Posts Tagged ‘Immigration’

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 6)

March 21, 2020

I wrote this before the COVID-19 outbreak, and therefore it does not address this rapidly-changing situation.  It may seem like a lifetime ago that we were discussing impeachment and abuses of power.  However, these are still important questions; besides, I hate loose ends and I have time on my hands, so I want to go ahead and finish.

A president (or other executive) might also be removed based on the present facts; not that he or she is an usurper, but rather that he or she is acting as a tyrant. Obama faced repeated calls for his impeachment, not only by FOX News and other conservative opinion makers but also by Republican lawmakers such as Darrell Issa and Tim Scott. The more substantive arguments alleged abuse of power, in that Obama’s executive orders were said to either go beyond Congressional authorization or to refuse to enforce Congressionally-passed laws. However, none of these claims ever really went anywhere, and it is debatable whether even the people making these charges really believed them; there was a general pattern of calling for Obama’s impeachment during the election season, and dropping the topic once the election was over.

Donald Trump likewise faced calls for his impeachment based on abuse of power; or in Locke’s terms, that he was exercising power which neither he nor anyone had a right to, and thus was acting as a tyrant. A partial list of these reasons include:

  1. Violations of the Constitution’s “Emoluments Clause,” which states that a President may not receive income from foreign persons, powers or properties while in office. Unlike past presidents, Trump has held onto his extensive business empire including business dealings with Russia (which he sought to hide, according to the Mueller Report), investments in Turkey (which even he admits cause “a little conflict of interest”[1]), Saudi Arabia, Qatar, and many other countries, as well as domestic properties that receive much of their income from foreign nationals and governments.
  2. Ten acts of obstruction of justice, as this is defined in law, and as documented in part II of the Mueller Report.
  3. Obstruction of Congress and solicitation of foreign interference in our nation’s elections, violating election law and soliciting a bribe. These last two actually resulted in articles of impeachment being passed by the House of Representatives.

So whereas Obama faced continuous calls for impeachment which never materialized, Trump was in fact impeached based not on past disqualifications but on his present actions. What was the difference?

Locke points towards an answer with his chapter “Of Prerogative.”[2] Locke accepts that no legal system could possibly predict all contingencies, and therefore assumes that a civil government will allow its magistrates to exercise their power at their own discretion. He even accepts that a judge, sheriff, or even a king (or president or other chief executive) might violate the letter of the law. What matters to Locke is the motivation behind this act. Locke distinguishes between proper perogative and abuse of this power by citing the welfare of the people, writing:

 

 

 

But since a rational creature cannot be supposed, when free, to put himself into subjection to another, for his own harm; (though, where he finds a good and wise ruler, he may not perhaps think it either necessary or useful to set precise bounds to his power in all things) prerogative can be nothing but the people’s permitting their rulers to do several things, of their own free choice, where the law was silent, and sometimes too against the direct letter of the law, for the public good; and their acquiescing in it when so done: for as a good prince, who is mindful of the trust put into his hands, and careful of the good of his people, cannot have too much prerogative, that is, power to do good; so a weak and ill prince, who would claim that power which his predecessors exercised without the direction of the law, as a prerogative belonging to him by right of his office, which he may exercise at his pleasure, to make or promote an interest distinct from that of the public, gives the people an occasion to claim their right, and limit that power, which, whilst it was exercised for their good, they were content should be tacitly allowed.[3]

 

 

 

Since the legislature cannot predict every contingency, some leeway must be granted to the executive. The local or national government may act without direct mandate from the law or even seemingly against it. For example, Locke says that if tearing down the house of an innocent man is the only way to stop a fire from spreading and destroying the city, the executive authority on the scene may do so. This is because the people form and assent to government for their own good, and particularly for the preservation of the lives of every one of them. If strict adherence to the law, or inaction until the legislature can convene and issue a relevant law is to lead to the death or suffering of people, then the executive branch of the government must act immediately. Likewise, Locke argues, there may be a person who is technically guilty of breaking the law, but has acted for the good of all and in fact deserves reward and honor rather than punishment; in this case, Locke says, the executive is empowered to pardon this person.[4] Always, the test is whether the act of prerogative is performed as a service to the people and for the good of the community as a whole, or as a right of the executive to act according to his or her own welfare and desires.

