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The Constitution, Citizenism, and the Natural Right of Migration

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The moral case for open borders is universal. Most of the practical arguments can also be made in a country-independent fashion. If our case for open borders stands, it applies to all countries, not just the US. However, when arguing for open borders against restrictionists who use American documents for the purpose of arguing for restrictions in the United States, their arguments must be met, inherently, in an US context. These documents can be mistaken in their moral prescriptions and thus talking about them should not be considered as a definitive case for or against open borders. But what this discussion does do is help shed light on the context and history of immigration debates. In so far as an individual believes these documents to hold moral truths, a discussion of what they truly argue for is appropriate. If American history and legal theory are not your cup of tea you may want to just skip this post. Otherwise, let’s have it!

Steve Sailer in discussions of citizenism has pointed to the preamble of the Constitution to help justify a citizenist philosophy in regard to the United States.

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

(emphasis mine)

The key being those five words. So does the preamble, and perhaps the Constitution in general, support a citizenist philosophy and allow anti-immigration policies? Fellow blogger Nathan Smith has touched on this issue before. I intend to tackle the issue from a somewhat different angle, specifically whether the Constitution, and indeed other founding documents of this country, justify a citizenist restriction of immigration. But enough prologue, let’s dive into this question.

The Constitution was set up so as to try to compel the government to follow the will of the people within certain limitations. Thus one might legitimately argue that a limited citizenism is somewhat evident within the document, though of a limited sort that also takes into account individual rights. Other portions of the Constitution strongly suggest that individual rights do no stop with American citizens. Take for example the Fifth Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

(emphasis mine)

This amendment’s terminology would indicate that this right is not restricted to citizens or else the Constitution would say “citizen” as it does elsewhere (see page 370). So the Constitution does provide that non-citizens have rights that must be respected by the government. But does this include the right to migrate? In the powers granted to Congress there is only mention of the obligation to establish a “uniform Rule of Naturalization.” This is not, and was not seen at the time, as debates over naturalization rules in the 1790s show, as the same as establishing a rule on who can live in this country. Yet, in the very next section there is this statement:

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The fact that there was a limitation on Congress would seem to indicate that after that twenty years Congress does have a right to limit migration. However, there are other ways to interpret the constitution. Lysander Spooner, a nineteenth century abolitionist and legal theorist offers this rule for interpreting the Constitution:

Where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness, to induce a court of justice to suppose a design to effect such objects.

Continue reading The Constitution, Citizenism, and the Natural Right of Migration →

Bleg: four possible positions on immigration and US politics

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There are lots of different theories about immigration and its impact on US politics, specifically on how it will affect the power balance between Democrats and Republicans. I am largely agnostic, though I doubt the validity of tipping point arguments. Logically, I can make out four broad positions one can stake on immigration and US politics. I’m curious to hear from readers and co-bloggers about the relative merits of the positions:

  1. Immigration good for Democrats, bad for Republicans regardless of either party’s position on immigration. In other words, even if the Republicans took a pro-immigration stance, more immigration would still hurt them. The electing a new people argument offered by Peter Brimelow of VDARE has this structure. Mark Krikorian of CIS also makes similar arguments. This argument naturally appeals to:
    • Those trying to sell restrictionism to the Republican Party.
    • Those trying to sell pro-immigration policies to the Democratic Party.
  2. Immigration good for Republicans, bad for Democrats regardless of either party’s position on immigration. I don’t know anybody who has taken this position, but I’m adding it for logical completeness. This argument naturally appeals to:
    • Those trying to sell pro-immigration policies to the Republican Party.
    • Those trying to sell restrictionism to the Democratic Party.
  3. Immigration good for whichever party adopts a more pro-immigration stance: In this view, both parties need to compete to be more pro-immigration, and whichever party manages to be more pro-immigration will benefit more from immigration. This seems to be the view of many open borders advocates and other pro-immigration forces, such as my co-blogger Nathan here and here. This argument naturally appeals to pro-immigration forces trying to simultaneously make inroads into both parties, setting up a “race to open borders” between both parties.
  4. Immigration bad for whichever party adopts a more pro-immigration stance: In this view, both parties gain from adopting a more restrictionist stance. Restrictionists who are trying to make a broad-based appeal to both parties would find this argument appealing. In this view, the vote of people with restrictionist sympathies matters a lot more than the votes of potential immigrants and their apologists. Thus, whichever party adopts a more pro-immigration stance will lose a lot more in terms of restrictionist votes, even if they gain a few immigrant votes. Such an argument, if believed, would lead to a “race to closed borders” between both parties. Some restrictionists have made these types of arguments, though they’ve largely focused on (1).

