem of alcohol abuse go away, but it brought the problem above ground, with education and treatment as the main weapons in the War on Booze. Ending the War on Drugs would have the same effect. “Closing the Border” without resolving the underlying economic problem has not made the drug problem go away, but it has made it more violent.
13) Presidential candidate Rick Perry has said that it might be necessary to send troops into Mexico. Is this with or without their permission?
14) So what should we do? First, grant work Visas to anyone who wants one who isn’t a violent criminal or suspected terrorist. Second, we need to drastically increase the number of immigrants who are granted citizenship. Third, if we complete steps 1 and 2, if anyone is caught in the country illegally, they are forbidden from applying for either a work visa or citizenship for ten years. Fourth, we need to end the War on Drugs. If we take all of these free market steps, a wall on our southern border won’t be necessary.
Final Thoughts
The border problem is a classic example of Polawnics—the intersection of politics, law, and economics. The conservative “close the border” solution is no solution at all because it fails to address the underlying economic issues of the black markets for labor and drugs. Worse, it is anti-constitutional, anti-free market, quasi-Marxist protectionism. I fail to understand how present-day American conservatives can support “close the border” as the primary solution as to our border problems and still claim to be constitutional small government free marketers.
Conservatism is said to be a three-legged stool. But, the three legs are not made of the same wood. In any event, a three-legged stool is inherently unstable. The inexplicable conservative obsession with “close the border” as a solution to complex economic events is but an example.
Happy New Year, and if you disagree with this piece, let us use our disagreement to unite us in intelligent discussion about complicated problems that confront our nation.
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It is inconsistent to claim to be a defender of the constitution and an opponent of liberal immigration policies.
I don’t follow your argument. Nowhere does the constitution prohibit the federal government making and enforcing immigration laws. A fundamental component of sovereignty is control of who comes in and who becomes a resident or citizen.
I do not believe in unlimited immigration. I get the underlying concept, and it works so long as all things are equal and Americans could just as easily decamp and be accepted in other countries they way you advocate we accept immigrants. We’re not there. There is a vast gap in wage and benefit and government social services between us and other countries.
Like much of the more hardcore anarcho-libertarian theories, it sounds good but is impractical in the real world.
Other than that I pretty much agree. Properly regulated immigration is a net gain for our nation.
silverfiddle recently posted..Soft Secession
We actually aren’t that far apart. Note that I did not say unlimited immigration. In fact, I specifically proposed to increase the number of new citizens to enter, but not to make it wide-open. Regarding the Constitution, immigration is a part of the inalienable right to travel. Defenders of the Constitution should support should support reasonable immigration policies and see that the problem of illegal immigration is evidence of an unreasonable economic situation. Building a wall won’t stop the problem. Curing the underlying disease just might.
Country Thinker recently posted..Conservative Inconsistency and the Border
All the Republicans who are speaking out on the core issues have approached the alarming problem of illegal immigration in different ways. Former House speaker Newt Gingrich has already presented himself as a passive politician and caused public uproar. We already have government policies with court enacted laws forcing the 50 states to extend public assistance programs, opening them up to 20 million plus illegal alien populace within our country. These persons have slipped past border agents or jetted here from other nation and then we are forced to support them? Gingrich, as a potential President paralyzed a large proportion of his audiences prior to the Iowa caucus, stating he would even entertain some path to legitimacy, but devoid of citizenship. This is certainly not agreeable with the millions in the TEA PARTY member, as this would just pilot to an even larger avalanche of poor people from other countries. Mitt Romney and Michelle Bachmann jumped, almost instantly on Gingrich plan as “amnesty” which it most certainly is, as it just adds up to pardoning people who criminally stole in this country, without permission.
That is what immigration laws are for and must be observed. Anybody who thinks that a poorly secured border is not going to lure, as a temptation in running the enforcement gauntlet needs to see a shrink? Each year “The Pew Research Center” estimates 500.000 untracked people arrive here either by plane or slip past the open areas, not covered by the border fence. How can anybody say that theses impoverished people are not going to take advantage of Gingrich formula? After Reagan’s 1986 amnesty the numbers climbed dramatically, because of rampant fraud and a disinterested administrations that should have prosecute business who hired foreigners. George Bush passed the 2006 Secure Fence Act, but as of today, the money was never appropriated. Consider these facts; If Congress was unwavering in halting illegal immigration, they would have passed laws to make it a—FELONY. Additionally if Congress had the desire to eventually close the border tight, the 2006 secure fence would have already been completed, as two fences parallel to each other and decked with concertina razor wire? Those two enforcement laws, would also kept the criminals out and allowed the US border Patrol to rove in between the fences rapidly, to apprehend foreign nationals? New tea Party leaders will ensure no amnesties, no Sanctuary cities or Dream Acts. Governors, Judges, chief of police or lower official will be prosecuted for any misconduct of the 1986 IRCA laws, together with loss of federal funding.