Obama faced repeated calls for his impeachment based on his actions at the time, which we call “executive orders” and Locke would define as “prerogative.” Often these calls came from extremist websites and pundits such as InfoWars, but at times the threats came from elected officials or former officials within the Republican party. One particular flash point was immigration.[5]   During the Obama administration there was a rise in border crossings, including both asylum seeking and attempts to sneak across the border undetected. Obama raised the ire of many liberals by deporting large numbers of undocumented and would-be immigrants, even being called “Deporter-in-Chief” by some. However, he issued one of his most controversial executive orders when he announced that the so-called “Dreamers,” children of undocumented immigrant parents who had perhaps lived in this country since infancy, would not be deported. Essentially, the Obama administration announced that it would prioritize deportations, seeking to remove criminals first, and deporting last (if at all) people who had lived in this country for years or decades and who had no part in choosing to immigrate since they were children at the time. This was claimed to be a failure to enforce the laws of the nation, and thus a violation of the Presidential oath of office; it was also alleged that this was done for partisan reasons since the immigrants would presumably vote Democrat. It was even alleged, without any proof and even against all evidence, that large numbers of undocumented immigrants would or had voted Democrat. However, these calls for impeachment may have been mere rhetoric, and in any case they failed to stir any serious impeachment attempt. Obama was able to argue, in courts and to the public, that it was a necessary part of his office to enforce the laws as he thought best for the American people, and that included prioritizing deportations of dangerous undocumented immigrants first, then the unproductive, rather than targeting those who were contributing to the welfare and economy of the nation and hadn’t even chosen to break immigration law in the first place. In Locke’s terms, this seems to be a legitimate exercise of prerogative; and the argument for this was reinforced by the fact that Obama was in fact vigorously enforcing immigration law overall. So long as he was seen as going after what would later be called “bad hombres” few people really cared if he ignored or protected “Dreamers.”

Donald Trump likewise faced calls for impeachment for some of his acts of prerogative. He has publicly suggested pardons for people under investigation for crimes allegedly committed on his behalf, such as Michael Cohen, so long as Cohen refused to cooperate with prosecutors. This is mentioned as one of the possible acts of obstruction of justice found by the Mueller investigation. As Locke says, a legitimate act of prerogative would be to pardon someone who acted against the law, but for the good of the nation; but in this case a pardon was offered for someone whose actions had no benefit for anyone but the president.[6] But while such actions as these were potentially impeachable, Trump faced actual impeachment and trial for his acts of prerogative in attempting to pressure Ukraine, an ally under attack by its stronger neighbor Russia, into doing political favors for him. He used the power of his office to delay promised aid and to withhold a public meeting that would signal U.S. support of Ukraine. Trump then attempted to hide what he was doing from Congress and the people. When the story finally came out, he defended himself by pointing out that Obama had also delayed aid to an ally, Egypt, so it was his right as President to do so. However, Obama had delayed aid because there had been a coup in Egypt; in other instances, there were concerns over corruption in the recipient country. In this case, all relevant agencies had determined that Ukraine needed the military aid promised by Congress, that it was meeting its obligations to fight corruption so the money would be properly spent, and that the aid was urgently needed. The only reason to delay the aid, it seems, was to pressure Ukraine to announce an investigation of one of Trump’s political rivals in an attempt to help Trump’s reelection campaign.

The defense against this claim of abuse of power obliterates the distinction Locke drew between proper prerogative and acts of tyranny.[7] Trump lawyer Alan Dershowitz argued that anything a president does for the good of the nation cannot be considered an abuse of power. Since every politician thinks his or her own reelection is for the good of the nation, anything a sitting public official does to aid his or her own reelection is thus for the good of the people, and a legitimate act of prerogative. While Mr. Dershowitz concedes that a President demanding a contribution to his personal bank account might be impeachable, his efforts to cover up or impede an investigation into this crime would not be; and in any case, demanding some other payoff such as a political favor would not be. While Locke, and our Founding Fathers guided by Locke’s philosophy sought to distinguish between prerogative done for the good of the people and abuses of power done for the benefit of a corrupt politician, the Trump Party has said there is no difference since whatever is done to benefit the political office holder is by definition “for the good of the nation.” Or, as an earlier politician put it, “L’état, c’est moi.”

