All posts by Nathan Smith

Nathan Smith is an assistant professor of economics at Fresno Pacific University. He did his Ph.D. in economics from George Mason University and has also worked for the World Bank. Smith proposed Don't Restrict Immigration, Tax It, one of the more comprehensive keyhole solution proposals to address concerns surrounding open borders. See also: Page about Nathan Smith on Open Borders All blog posts by Nathan Smith

In defense of the nation-state

This post is a response to Vipul Naik’s recent post on open borders versus no borders, but I thought it deserved a separate post. A defense of the nation-state against a critique like Vipul’s must be (a) a defense of there being any state, plus (b) a defense of state being national in scope.

First, the state. Vipul is an astute reader, and his being left in some doubt as to where Principles of a Free Society comes down on the question of state legitimacy is a very intelligent response to the book. At first, the book seems to be building up a defense of a Lockean social contractarian state, with natural rights, property, social contract, etc. But mid-way through this exercise, there is a concession that the social contract defense of state legitimacy, though Principles suggests that it’s the best available, is not very successful. An anarchist reader might conclude that all historical states are illegitimate, and go on to try to imagine a stateless world, and to develop a program for how best to pursue it. But I don’t really do that. Vipul suggests I’m a “minarchist.” I had never heard this nifty word before but I assume it means what it sounds like: a believer in minimal government. That’s a decent characterization of me, though possibly it might pin me down more than I would like. At any rate, I’m not an anarchist. Why not? (Principles doesn’t single out anarchism for refutation since it’s such a small minority view.)

Vipul distinguishes “anarcho-capitalism” from “anarcho-socialism,” but that’s not the typology I would adopt. I would distinguish pacifist-anarchism from all kinds of anarchism that allow some violence. If the definition of the state is an agency that claims a monopoly of violence, then one way to be an anarchist, a non-believer in the state, is to completely reject all violence. The New Testament can be read as a template for such a way of life. It isn’t really a political program at all. To such basic political questions as how are people to be defended from assault?– the answer of the pacifist-anarchist is, “They aren’t. We’ll try to prevent assault through moral suasion, and our non-violent example may have great power to achieve moral suasion. We won’t know until we try. But whatever happens, we must refrain from violence.”

Alternatively, you can accept violence in self-defense, and maybe defense of property or something, but deny that violence should or legitimately can be monopolized by one agency called the state. That leads to speculations about competition and cooperation among private security agencies and whatnot. To me, that’s just the state by another name, and I don’t really see “anarchism” in this sense as being as distinctive or coherent as the term suggests. Perhaps I’d translate some versions of anarchism as: All currently existing states are illegitimate, we need to dissolve them and establish new states, legitimately based on voluntary consent. But I think there are systematic reasons why such a project can’t be achieved, or at any rate can’t be planned and permanently, sustainably established. To put it differently, I doubt that any political equilibrium is attainable without coercion that lacks a warrant in the defense of natural rights, or to put it in pithier language, without injustice. The Christian church may, I suspect, be an example of a “state” that has been based on the voluntary principle for two thousand years, though one would have to appeal a hypothesis about its secret, invisible history, and write off a lot of coercion by official ecclesiastical hierarchies as not “really” the work of the Church. In any case, even if this is true, it would be the exception that proves the rule. Also, a purely voluntary state, a state without injustice, might, I suspect, be attainable briefly by a generation of peculiar virtue and under the influence of a particularly admirable personality. But fallen human nature would reassert itself. Apologies: this paragraph was perhaps unusually speculative and vague.

I think the “common sense morality” which Huemer and Caplan like to take as a starting point isn’t entirely valid as a starting point because its content is importantly shaped by the experience of being the citizen of a state. But my “natural rights” approach is akin to Huemer/Caplan’s in that it starts an ethical inquiry from the “micro” level, and from our moral intuitions. I won’t say more on that, however, until I’ve read Huemer’s book. But I think that in practice, aspirations to utopian nonviolence, unless one takes the monastic path and tries to realize them at a personal level, should be tempered with a good deal of deference to the flotsam and jetsam of tradition and to the imperatives of fundamental eye-for-an-eye justice. And while idolatry of the state is one of the great, permanent dangers of the human condition, it’s usually best willingly to accept the leadership of a moderately just and beneficent state, when it’s available.