There are a lot of complications that can be added:

  • The story may be different for different subsets of immigrants based on ethnic group, skill level, country of origin, time within the US, etc.
  • It is possible to be pro-immigrant while being anti-immigration. It is also possible to appeal to the interests of immigrants qua ethnic group rather than qua immigrant.
  • It is possible to combined restrictionist rhetoric with a quiet support for more immigration, thus appealing to restrictionists. If you are a pro-Democratic Party person who believes a mix of (1) and (4), you would be tempted to favor apparently restrictionist rhetoric from your Party while quietly allowing for more immigration and more citizenship/amnesty.
  • Similarly, it is possible to combine pro-immigration rhetoric with a quiet support for less immigration, thus appealing to the vote of people who have solidarity with immigrants and favor a pro-immigration stance, while at the same time trying to curtail the growth of immigrant groups who may be hostile to your party. For instance, a pro-Republican Party person who believes a mix of (1) and (3) would be tempted to follow this strategy.

So, which of the stories (1)-(4) is most likely true? Please feel free to provide separate answers for different immigrant groups separated by whatever criteria you prefer, and feel free to incorporate the above complications or any others you can think of.

EconLog comments policy and open borders

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Open borders advocate Bryan Caplan recently forayed into citizenism with a blog post titled A Question for Steve Sailer’s B-School Professor. Caplan quoted from Sailer’s VDARE piece on citizenism and then proceeded to make two points:

  • Citizenism, which involves giving more weight to the preferences of current citizens as opposed to prospective future citizens and other foreigners, must operate within moral side-constraints (a point made at the citizenism page and in Nathan’s blog post on the subject).
  • Just like those using the nation as family analogy, citizenists need to not merely acknowledge these side constraints, but seriously consider whether the actions they propose (such as immigration restrictions) violate these side constraints.

Caplan then invited citizenists to respond in the comments. I think Caplan’s post was well-written and to the point, but I have one point of contention with Caplan: his use of the word “monster” to describe hypothetical people who took citizenism to its logical extreme. Caplan believes that few citizenists take citizenism that literally, so he wasn’t calling any actual people monsters. But the use of the word “monster” is not exactly an invitation to civil debate, to put it mildly. Caplan’s commenters were quick to critique him, and some went beyond critiquing to offering candid thoughts on what they thought of Caplan. A lot of these comments were deleted, and the commenters banned, from EconLog. Fortunately for free speech and the Internet, the commenters found refuge in Steve Sailer’s blog. But the most fascinating and hard-to-rebut critiques among those deleted seem to not have made it to Sailer’s comments either — either because they weren’t posted, or because Sailer deleted them. Fortunately again for free speech, the commenters found yet another forum that would prove more welcoming and tolerant of their unorthodox views. Here’s page 1 and page 2 of the thread. Here are some of the best examples:

The masochistic morality of Caplan’s argument is merely the symptom of a late stage complex society with a parasitic elite, plus politically correct radiation treatments, which have obviously rendered Caplan’s brain into a vestigial organ.

To anyone of above feeble intelligence, it’s obvious that large migrations of people will lead to conflict, instability, social dysfunction, and other not very nice things. It’s obvious that employers who seek to bring in illegals so they can pay sub-middle class wages are not acting out of moral impulses to better the lives of foreigners. The rhetoric is all hypocrisy. When Caplan opens his mouth about moral imperatives, something retarded and offensive pours out. It seems to be a condition he should seek treatment for, although I understand it’s difficult to cure libertarianism.