[1] Russ Choma, “Reminder: Trump Has a Massive Conflict of Interest in Turkey;” Mother Jones Oct. 7, 2019 (https://www.motherjones.com/politics/2019/10/reminder-trump-has-a-massive-conflict-of-interest-in-turkey/)

[2] Locke, Chapter XIV

[3] Locke, sect. 164

[4] Locke, sect. 159-61

[5] Erika Echelburger, “These 7 Conservatives Would Impeach Obama Over Immigration;” Mother Jones November 14, 2014 (https://www.motherjones.com/politics/2014/11/obama-executive-order-immigration-republican-impeachment/)

[6] Bart Jansen, “Trump Repeatedly Tried to Impede the Russia Probe, Mueller Report Says. Was it Obstruction?” USA Today, July 23, 2019 (https://www.usatoday.com/story/news/politics/2019/04/18/mueller-report-evidence-for-and-against-obstruction-president-trump/3405039002/)

[7] Charlie Savage, “Trump Lawyer’s Impeachment Argument Stokes Fears of Unfettered Power;” The New York Times January 20, 2020 (https://www.nytimes.com/2020/01/30/us/politics/dershowitz-trump-impeachment.html)

Things the Right Gets Wrong, pt. 1: Immigration

January 20, 2020

Things the Right Gets Wrong, pt. 1: Immigration: two wrongs don’t make a right, but they do sometimes make a right-winger

 

We can’t restore our civilization with somebody else’s babies.

—-Rep. Steve King, R-Iowa

 

 

Six people have been arrested so far in connection with terrorist threats and plots in Richmond, VA this week.[1]   Right-wing pundits have renewed threats of “civil war” if the elected governments attempt to implement laws that they, private citizens with no legal education and speaking only for a minority of Americans, declare “unconstitutional.”[2] President Trump has openly sided with the violent extremists, echoing their paranoid fears without a whisper discouraging their violent intentions.[3] This is occurring at the eve of Trump’s impeachment trial, one that many GOP senators have promised will be short, look at no evidence, and completely exonerate him. As much as I would like to just stick to philosophy, I am reminded of Plato’s warning that the price of ignoring politics is to be ruled by evil men.

At the center of all of this talk of civil war and this eagerness to ignore crass and rampant corruption, we find this repeated conservative horror that American civilization is on the verge of collapse and that nothing short of armed force or at least the credible threat of violence can save it from the will of the foolish majority. Chants such as “Blood and Soil and “You Will Not Replace Us” reflect their real or affected fear of a “white genocide” where darker-skinned people from countries outside of Northern Europe either slaughter “real Americans” or settle for merely destroying our culture.[4] It is in this context that words such as King’s, coming from Republican elected officials for years, are so chilling. They are nothing less than a call to violence. They are also wrong.

If I have to argue with someone that racism is immoral, I’m doomed to waste the precious time I have on Earth to serve God and enjoy God’s good world. What I choose to do here and now is to say that their plan leads only to national suicide. Japan before the arrival of Perry, China before the Opium Wars, Russia under the Tsars, Spain under the Inquisition, or North Korea today: all followed or follow variations of Rep. Steve King’s mantra. Countries that wall themselves off from the world, convinced of their own superiority or obsessed with their own stability, wind up declining. Even Sparta stagnated and fell, an impoverished husk of a nation despite its powerful army. And Japan today, despite being an open and reasonably progressive democracy, is literally dying of old age.[5] I think to of the Mongol Empire. Mongolia was the largest land empire ever, stretching from the North Pacific to the Middle East, encompassing what we now call China, Iran, Iraq, Afghanistan, North India, South Russia and more; and it all virtually vanished. Sure, you can find genetic evidence of Mongolian occupation, and plenty of ruins of cities they burned; but despite laws the Khan attempted to enforce to keep his people separate from the conquered foes, within a generation they were culturally absorbed. In China they became Chinese, in Islamic lands they became Muslim and so on.