So much for my defense of the state. What about the nation-state?

The first thing to observe is that nation-states are a novelty. The Roman Empire wasn’t a nation-state. Athens and Sparta in the golden age of classical Greece were not nation-states. Carthage wasn’t a nation-state. Egypt might qualify, but not, I think, Babylon or Assyria, and not the Persian empire. Some of these, along with the Han empire in China and its various successors, might be described as civilization-states, an entire civilization, united in a single polity. The Chinese kingdoms of the Warring States period before the Han don’t seem to have been nation-states either. Ancient Israel was something like a nation-state, and it would be interesting to know to what extent ancient Israel provided, through the culture of Christianity, the template for the modern nation-state and, by extension, the global regime of nation-states that exists today. Several modern European nations– England, Poland, Russia– seem to have had “Chosen People” complexes at some point in their history. Still, there were no nation-states in Europe in the High Middle Ages. France was not a cultural and linguistic unity at the popular level. What unity it had was feudal in character: France was the area where all the ascending links of vassal to suzerain converged in a certain king. Its borders shifted a good deal from Charlemagne’s time to that of St. Louis, and kept shifting thereafter, down to the end of World War I. Of course, by 1870, the people were thought to deserve a say in the matter, and the annexation of Alsace-Lorraine by Bismarck’s Germany was an outrage. In the later Middle Ages, national consciousness began to take shape in England and France, foreshadowing those modern nations. Italy and Germany were not nation-states at all then. Italy was home to many city-states during the Renaissance, which were then absorbed into non-Italian empires; and the “Holy Roman Empire” in Germany, which eventually came to be dominated by the Hapsburg dynasty, was not at all like a nation-state, with its weak centralization, its variety of subject peoples, and its antique and dynastic principle of legitimacy. Incidentally, the Hapsburg Empire, in which the Austrian school of economic liberals was born, may deserve more respect as a possible template for modern polities. Only in the late 19th century, as the nation-state model became normative, were Italy and Germany created as nation-states.

That the nation-state is a comparatively recent development is a clue that we should not expect it to prevail permanently as the worldwide norm for political organization. Still, there is a good deal to be said for it in the meantime.

There is a deep connection between the nation-state and democracy. If democracy is “rule of the people,” who are “the people?” The answer is usually this or that “nation,” and it’s not obvious what else it could be. (“Nation” and “people” can be near-synonyms, of course.) But what’s a “nation,” anyway? A common language is the most obvious marker, but that’s clearly not a universal rule. India is one nation (I suppose) with many mother tongues; the English-speaking world consists of at least six independent nations; and there are even more Spanish-speaking countries. The unity of India is probably best understood as a function of Hinduism and history with a little help from geography, and all of those factors sometimes help to define nations, but none are necessary or sufficient. Britain and Ireland were one polity for seven hundred years, but are now separate. Similarly Russia and Ukraine, which also (for the most part) share a common religion. Italy was a geographical expression before it was a nation, but there is no particular geographical logic to the separation of France from Germany from Belgium from the Czech Republic, etc. Germany has long been home to both Catholics and Protestants. For that matter, though Catholicism is crucial to Irish identity, yet there is a “Church of Ireland” which is Protestant. And of course, Catholicism is the common religion of many nations without being a reason to unite them into one. There’s a lot of historical accident here, and the best definition is probably Benedict Anderson’s (suitably arbitrary) “imagined communities.” To define the nations is to define the sets of people who, under democracy, govern themselves. To drive the point home, note that one of the characteristics of democracy is the tolerance for a “loyal opposition.” Loyal to what? Not to the present government, exactly, else they would not be an opposition. Loyal, rather, to the nation, a reality deeper and more permanent than the ruling regime.