MikeP is a racist! He thinks I should have to fill out a form when I say Bryan Caplan enticed me to post here–but what about those who were born here, like MikeP? Did they fill out any forms? Now I have to evade some Jewish woman who is patrolling the posting border with extreme prejudice! Ay caramba, I’ve been hit!

Underneath the oppressive Bush administration, little-known anti-liberty regulations prevented HIV positive immigrants from crossing so called “borders” and entering into employment contracts at my exclusive nightclub, wherein they displayed their micros to paying clients. Now, however, thanks to noted micro-American ALLAH HUSSEIN OBAMA, that regulation has been revoked, and a beautiful scene of international GDP growth ensues.

Naturally, if he were to answer these, Caplan would bluster and babble about comparative advantage and the lump of labor fallacy while dismissing cultural concerns as being of the ignorant, unwashed masses. Ultimately, Caplan is so dull that he can’t think beyond libertarian talking points to realize that importing a bunch of browns to do cheap labor is going to backfire horrendously when those same browns vote straight ticket Democrat and their elected representatives raise the minimum wage, strengthen environmental regulations, and raise taxes.

Oops. I wonder if Caplan would short-circuit on the lawgic trap.

(Not an EconLog comment)

Libertarians are basically liberals with less self-awareness, they lack even the liberal’s simple ability to project empathy onto niggers and other non-humans, perhaps because they lack any emotional capabilities whatsoever.

(Not an EconLog comment)

Kill this fucking thing with fire, tia. [referring to the EconLog comment moderator]

And revealing images such as this.

One of the comments that didn’t get through was by Dr. Stephen J. Krune, but he posted a similar comment on Open Borders:

This is far and away the spergiest discussion among the usual libertarian spergmeisters. Of course people react to overcrowding around them–typically in cities–regardless of whether there is a giant desert available somewhere else (and where they would prefer these immigrants to go and die in).

And so it is possible to have overcrowding in cities while there is “plenty of land” (I understand that spergy libertarians see no point to land other than paving it over and erecting a business park.)

Why do we favor descendents, asks the chief sperg? Because they are genetically related, which is the basis for most social behavior and cultural development. (Which is why our off-the-rails society is in a state of pre-collapse, using Tainter’s definition of collapse.) All social animals are nepotists. This isn’t “curable” because it isn’t an illness, it is the normal functioning of animals. We are animals, not replicas of Data from Star Trek, which is how most of you faggots come off.

There were also some gems among the comments that did get through. James Bowery:

Both Caplan and AMac are inhuman monsters that would deny the right of people to join together under mutual consent to pursue their strongly held beliefs about causal laws of human ecology by excluding from their territory those whom they consider incompatible with testing of those laws.

That these inhuman monsters call others “monsters” should be expected since, however inhuman they may be, they do possess the gift of gab.

If I were on a jury that was trying someone for having done harm, of any nature whatsoever, to AMac or Caplan, I would vote to acquit.

Moreover, there is no greater cause for liberty than to identify such inhuman monsters, whether they call themselves “libertarians” or “liberals” or “neoconservatives”, as the primary enemies of liberty that today wield the power of tyranny over mankind.

Any proper use of military force would have as its declaration of war that a state of peace may once again reign once these inhuman monsters no longer wield any powers of government.

EconLog comments policy

The reason I quote all these comments is not to critique them. When faced with critiques as penetrating as these, it is time to concede defeat and go home. There were a lot of other comments that made points that we’d be happy to address and discuss further on the Open Borders blog in the coming days. Steve Sailer’s own post, as well as Sonic Charmer’s thoughtful addition to the debate, are definitely more at our level and we can address these. I left a couple of comments on Sailer’s post, but haven’t had time to respond to his substantive points yet; Nathan left a comment on Sonic Charmer’s post. Other interesting critiques that we hope to address in the coming day include Maurice Levin’s critique (assuming it is written as sarcasm) and Dave’s comment. Jason Malloy’s analogy may also be worth addressing.