By contrast, look at the Roman Empire. It initially expanded through extremely brutal military campaigns. However, it offered a truly vibrant culture, giving aqueducts, roads, Roman civil law, concrete, and more (https://www.youtube.com/watch?v=Y7tvauOJMHo).   It didn’t do most of this out of any sense of benevolence, but it did have a lot to offer. People wanted to become Roman citizens, and Rome was happy to oblige by making citizenship available even to those born and raised in other cultures. And Roman culture took as freely as it gave, welcoming all sorts of other religions (so long as they themselves also included a little Emperor worship, which got the Christians in trouble), foreign philosophies, foreign gods, foreign science and literature, new foods, new art and more. The testimony to the power of Roman culture is that when Rome fell, generations spent all their efforts trying to become the new Romans. Not only was Europe nominally under the Holy Roman Empire, but Roman laws, Roman architecture, Roman engineering, and even the Roman language for many centuries were the standards all later European cultures sought to imitate. The German “Kaiser” and Russian “Tsar” were their languages’ “Caesar;” even peoples who had never been part of the Roman Empire or whose ancestors fought it vigorously and successfully later sought to claim the Roman heritage. Much the same occurred in Islamic lands as the initial Arab conquests led to absorption of much of the culture of the Eastern Roman, or Byzantine culture.

In 2001, after the 9/11 attacks, I saw a televised interview with a young British Muslim guy ranting about how evil the USA was and how great al Qaeda was for standing up for Islamic culture. He was wearing a NY Yankees baseball cap, without any apparent sense of irony. America may have become a mighty nation by conquering Mexican territory and successful involvement in two world wars; but it became a great nation because of its culture. People around the world want to watch our television and movies; they want our hamburgers and our Levis; they want our free markets, representative democracy, rights for women, free speech and so on. We are not great because we are paler than others; we are great because of baseball, rock and roll, and T-shirts. People want to be us; even our enemies don’t want so much to destroy us than to replace us, while taking over for themselves who we are.

Nations that strive for low immigration, conservative and unchanging cultures, and racial purity either die, or end up like North Korea, impoverished and backwards lands surviving only because most of the population is unable to leave. That is the end of the road which the white nationalist follows. Steve King may claim that he isn’t racist, that he “only” wants to keep out immigrants who aren’t “good Americans,” but this is foolish if not dishonest. He echoes the rhetoric of white nationalists while claiming to not understand what it really means. I say this instead:

 

“We can ONLY restore our civilization with somebody else’s babies.”

 

What do I mean by that? The United States is better at turning immigrants into citizens than any other nation is or has been. We’ve been doing it for our entire history, and we know how to make it work. We’ve been most prosperous when we sought to welcome immigrants, and our economy has always suffered when we tried to shut out foreign goods and foreign peoples. That doesn’t mean “open borders;” that’s the Straw Man argument of the fearful and the racist. But we’ve been able to take in people from the Russian Jewish shtetls to the Bosnian villages and mosques to the Chinese cities and farms and a hundred other cultures, and within a generation they’re as American—or more!—-than the “patriots” who marched in Charlottesville with their torches and their red hats and their threats of civil war. “The hands that built this country we’re always trying to keep down.”[6]

Cultures, like individuals, change as long as they live. “Whatever is not busy being born is busy dying.” Anyone who wants to “restore” a civilization seeks to practice the mortician’s art, when what is needed is a midwife. Sure, you can embalm a culture so that, like a corpse, it looks as good as it once did; but first it has to be dead. A great civilization is one that grows, that produces science and art and prosperity, that attracts immigrants and imitators, that learns from other cultures and takes the best to use for itself. It is like the scribe whom Jesus describes, who has learned and preserved the traditions of the past while also embracing new insights and values, “like the master of a household who brings out of his treasure what is new and what is old.”[7]