Democracy is a sort of idol in our times, and tends to be much overrated. It has considerably merit nonetheless, but to appreciate it properly one must start by realizing that from a strictly logical perspective, democracy has grave flaws, to which a kind of myth of democratic beneficence blinds modern people. There can be “tyranny of the majority,” but as Mancur Olson argued, there can be tyrannies of minorities too, small groups that can organize to pursue their special interests while the public doesn’t know what’s going on. More fundamentally, why people vote at all is rather mysterious– one vote essentially never decides an election, so why bother?– and if it’s just that voting is, after all, negligibly cheap, then we shouldn’t expect people to vote in an informed way, since researching politicians’ platforms is expensive. Bryan Caplan’s Myth of the Rational Voter argues that people are “rationally irrational” at election time, choosing opinions that feel good rather than opinions that are true, since there’s effectively no cost to being wrong. When the issue space has more than one dimensional (or when preferences are not “single-peaked”), cycling can arise, where majority rule would cause collective preferences to cycle permanent among three or more alternative policies.In theory, democracy is a hopeless mess.

I think part of the reason democracy works better than this in practice is that people identify with, take an interest in, and care about their nation-states. I know a lot of people who follow politics as one follows a sport. A lot of money gets donated to political campaigns, sometimes by lobbyists with a tacit quid pro quo, but often freely and altruistically, for the good of the country as someone conceives it. People talk about politics in their spare time. All this raises the level of political information well above what would be “rational” for people to acquire. I think it’s a reasonable approximation to characterize people’s behavior as somewhat altruistic in many situations, and especially in the voting booth, where one’s actions potentially affect so many other people. If we imagine people having “vectors” of “altruism coefficients,” what matters in the voting booth may be not so much (a) the extent to which voters are altruistic, since even tiny altruism coefficients (say, 0.01) are enough to swamp self-interest, as (b) whether they are disproportionately altruistic towards certain sub-groups of their fellow citizens in such a way that some groups become effectively disenfranchised. This is why democracy in ethnically fragmented states can occasionally lead to disasters, to racial segregation or ethnic cleansing or civil war or breakdown leading to totalitarianism. Anyway, that democracy, which in theory doesn’t seem like it should be able to work at all, in practice often manages to muddle along tolerably well, has a lot to do with the national basis of most democratic states.

What’s democracy good for? Vaguely, I think it’s a good thing for the people who live under a regime to have a say in how it behaves. Politicians in democracies really do pay attention to what voters want. Voters know something about the laws because they have to live under them. In the aggregate, they have a lot of information relevant to what policies work, and don’t work. Public opinion is a very imperfect vehicle for aggregating this information, but it does seem to seize on and condemn clear cases of corruption and atrocious human rights abuses (at least against citizens), and make policymakers at least try (or at least pretend, but then you can’t fool all the people all the time) to serve the general welfare (e.g., as crudely summarized in macroeconomic statistics). It is sometimes effective in securing and reinforcing freedoms, though these might have to emerge and grow strong at the level of private mores before democracy can be trusted to protect them. Britain was free before it was democratic. The danger nowadays is not so much “tyranny of the majority” as the exaggeration of the extent to which democracy confers legitimacy. There is a widespread sense nowadays that democracies can do anything that they want, that law, or even that right and wrong, have no source, origin or meaning except in the will of the people. The Constitution is the exception that proves the rule, for while laws democratically passed may be (in the US) ruled unconstitutional (other countries have similar arrangements), the Constitution itself is probably assumed to derive its force only from the of certain past electoral majorities. And note that if democracy consists in people having a say in the laws that govern them, then immigration restrictions are the limiting case of undemocratic law, since the set of people who are subject to them is the mathematical inverse of the set of people who have a say in making them. For all these reasons, there is an urgent need to limit the power of the democratic nation-state, but I would not be in a hurry to dissolve it.