So why am I bringing up these comments? Because the banned commenters and others sympathetic to their plight discovered a novel and innovative way to expose the hypocrisy of open borders advocates. They drew a parallel between banning blog comments and turning away potential immigrants (or deporting illegal immigrants). Continue reading EconLog comments policy and open borders →

Are immigration restrictionists pirates?

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My co-blogger John Lee recently wrote a post with the intriguing title “Are immigration restrictionists pirates?” It turned out that by “pirates,” John meant, not Bluebeard or the Dread Pirate Roberts, but people who pirate music and videos off the internet. John’s point was that if immigration restrictionists are pirates, i.e., illegal downloaders of music and videos– and haven’t we all done it, at least a bit?– then they’re in no position to mount their moral high horse when talking about undocumented immigration. Commenter Leo was disappointed:

The title of this made it sound a lot more exciting than it was… I was hoping for some sort of metaphor of countries as ships or something… Yeah the title makes sense but the post isn’t as exciting as the title …I’m obviously just childish but the word pirate made me hope for a story of plunder on the high seas…

Based on this reaction, I thought there might be interest in a post comparing immigration restrictionism to plunder on the high seas. So here goes.

First, like pirates, immigration restrictionists have skills. Pirates need to have navigation, combat, recruiting and negotiation skills. They need to know a good deal about recruiting and trade routes. Immigration restrictionists need skills, too. Steve Sailer of VDARE is good at writing. Joe Arpaio has skills at prisoner abuse and attracting national media attention.

Second, like pirates, immigration restrictionists are organized. Pirates had captains, crews, even “pirate codes” which Peter Leeson (author of The Invisible Hook) has argued were sometimes strikingly democratic, a Skull-and-Bones flag. Immigration restrictionists have organizations like VDARE and CIS, as well as ICE, the Minutemen, and so forth.

But clearly, I’m not getting to the heart of the matter.

Let me start over by using a recent Bryan Caplan post as a point of departure. Caplan’s point of departure was a Steve Sailer post (previously quoted here and here at Open Borders). So first, Steve Sailer: Continue reading Are immigration restrictionists pirates? →

Charles Krauthammer supports amnesty

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My, my, this is getting better and better. Charles Krauthammer is one of the brightest stars in the firmament of conservative punditry. His only advice to the Republicans about how to change in response to the 2012 election is on immigration. And he goes further than I recall a mainstream conservative pundit going before. From “The way forward”:

They lose and immediately the chorus begins. Republicans must change or die. A rump party of white America, it must adapt to evolving demographics or forever be the minority.

The only part of this that is even partially true regards Hispanics. They should be a natural Republican constituency: striving immigrant community, religious, Catholic, family-oriented and socially conservative (on abortion, for example).

The principal reason they go Democratic is the issue of illegal immigrants. In securing the Republican nomination, Mitt Romneymade the strategic error of (unnecessarily) going to the right of Rick Perry. Romney could never successfully tack back.

For the party in general, however, the problem is hardly structural. It requires but a single policy change: Border fence plus amnesty. Yes, amnesty. Use the word. Shock and awe — full legal normalization (just short of citizenship) in return for full border enforcement.

I’ve always been of the “enforcement first” school, with the subsequent promise of legalization. I still think it’s the better policy. But many Hispanics fear that there will be nothing beyond enforcement. So, promise amnesty right up front. Secure the border with guaranteed legalization to follow on the day the four border-state governors affirm that illegal immigration has slowed to a trickle.

Imagine Marco Rubio advancing such a policy on the road to 2016. It would transform the landscape. He’d win the Hispanic vote. Yes, win it. A problem fixable with a single policy initiative is not structural. It is solvable.

Hallelujah! Or to use a word with similar connotations of glorious praise and relief: Amnesty! Krauthammer goes on to argue that Republicans should not moderate their views on other issues or become more liberal generally. Music to my ears. I hadn’t expected to agree with a Charles Krauthammer column so much. I hadn’t expected to vote Republican again for decades. “Shock and awe,” indeed.

For the record, I don’t support a border fence, and I don’t think it will “work,” in the sense of stopping illegal immigration. But as I wrote a few years ago:

Last May, Peggy Noonan wrote, in a call for tighter borders, that “no one believes in the wisdom of government, but they do believe it has a certain brute power.” Of all the unwise, brutal measures advocated by immigration restrictionists, a border fence is the only one that is not an existential threat to our heritage of freedom. Tamper-proof biometric ID cards are right out of a futuristic dystopian novel. And while most Americans prefer to go after illegal immigrants’ employers, thanks to the laws of supply and demand, the effect of this policy would be to drive immigrant workers a bit further into the legal underground, thus lowering their wages, boosting the pay-offs for employers willing to accept the increased risk of hiring them, and inducing a creeping criminalization of entrepreneurship in America. And I am at a loss to identify the morally relevant differences between mass deportation (which is sometimes whispered about) and things that usually happen in places like Yugoslavia and Sudan. A border fence is the Berlin Wall, but it’s not a police state, or the gulag, or ethnic cleansing.

Though illegal immigrants, including visa over-stayers, come from all over the world, most of them are from Mexico, having crossed the US-Mexico frontier, which is arguably the only place on earth where the First World shares a long land border with the Third World. The “problem” — which is really an advantage — of mass immigration from Mexico, could not happen in an island country like Britain. Britain can therefore be a free country, while at the same time having much less illegal immigration than the US does. Building a border fence is an attempt to make US geography more like Britain’s.

This move is unfortunate because to date, the accidents of geography have been a far wiser and more human legislator than Congress has. Mexican migration has helped to keep down US inflation, and contributed to the strong housing market of the past few years, while creating a stream of remittances, boosting the Mexican economy. It has also led to improved relations between the US and Mexico.

Hmm, I might have overreached a bit. But my main point was the sentence in boldface: a border fence is by far the least worst of all the enforcement measures that have been proposed. Border fence for amnesty would be a great deal. It’s interesting, too, that Krauthammer thinks Republicans could win the Hispanic vote– “Yes, win it”– by backing amnesty, though he hedges his bets by adding “just short of citizenship” to his amnesty proposal. I guess I have to approve of that. My personal sympathies might lie with amnesty plus a path to full citizenship, but Krauthammer’s proposal could ease the way for future keyhole solutions. It would be a big improvement over the status quo, and make me proud to be American.

UPDATE: Eugene Robinson writes:

Look at Colorado. In 2008, Latinos were 13 percent of the electorate; just over 60 percent voted for Obama. On Tuesday, Latinos made up 14 percent of Colorado voters — and, according to exit polls, three-fourths of them supported the president. Think this might have something to do with Romney’s “self-deportation” immigration policy? I do.

Nationwide, roughly three of every 10 voters Tuesday were minorities. African-Americans chose Obama by 93 percent, Latinos by 71 percent, and Asian-Americans, the nation’s fastest-growing minority, by 73 percent.

It seems to be nearly unanimous.

UPDATE II: “Hannity’s immigration evolution draws praise from conservative Latino groups”:

Sean Hannity’s announcement that he has “evolved” on immigration is drawing praise from a conservative Latino organization.

Alfonso Aguilar, executive director of the Latino Partnership for Conservative Principles, on Friday applauded Hannity for telling his radio listeners he now supports a pathway to citizenship for those in the United States without criminal records.

“Sean Hannity has taken a bold step and conservatives are behind him. It is time to allow the market — rather than a bureaucratic federal government — to determine our immigration policy,” Aguilar said, according to a press release.

“The tidal wave of support for real reform is growing,” Aguilar said.

“There is a growing momentum within the conservative movement to embrace a market-based immigration plan that is in line with Ronald Reagan, who said it best:  ‘No regulation or law should be allowed if it results in crops rotting in the fields for lack of harvesters,’” Aguilar noted.

In the wake of the GOP’s failure to attract the Latino vote in the 2012 election, Hannity on Thursday said the United States needs to “get rid of the immigration issue altogether.”

“I think you control the border first,” he said. “You create a pathway for those people that are here — you don’t say you’ve got to go home. And that is a position that I’ve evolved on. Because, you know what, it’s got to be resolved.”

He didn’t say a pathway to citizenship for DREAMers only. Excellent.