Civilizations can die from too much change too fast. Conservatives instinctively understand the values of boundaries and definitions, which liberals can overlook. Reform Judaism began as a modern revival or resuscitation movement, to help the spiritual heritage of the past live in the modern world. But a century later, it seemed ready to dissolve, as young Reform Jews became secular, or Buddhist, or some other faith. Reform has begun emphasizing Hebrew in worship and other conservative traits, to restore a sense of what it is to be Jewish, to be Reform Judaism. I don’t want to say that conservatives are always wrong, or that we should ever totally silence them. But right now our country is swinging more towards the example of the Amish or the Wahhabi, where all change is seen as evil until it is virtually forced. White nationalists refer to Donald Trump as “Glorious Leader;” North Koreans refer to Kim Jong-il as “Dear Leader.” Is that the sort of “patriotism” we need? No! That will not “make America great,” any more than cultural and racial homogeneity, militarism and cultural petrifaction has made North Korea “great.” The ideology of Rep. Steve King, Donald Trump and others of their ilk will kill America, merely to satisfy the xenophobic and those who, like so many despots, are willing to foster paranoia and resentment, knowing it leads to national poverty and decline, simply to satisfy their own ambitions.

[1] Ryan W. Miller, “Three More Suspected Neo-Nazis Arrested before Virginia Gun-Rights Rally, Authorities Say;” USA Today 1/17/2020 (https://www.usatoday.com/story/news/nation/2020/01/17/virginia-gun-rally-3-more-suspected-neo-nazis-base-arrested/4499733002/)

[2] Cydney Hargis, “Fox Nation’s Tomi Lahren on proposed Virginia gun safety laws: “Stop coming for the Second Amendment” or there will be a civil war in the U.S.” Media Matters 1/17/2020 (www.mediamatters.org)

 

[3] WJHL, “President Trump: Second Amendment is Under ‘Very Serious Attack’ in Virginia;” ABC 8 News (https://www.wric.com/news/politics/capitol-connection/president-trump-second-amendment-is-under-very-serious-attack-in-virginia/)

[4] David Neiwert, “When White Nationalists Chant Their Weird Slogans, What Do They Mean?” SPLC: Southern Poverty Law Center 10/10/2017 (https://www.splcenter.org/hatewatch/2017/10/10/when-white-nationalists-chant-their-weird-slogans-what-do-they-mean)

[5] Francisco Toro, “Japan is a Trumpian Paradise of Low Immigration Rates. It’s also a Dying Country;” The Washington Post Agust 29, 2019 (https://www.washingtonpost.com/opinions/2019/08/29/japan-is-trumpian-paradise-low-immigration-rates-its-also-dying-country/)

 

[6] Bruce Springsteen, “American Land,” Wrecking Ball 2012 (Sony Legacy) Here’s a pretty good version: https://www.youtube.com/watch?v=02mZTyTbdTI

[7] Matthew 13:52

First Post of 2019: A Little Game Theory About Building a Wall

January 3, 2019

This was a Facebook post that, as often happens to me, got a little out of hand.  When I realized I’d written an entire article, I decided to just post it here too.  Enjoy!

 

One of the basic elements of game theory is that you need to understand the goals of the players; that is, if you want to predict what a government will do, understand the motives of the people making decisions. Usually, leaders want to maintain power, so they make decisions that will preserve the regime.
 
It takes a lot of work to make decisions for the nation rather than one’s own faction or oneself; it takes effort to realize that one needs to preserve the nation if one wants to have something to lead, it takes effort to be humble and honorable enough to think first of the interests of the nation and of the majority of citizens, it takes effort to find what will help the nation and do that. It takes very little effort to act on one’s own whim, follow one’s gut, do what one’s own inner demons say will make one happy in the moment.
 
#Dolt45 proudly avoids thinking, acting on impulse. He and the entire GOP have been saying that unless he gets $5 billion for a wall that can provide his base with a visual aid, a sort of security theater that won’t do much but will make them feel safer & more powerful, then his personal presidency is over.
 