If one agrees that the democratic nation-state should have limited powers, there is no logical problem with combining open borders and the nation-state. One can say that it’s a good idea, at this particular historical moment, to organize political power along nation-state lines, but that there are powers nation-states should not have, and one of these is to exclude non-citizens from their territory arbitrarily and by force. They can defend their borders against armed invasion, and probably even against unarmed migrants whom they have good reason to believe constitute an immediate threat to public order or even public health. (By “public health” I mean “freedom from contagious diseases.” The phrase is often used in a more elastic sense.) To the extent that a certain power to tax arises with the provision of judicial support for property rights and provision of public goods– admittedly a difficult question– it extends to non-citizen residents as well as to citizen residents. They cannot justly exclude foreigners simply to prevent their citizens from having to see poverty on the streets, or to avoid incurring moral responsibility for foreigners’ welfare (if such moral responsibility exists, it in any case does not depend on whether foreigners are resident on the national territory or not), or to keep up domestic wage rates. It is desirable to arrange for some change in public opinion, law, and/or international relations that will render this practice intolerable and obsolete, like slavery. But justice allows more discretion to regulate the acquisition of citizenship. More generally, constitutions, law, and political civil society need not be fundamentally revolutionized. Such is a world of democratic nation-states with open borders.

Is that sustainable in the long run? Could the democratic nation-state maintain its essential nature in the presence of huge masses of non-citizens, whose basic human rights would be recognized and respected, but who would have little or no access to political participation? Wouldn’t the democratic character of a state be compromised if there were so many resident non-voters? To some extent, yes, though we should always bear in mind that “voting with the feet” is a substitute for voting in the ballot box, in some ways a superior substitute. There might be a problem with resident non-voters being alienated and trying to exert influence by extra-political channels. Much here would depend on the evolution of political norms. After all, there was a time when the acceptance of the rightful leadership of dynastic kings was as universally accepted as democracy is today. One can envision a future in which migrants took political exclusion for granted and didn’t complain about it, or even think about it. Still, there might have to be deep, subtle changes in the ideology that undergirds political legitimacy, to the detriment of the democratic nation-state model. “Altruism vectors” might sometimes be altered in ways that make the democratic nation-state dysfunctional or unstable– though closed borders is no guarantee against that, either. I suspect that open borders would accelerate the decline of the nation-state.

But I also think the nation-state is destined to decline anyway. We’ve seen that it’s historically novel. I think its rise is a side-effect of the printing press. The printing press reshaped the conversation of mankind on national lines, empowering and homogenizing vernaculars, giving rise to the daily newspaper, inducing the decline of Latin and other lingua franca. Eventually political arrangements caught up to the new consciousness. Now the internet is reshaping the conversation of mankind again, fueling the dominance of English, making it irrelevant where something is published, globalizing social networks. Eventually– but in this case, as with printing/nation-states, it may take a long time– political arrangements will catch up with that too. If this prediction is right, open borders might be compared to constitutional monarchy. They’re a way of ameliorating an institution whose legitimacy, strong for now, is doomed to long-term decline, and easing, even if it might also accelerate, the transition to political arrangements more suitable to the society and economy that the latest technologies are gradually bringing into being.

Response to Steve Sailer: The Art of Flourishing While Being Swamped

Steve Sailer writes:

For many years, the Wall Street Journal editorialized in favor of a five word Amendment to the U.S. Constitution: “There shall be open borders.” So, I’ve long been interested in trying to estimate just how many people would move to the U.S. if this highly respectable policy recommendation were ever actually implemented.
George Borjas pointed out that about 1/4th of all Puerto Ricans moved to the U.S. mainland after open borders started. The flow was only slowed by granting immense tax breaks to American companies who set up shop in Puerto Rico.
Even without open borders, over one-fifth of all Mexicans in the world live in the U.S.
And, as I pointed out in VDARE in 2005, about five billion people live in countries with lower average per capita GDPs than Mexico.
So, open borders advocates ought to at least provide us with an estimate of what fraction of that five billion they would expect to immigrate here (assuming, for the sake of argument, that the effects of open borders wouldn’t diminish the appeal of the United States to immigrants, which it no doubt would)…
[quoting the New York Times] A 1986 compact gave the United States continued military access, while the Marshallese got the right to work and live in the United States indefinitely without visas. More than a third of the Marshallese — about 20,000 — have seized the opportunity.

I may attempt a numerical estimate of this sort at some point. But my main response to the concern about being swamped is that immigrants get surplus value from coming, and some of this can be taxed away to hold native harmless, for example via DRITI taxes. A few very crude calculations may illustrate.