The current questionable push by the Liberal press is illegal aliens do pay taxes. Yes many do, but they are using either a stolen Social Security numbers, or an IRS number known as an ITIN number. A substantial motivation is they have no choice, if they want to get on a payroll job? Then according to the ‘Heritage Foundation’ the amount of $113 Billion dollars goes to subsidize illegal aliens from taxpayers and every year that amount is rising. As released by the IRS, illegal immigrants are returned 4.5 Billion in child/parent tax credits. Little known is that foreign invaders send out of the country annually to foreign banks, between 40–46 billion dollars. Yes! They do pay taxes, but it hardly reduces the money extorted from federal and state taxpayers for children of illegal aliens. Money going to educate, the massive health care deficit and an overpopulated prison system filled with drug dealers, murderers, rapists, pedophiles and a growing percentage of hit and run drunken drivers; those that are caught.
We have a new sordid problem that is rising from the gutter. That Judicial Watch, the public interest group that investigates and prosecutes government corruption has revealed its 2011 list of Washington’s “Most Wanted Corrupt Politicians.” The members of the Obama Administration on the list, in alphabetical order, include: Attorney General Eric Holder; read about Eric Holder’s connection with ACORN, The voter fraud organization and the Gun running scandal—’Fast and furious.” President Barack Obama questionable association with ACORN, AHCOA (Affordable Housing Centers of America), the renamed ACORN Housing organization which has a long history of corrupt activity and other illicit association, costing billions of taxpayer dollars. Department of Homeland Security Secretary Janet Napolitano: While Attorney General Eric Holder was busy suing states fighting to shelter themselves from uncontrolled illegal immigration in 2011, Homeland Security Secretary Janet Napolitano has overseen a campaign to bypass Congress and provide amnesty to millions of illegal alien invaders, all in an evident attempt to acquire more votes for Obama’s reelection. Make the time to read the facts of governmental corruption by typing in Google—JUDICIAL WATCH. Just remember this information will be concealed by the Democrats, as they have proved over and over again, that they are not disinclined to manipulating voter registrations—even to letting non-citizens vote.
E-Verify “the Legal Workforce Act” at the very least, it is a step in the right direction to obstruct illegal labor from taking American jobs. Even if E-Verify has some flaws and some illegal aliens can obtain employment, but it won’t last very long before new upgraded version of E-Verify will be able to detect criminal alien workers. ICE has already gained the implementation of Mississippi’s Drivers Licensing Bureau, so as citizens WE SHOULD DEMAND THAT EVERY STATE VEHICLE DEPARTMENT GIVE ICE THE DIRECTIVE TO ACCESS THEIR PHOTO ID DATABASES, TO CROSS REFERENCE WITH ALL HIRED WORKERS BEING CONFIRMED USING E-VERIFY. Those hired illegally will be caught eventually when the irregularities are corrected and ICE auditors return to a previous company.
It’s better to have something as a deterrent, than to have nothing at all. What requires further action is a bill sponsored by Steve King’s (R-IA) Birthright Citizenship Act of 2011 (H.R.140) would amend the law so the unborn babies of illegal aliens smuggled calculatedly through borders or by international flight are ineligible for citizenship. The cost to hospitals and an array of welfare payments and entitlements is the most costly for US taxpayers totaling billions of more dollars. This is another demand, you should make of the politicians who represent your state. This is the time before the outcome of the 2012 election to pass the above mentioned laws, as it is critical to the wellbeing of every American worker. You can adjoin the TEA PARTY and demand from both Senators and House Representatives the passage of these laws, by calling the Washington phone center at 202–224-3121
In conclusion the Tea Party doesn’t discriminate against any nationality or race, as this is an offensive plan by the Democrats to demoralize the alternative party who are strictly against illegal immigration—LEGAL IMMIGRATION. The TEA PARTY openly welcomes those who patiently legally wait their turn, in becoming part of the opportunity that is America. Those who coveted their freedom better be aware that under the Obama régime, the dark shadows within his administration have slowly destabilized the foundation of the US Constitution and its purpose.
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I agree with legal immigration, but feel we need more, not less immigration as an issue of fundamental freedom of all humans.
CT, welcome to the “Issue of Death”: Immigration.
The “Issue of Death” because no brave soul that dares enter in this maze can come out unscathed — if it comes out at all.
No Party’s political position and philosophical view is completely right or completely wrong. But in today’s match, it is “Advantage Democrats”. They have the political demagoguery that wins the Hispanic vote.
The conundrum for Republicans and Libertarians is that if they stand for 100% principle, they will be doing that from home. In the Corporate lingo when they change CEO’s — “they will be spending more time with their families”. The Hispanic minority is not a minority anymore, it is a majority.
Libertarians are more prone to political suicide, so I don’t dare suggest any flexibility in this case; but Republicans need to go back to the comprehensive approach sponsored by George W. Bush (yes, in this, CT is right) as represented now by Marco Rubio and Jeff Bush.
In the meantime, CT — take cover!!!
John Galt recently posted..Ron Paul Is No Titan Saturn — No Third Party Run.
It’s too bad that it is such a hot-button issue that results in so much demagoguery. As a blogger I’m hoping that conservatives will take a look at what people like Jeb Bush and Rubio are saying.
Country Thinker recently posted..Conservative Inconsistency and the Border