He understands that he’ll look foolish if he doesn’t win. His words to Schumer and Pelosi are like the first conversation he had with the president of Mexico, back in January 2017, when the Trump “presidency” was a week old: you have to give me what I want because if you don’t I’ll look foolish. https://www.vox.com/policy-and-politics/2017/8/3/16089160/trump-nieto-call-mexico-wall and https://slate.com/news-and-politics/2019/01/trump-says-hed-look-foolish-if-he-agreed-to-reopen-the-government-without-wall-funding.html
 
And THAT, people, is what all of this is all about. A foolish, impulsive, selfish person, who lacks the moral or intellectual ability to be aware of anything besides his own wants and needs, is aware of only one thing: that he’ll look foolish and lose power if he doesn’t get his wall, at taxpayer expense.
 
The fact that some rich donors are also getting richer through this fight—through for-profit prisons for immigrants, through the possibility of lucrative construction contracts and so on—-is just a helpful dividend, part of what helps him to get others to support his purely ego-driven “policy.”
 
Likewise, GOP (Greedy Old Partisans) like McConnell, who have become rich beyond the dreams of avarice through “public service,” see their own power, celebrity and, most importantly, money stream threatened if Trump goes down. They saw their own chances were best if a temporary CR was passed, so initially they agreed 100-0 to keep the government open; but now that #MoronInChief has publicly rejected that solution, they fear that he’ll fall if they stick to what they initially accepted, and that he’ll take them with him. They simply have no incentive to put Country Over Party, and every reason to stick to their partisan guns.
 
And the Democrats have learned that they are dealing with a pack of proven liars, bullies and thieves, who cannot be trusted to keep any secret deals and who, left to their own devices, will destroy the nation itself through mismanagement and even double-dealing with foreign enemies. And by “Democrats” I mean the Democratic base, millions of people, who are pressuring Chuck and Nancy to stop this wall because they know that giving in will show the GOP that bullying, corruption and terrorism work, that democracy and voting and majority rule are for suckers. So the elected Democratic leaders, who represent the majority of the voters in the last election, give in to the minority party, they could find themselves out of office.
 
So that’s the game that’s being played. You have a minority party with lots of institutional political power and the support of most of the rich vs. a new majority that is struggling to turn its majority status into actual political power. The GOP are the Deep State, placing the Democratic Party in the role of revolutionaries and reformers. The leaders of these two parties each want to win for their team and cement their own security by doing so. The GOP Deep State wins if it gets its wall, and loses if it doesn’t, no matter how little good having the wall would do and no matter how much damage they do to the nation and to the millions of people in this nation if the government remains shut down. After all, the majority voted for the Democrats, so hurting the majority of people means hurting enemies of the Republicans, right? And the Democratic leaders win if they stop the wall, making not only #ToddlerInChief but now, by osmosis, every GOP leader look weak and foolish. They would look bad if they seemed to be closing the government for political gain, but #StableGenius has already said he’s proud to own the shutdown; so they have no reason to save him from his own choices.
 
The only way this changes is if the game changes. Either Republicans have to decide it’s in their own interests to override Trump’s veto, or Democrats have to decide to knuckle under to GOP strongarm tactics, thus neutering their party in the short run and committing political suicide (and possibly national suicide) in the mid-to-long run.

An Open Letter to Senator Rand Paul, Republican/KY

February 18, 2017

Hello Everyone:

I wrote Sen. Paul an e-mail, because his office has stopped picking up their phone for calls from voters and his voicemail box is full, asking him to support the movement within the Senate to investigate Donald Trump’s collusion with Russian spy services to subvert the American election the way Russia has corrupted or sought to corrupt elections throughout the free world.  In exchange, I got a newsletter ignoring my original concerns, and instead praising Sen. Paul’s efforts to weaken environmental protections (enjoy your leaded water!), to “broaden the tax base” by shifting taxes away from the rich and onto the middle class and the poor, and to ram through even the least competent of #Dolt45’s Cabinet appointees without even a tenth of the “extreme vetting” that seems appropriate for a Syrian infant escaping bombing by Russian jets.

I attempted to respond to Sen Paul’s newsletter, but, big surprise, the reply bounced.  It seems he doesn’t want to hear from his constituents in that manner either; he only wants us to shut up and listen.  Rather than let my efforts go totally to waste, I’m posting my reply to him here.

Dear Sen. Rand Paul, and whatever staffer might happen to get this message: