Category Archives: Natural Law

Free Speech: When It’s ILLEGAL To Say ‘ILLEGAL Immigrant’

Constitution, Free Speech, Law, Natural Law, Regulation

This is a case of a city’s anti-discrimination ordinance overriding the U.S. Constitution.

Most of us are unaware that the First Amendment to the Constitution has been flagrantly compromised by a city’s anti-discrimination ordinance. In this case, the New York City Human Rights Law.

Last week, New York City’s Commission on Human Rights declared that using the term “illegal alien” pejoratively to describe an undocumented person violates laws designed to protect employees and tenants from discrimination, and could result in fines of up to $250,000.

How long before “merely calling someone an illegal alien on the street, or threatening to call Immigration and Customs Enforcement on them, [becomes] illegal”?

The author at Reason seems to have confidence the above won’t occur, writing that, “It’s important to note that this guidance does not affect all kinds of speech: The law covers workplace harassment, tenants’ rights, and public accommodation.”

More moderate fluff from Reason:

The government cannot simply prohibit people from making politically incorrect statements about undocumented people—it must limit the scope of anti-discrimination mandates in order to satisfy the broad free speech guarantees enjoyed by all people.

Just you wait.

A way more principled analysis—as principled as the positive law can be—is Eugene Volokh’s. He has determined that “constitutionally protected speech [does not] lose its protection because of the speaker’s supposedly improper purpose.

Also way better than the milquetoast Reason Magazine is “NYC Seeks to Curb Speech About Illegal Aliens” by Hans Bader.

Thinking of the Constitution as the supreme law of the land is just silly. Any vestiges of the natural law in the Constitution have long since been buried under the rubble of legislation and statute.

UPDATED (7/22/019): NEW COLUMN: Do We Still Have A Country? Part I

English, Homeland Security, IMMIGRATION, Individual Rights, Individualism Vs. Collectivism, Law, Nationhood, Natural Law, Private Property, Racism

NEW COLUMN, on Townhall.com, is “Do We Still Have A Country? Part I.” It’s accompanied by an abridged YouTube clip.

An excerpt:

How do you know you don’t have a country?

Simply this:

Every single passive, non-aggressive act you take to repel people crossing your borders is considered de facto illegal, or inhumane, or in violation of international law, or in contraventions of some hidden clause in the U.S. Constitution.

So say the experts and their newly minted jurisprudence.

You may tell a toddler, “You can’t go there.” But you may not tell an illegal trespasser, “Hey, turn back. You can’t come into the U.S. at whim.”

Please understand that not giving someone something they demand or desire is a negative act. Or, more accurately, an inaction.

You are not actively doing anything to harm that person by denying them something.

Unless, of course, what you are denying them is their right to their life, their right to their liberty, their right to their property. Those are the only things you may not deny to innocent others. These interlopers do not have a right to, or a lien on, your liberty and property.

But if you cannot say to millions of people streaming across your border, into your turf, “Hey, you can’t go there.” Then it’s simple:

We don’t have a country.

Oh sure, we have a territory. America is a market place for goods and services. A mighty one at that. It’s a market place to which millions arrive each year to make a living and engage in acts of acquisitiveness. ….

… READ THE REST. “Do We Still Have A Country? Part I” is on Townhall.com.

UPDATE (7/22/019): pointing out that language and civics knowledge are not required to pass the US citizenship test: that amounts to bashing. Are you sure it’s not also racist?

Trump, on the other hand:

Tower Of Babel:

Once upon a time:

NEW COLUMN: Trump Barters For Borders — And Wins, Big Time

Democrats, Free Markets, IMMIGRATION, Justice, Nationhood, Natural Law, Republicans

NEW COLUMN IS “Trump Barters For Borders — And Wins, Big Time.” It’s currently on the Unz Review and WND.COM.

RELATED at Townhall.com: “Why The Mighty USA Must Beg Mexico To Police Its Border.”

Excerpt:

If President Trump doesn’t waver, his border deal with Mexico will be a victory. The Mexicans have agreed to quit serving as conduits to hundreds of thousands of central Americans headed for the U.S.A.

Despite protests from Democrats, stateside—Mexico has agreed to significantly increase enforcement on its borders.

At first, Mexico was as defiant as the Democrats—and some Republicans.

Democrats certainly can be counted on to argue for the other side—any side other than the so-called sovereign people they swore to represent.

In fairness to the Democrats, Republicans are only notionally committed to the tough policing of the border. And certainly not if policing the porous border entails threatening trade tariffs against our neighborly narco-state. Some Republican senators even considered a vote to block the tariffs.

Nevertheless, to the hooting and hollering of the cretins in Congress and media, Trump went ahead and threatened Mexico with tariffs.

More than that. The president didn’t just tweet out “strong words” and taunts.

Since Mexico, the party duopoly, and his own courts have forced his hand, the president proceeded to “retrieve from his arsenal a time bomb of ruinous proportions.”

Or, so the Economist hyperventilated …

READ “Trump Barters For Borders — And Wins, Big Time,” on the Unz Review and WND.COM.

RELATED at Townhall.com: “Why The Mighty USA Must Beg Mexico To Police Its Border.”

* Image courtesy of the Unz Review.

America Was Never Meant To Be A Raw, Ripe Democracy

Conservatism, Constitution, Democracy, Federalism, Founding Fathers, Natural Law

In the context of last week’s column against democracy, it’s important to remember that, “the reason the American democracy has been more successful than others is precisely because “the fathers of the American Republic devised an instrument of government unparalleled as a conservative power for ordered liberty.” (“The Conservative Mind” by Russell Kirk.)

Everything in the American Constitution was wisely designed to constrain raw democracy. A “great part of that accomplishment results from the wise conservatism of the Federal Constitution,” which avoids “the peril of a single assembly,” recognizes “the rights of several* states and the necessity for limiting the power of positive legislation.”

However, warned Kirk, the father of American conservatism, “[I]f there is a weak point anywhere in this “artificial reservoir,” “the mighty force which it controls will burst through it and spread destruction far and near.”

(“The Conservative Mind” by Russell Kirk, p. 335)

And so it has.

* The meaning of “several” in this sentence is individual,” I believe. 

** Image is of the guillotine, French democracy in action