1. Suppose the 1/3 rate from the Marshall Islands applied to the 5 billion in countries poorer than Mexico. Roughly 1.5 billion immigrants come to the United States, where they earn average incomes of, say, $40,000. (This is a concession to Sailer’s suggested assumption that “the effect of open borders wouldn’t diminish the appeal of the United States to immigrants.” If immigrant incomes fell sharply under open borders, though this is plausible, Sailer’s assumption wouldn’t come close to holding.) In this case, immigrants would be earning $60 trillion of GDP. If we tax this income at a 10% rate, that gives us $6 trillion with which to compensate natives. If we distribute this among (roughly) 300 million native and naturalized citizens, we could pay out $20,000/year to every citizen, or $80,000 to every family of four. Alternatively, we could structure it progressively, with, say, $50,000/year minimum income for every citizen, which would then be reduced by 25% of labor income, so that individuals earning $200,000/year or more would get no benefit. For the moment I’m assuming that (a) all currently existing taxes remain in place, (b) immigrants pay currently existing taxes in addition to the surtax, and (c) government spending per capita remains roughly constant. But very likely the best plan would involve large tax cuts, and government might be able to provide services to a larger population without a proportional increase in its costs. I’m talking about the medium-to-long run here. Granted, to scale up the US population by six quickly would be difficult.

2. Suppose, more conservatively, that 1/10 of the people in countries poorer than Mexico, i.e., 500 million, moved to the US, and earned an average of $20,000/year. That’s $10 trillion of immigrant-generated GDP. We could tax that at a 20% rate and get $2 trillion of GDP, enough to pay benefits averaging $20,000 per person per year to the poorest one-third of Americans, in cash and in kind.

3. Maybe the “worst case” scenario is if a whole lot of people come but don’t earn much. Suppose 2 billion people immigrate to the United States and earn an average of only $10,000. That’s $20 trillion of immigrant-generated GDP. We could tax that at a 15% rate and get $3 trillion worth of revenue with which to hold harmless native-born US citizens (now a small minority of the resident population), for example by providing benefits at an average rate of $20,000 per person per year. Owners of real estate– that’s most Americans– would enjoy huge windfall gains by selling out to developers as the greatest building boom in the history of the world erected teeming hordes of tenements to house the huddled masses. Water prices would probably rise a lot, and huge quantities of food would have to be imported, but on the other hand, many, many factories would open, as the US would swiftly rise to overwhelming dominance in manufacturing. Not only affluent families, but probably unemployed natives dependent on transfers from the government, could hire personal servants.

As I said, these estimates are crude, even fanciful, and I’m not sure how useful it would be to attempt to make them more precise. (For example, do the costs of government scale linearly, super-linearly, or sub-linearly with population? An interesting question, but too controversial for any answer to be of much help– though “linearly” would be my first approximation.) It seems clear open borders wouldn’t be introduced overnight in this fashion. In all the scenarios suggested, native-born US citizens would comprise an absolute minority of US residents, and within US residents, transfers would be going from the relatively poor to the relatively rich. Would such an arrangement be politically sustainable? Well, there are plenty of precedents, e.g., pre-revolutionary France. But that parallel might suggest another danger: a kind of immigrant French Revolution, with the huddled masses overthrowing the privileged natives by force. Having raised that specter, let me add that it is not a remotely plausible threat for now. Anyway, the crude calculations should make it clear that as far as the mere economics are concerned (putting institutions to one side, and assume one doesn’t scruple to redistribute surplus value through tax-and-transfer policy), the upsides of being swamped swamp the downsides.

What if foreigners could vote in US elections?

I’ve sometimes wondered why foreigners can’t vote in US elections. “What?” you ask. “Why should they be able to? That’s crazy!” Well, they do have a stake in it. Many of them pay attention to US elections. They are affected by the outcomes of US elections. To grant foreigners the right to vote in US elections might seem, prima facie, to be obviously against the interests of US voters, whose ability to choose their own government would be diluted. Yes, but what if it were reciprocal?

For example, suppose that the US and Canada made an agreement, whereby every Canadian got 1/5th of a vote in every US election, and every American got 1/5th of a vote in every Canadian election. Never mind the electoral college and whatnot for now, just think of the math. If there are 300 million Americans and 20 million Canadians (close enough for now), Canadian votes would have a pretty small weight in US elections, while American votes could potentially dominate Canadian elections. Canadians might still take the deal, though, if US policies affect them heavily and they want to have a say. On issues of domestic policy without international ramifications, it might not matter much: Canadians wouldn’t have reason to care about them one way or the other. But there would probably be narrow issues, say fishing rights in the North Pacific, which might be important to many Canadian voters and not on Americans’ radar screens at all. It’s not that such issues would decide US elections; rather, US politicians would flip pre-emptively to prevent them from doing so. It might lead to more harmonious international relations and stronger alliances. For haters of George W. Bush, consider this: he wouldn’t have had a chance if every European got 1/5th of a vote. But for supporters of the War on Terror, consider this: there would be a lot more Tony Blairs, and a lot fewer Jacques Chiracs, in the world. Free trade would almost certainly benefit. So might collaboration on global public goods, e.g., CO2 emissions, NATO military spending, international transfers and foreign aid. It could lead to more funding for science, which has positive spillovers. Americans voting in German elections would ignore many German domestic issues but might respond to appeals for funding science and technology, or protecting patents.

The effects are hard to predict, but one thing, I think, is almost certain: It would lead to much more freedom of migration. Suppose the issue is: how easily will American issue work visas to Canadians? Americans will know virtually nothing about the issue. Canadians will know a lot. An American candidate’s share of the Canadian vote would depend heavily on his position on the Canadian visas issue. The issue would probably have very little visibility in the US. Even if the Canadian vote was small– say 1 million effective votes, compared to 100 million cast in the US– it would be well worth gaining at such a negligible cost. By the same token, American voters would quickly secure for themselves the right to work in Canada. And it would not be a question of annexation. Canada would still have an independent government, as would the US.

My co-blogger John Lee is good at evoking horror at the arbitrariness, the fundamental neglect of basic justice and human rights, of which immigration systems are guilty. I think a little democracy would take care of this in a hurry. US consuls would not remain mini-dictators for long if foreigners had a say in the matter. Gratuitous, senseless, cruel visa denials would go viral among foreigners, and politicians would look for ways to make the process tolerably just to appease the foreign vote, with its small but far from insignificant weight, and probable unanimity.

The idea of foreigners voting in US elections, and vice versa, is at once simple and unheard-of, which makes me suspicious of it. If it’s as good an idea as it seems at first glance, why haven’t I heard anyone else suggest it? But I can’t see what is wrong with it. It seems like it could actually be Pareto-improving, its main effect being to correct policies that injure foreigners out of all proportion to any benefits they provide to natives. Immigration restrictions are the most obvious case, but foreign policy, global public goods, and trade restrictions are other examples. I think the idea deserves to be part of the conversation.

More on immigration and the Bible

Post by Nathan Smith (regular blogger for the site, joined April 2012). See:

From my reading of the Old Testament, it’s quite clear that the Bible supports open borders, full stop. But I should acknowledge that this isn’t the consensus view. Here is an article that claims “The Bible Gives No Sanction to Open Borders.” The author, John Vinson, is in blockquotes, I’m not.

For religionists sympathetic to mass immigration, legal and illegal, Old Testament Bible verses saying “welcome the stranger” and “love the stranger” are the ultimate trump cards and justification for their position. This absolute certitude is ironic when it comes, as it often does, from religious liberals who commonly regard much of the Old Testament as Hebrew mythology, with little authority to command ethical obedience in the modern world. The Old Testament’s condemnations of homosexuality, for example, carry little weight with these liberals, if indeed they notice them at all.

I don’t think I’m one of the religious liberals Vinson is talking about, but anyway, one can accept that the Bible teaches something and not advocate making that the policy of contemporary states. I think the Old Testament provides a pretty good template for immigration policy, though not one that exactly corresponds to what I’d prescribe. I don’t want us to return to the Mosaic law when it comes to religious freedom (worshipping pagan gods could be punished by death) or slavery (permitted under the Mosaic law, albeit in an ameliorated form), or marriage (polygamy was tolerated).

In contrast, their literalistic embrace of “welcome the stranger” without reference to context or scholarship is characteristic of the uninformed dogmatism they often attribute to fundamentalists and other Christian conservatives. In fairness, this characteristic sometimes is true, but the general tendency of people who take the Bible seriously is to weigh verses carefully from every standpoint of learning and insight.

Yes, as long as you’re not just using that as an excuse to pretend the Bible says what’s convenient for you to have it say.

One who has done so on the pro-stranger verses is biblical scholar and archeologist James K. Hoffmeier. In his book The Immigration CrisisImmigrants, Aliens, and the Bible, Hoffmeier sheds a great deal of light on these verses and the issue of immigration from a biblical perspective. Hoffmeier convincingly argues that Middle Eastern peoples in biblical times controlled their borders and regulated immigration much as countries do today. Among them was ancient Israel.

To understand how Israel’s system worked, Hoffmeier shows, one must understand the meanings of different Hebrew words which English Bibles translate as “stranger,” as well as “foreigner,” and “alien.” The passages that command hospitality, love, and protection toward people so named use the Hebrew word “ger.” The ger, says Hoffmeier, was what today we would call an alien with permanent resident status. The Bible specified that such persons were to enjoy most of the same rights as Israelites, while at the same time requiring that they obey the laws of Israel. But others called stranger, foreigner, and alien did not have these benefits or obligations. The Hebrew words from which they derive are “zar” and “nekar.”

I suppose Hoffmeier knows Hebrew and in that respect has an advantage over me. But I suspect he doesn’t know much about immigration policy if he thinks “Middle Eastern peoples in biblical times controlled their borders and regulated immigration much as countries do today.” Passport regimes are a peculiarly modern phenomenon. Open borders were the norm as recently as the 19th century.

Consequently, the modern day writers who claim that the Bible sanctions illegal immigration, by referencing the pro-stranger passages, are drawing a completely false analogy. The strangers in this context were legally admitted people who agreed to abide by the laws of the land.

The Biblical texts do suggest that resident foreigners were expected to abide by the Mosaic law. That they had “agreed” to do so does not seem to be the case, because some procedure would have to take place whereby they agreed, and no such procedure is discussed in the Mosaic law. And I don’t see how anyone could have read the Book of Judges and suppose that any legal infrastructure existed to “legally admit” people. In the Book of Ruth, it seems clear that she didn’t ask permission, but simply came. Neither rules nor administrative procedures for “legally admitting” people are defined in the law. I haven’t read Hoffmeier’s book, but it seems clear the Biblical ger were neither like modern legal immigrants, who have received permission from a sovereign government, nor like modern undocumented immigrants, whose presence is a violation of the law. They just came, and were expected to abide by the rules. Continue reading More on immigration and the Bible

Rand Paul’s interesting precedent

While I don’t generally buy into the views of Ron or Rand Paul on foreign policy, Rand Paul’s filibuster, which is being credited with giving new momentum to the GOP, sets a promising precedent. Paul’s insistence that the president has no constitutional authority to use drone strikes against Americans on US soil was morally obvious, yet at the same time profoundly subversive, since it implies that there are, after all, limits on state authority, and therefore that the doctrine of sovereignty in the pure Hobbesian sense is fall. Bravo! Interestingly, since the Republicans have a reputation as the hawkish party, strong on national security, Paul’s stand actually went against part of what Republicans identify with, but the political configuration allowed Paul to appear, sort of, as the voice of the GOP against the soulless statism of the Obama administration. Paul’s message was fundamentally the doctrine of human rights or natural rights: it’s wrong to kill innocent people, period.

It probably wouldn’t work right now, but one wonders whether at some point in the future, Republicans could be flip-flopped on the immigration issue with similar ease. If a Republican candidate opportunistically assailed the Obama administration for its draconian deportation policies, that would doubtless alienate some of the base, but the GOP might look like white knights and protectors of the weak, and become more popular in some quarters, and Republicans who aren’t particularly nativist might just embrace it. What’s at stake here is the moral high ground. Seizing it is really a lot of fun, and it can pay off in the oddest and most delightful ways.