Category Archives: Individual Rights

Updated: Vin Suprynowicz On The Immigration Vexation

Classical Liberalism, Crime, Founding Fathers, IMMIGRATION, Individual Rights, libertarianism, Multiculturalism, Reason

“Californians are living now what will be America’s future—unless mass immigration is stopped,” writes Peter Brimelow of VDARE.COM. I thought I’d beat the daring VDARE folks by mentioning the latest American of note to be picked-off by an immigrant: NFL quarterback Steve McNair. His alleged assailant was a 20-year-old Iranian woman, Sahel Kazemi. But VDARE, being unbeatable on exposing the miseries and contradictions of enforced, centrally planned “third-world immigration and immiseration”—that proved impossible.

I do want you to read “Letting the looters vote on who’s for lunch,” an eminently reasonable column by another intrepid freedom lover, Vin Suprynowicz. Other than Vin, myself and Hans-Hermann Hoppe, I have not come across a libertarian who was willing—and able—to offer a sane, reality-based, countervailing analysis of current libertarian “thinking” on immigration:

“A recent column on the euphemisms used by proponents of illegal-immigrant amnesty brought some irate buzzing from all seven members of the Young Anarchists’ League.

As near as I can figure, I’m “not allowed” to call for the enforcement of current immigration laws — or possibly of any laws, even those few (like the immigration laws) enacted within the powers delegated to Congress under the Constitution — because any such enforcement of the law amounts to some kind of “collectivist police state fascism” against people who have “not initiated force or fraud.”

I’m not sure how you cut through a border fence without “initiating force,” or how you rent an apartment, register a car and go to work every day using someone else’s Social Security number without “initiating fraud.”

I’m further “not allowed” to cite the cost to taxpayers of illegal alien trespassers swarming our public schools and hospitals, lest I be accused of somehow “supporting” tax subsidies for schools and hospitals.

As it so happens, as a libertarian (not an anarchist) I do stand proudly and publicly against tax subsidies for schools and hospitals. People should pay their own way, and seek private charity if unable to do so. This would bring down costs for everyone. But that’s not enough for my young anarchist friends. Instead, I am apparently obliged to pretend these current, swelling tax burdens do not exist.

Perhaps this is an easier position to maintain if Mommy and Daddy still pay all your taxes, while allowing you to live in the basement, pounding your keyboard.

I do remember hearing my friend Jackie Casey, former head of the college Libertarians at the University of Arizona, regaling me with tales of how she would join her mother to visit rental properties the family owned south of Tucson.

Virtually every night, the human waves pouring north through the area would invade these residence units, using the sinks and other available surfaces for bodily activities which most of us reserve for actual toilets. Jackie and her mom would don elbow-length rubber gloves and go to work with their ammonia and bleach, cleaning up the human feces deposited by our noble wave of “harmless guest workers” who I’m “not allowed” to call trespassers because they “never initiative force or fraud” against anyone, merely going “where landlords and employers want them.” …

“Tara Cleveland was a lovely Las Vegas beauty pageant runner-up, an all-A student who wanted to go to law school and who sang at an annual “Spring Fling” employee party here at the Review-Journal 15 years ago. A short time later she was involved in a minor traffic accident in nearby North Las Vegas in which her car was struck by another car driven by two illegal Mexicans.

These two honored Latino guest workers immediately thought, “What would brave freedom fighters like George Washington and Nathan Hale have done, in these circumstances?” So, of course, they ran away.

Tara pursued and confronted the pair. At that point, channeling the spirits of brave patriots like John Adams and Thomas Jefferson, these two south-of-the-border freedom fighters shot Tara Cleveland in the face with a double-barrelled shotgun, which had the predictable effect of killing her. They then stole her car and ran away again, eventually reaching Mexico.

It sure puts me in mind of the courage, the principles, the self-sacrifice of the men who risked their lives and their personal fortunes to fight the American Revolution, doesn’t it you?

One of the pair, Joseph Villezcas, was turned over by Mexican authorities in 2006, after they determined he was not actually a Mexican national. He was returned to Nevada and convicted of second-degree murder. But the other, now-33-year-old Fernando Garcia Valenzuela, received sanctuary in Mexico.

Clearly a genius on the order of Ben Franklin, freedom-fighter Valenzuela was not about to stay home, though. He was arrested in California in 1998 and 1999, though authorities there did not link him to the outstanding Las Vegas warrant, possibly because he used fake ID and a fake date of birth — while somehow still not “initiating force or fraud,” you understand.”…

[SNIP]

Read the complete column, “Letting the looters vote on who’s for lunch.”

This writer has argued that on certain “moral (and legal) matters, patriotic, freedom-loving Americans agree instinctively.” The right and righteous rage Suprynowicz expresses comports with the aforementioned observation.
It also reminds me of my sentiments in “José Medellín’s Dead; Cue The Mariachi Band.” To say nothing of my unabashed refusal, in the fractious Comments Section of a BAB debate (scroll down for the referenced exchange), to succumb to Tom Knapp’s egalitarianism-tainted brow-beating and admit that we are all essentially the same, and that—because all immigrants—libertarian scribe ilana mercer and her Ph.D., productive spouse were comparable in their combined contribution to this country to a scum, uneducated, illegal alien, Mexican drug dealer.

In its vim and verve, the Vin piece captures all that stuff. And it’s all good.

Update: Do me the courtesy of at least being vaguely acquainted with my position on immigration (gleaned from going through the Immigration Archive). My policy is not to quote distortions of my positions. I’ve never contended that “illegal immigration” is the country’s demise. Rather, mass immigration, legal and illegal, will indeed be the country’s undoing. I’m an immigration restrictionist for a reason. And those who’re not are rightly termed the “Treason Lobby.”

In response to the tired, so called argument to the effect that, “We have local criminals and welfare bums in the US,” I have countered again and again in articles and on the blog (only the other day) that,
“From the fact that taxpayer-funded welfare for nationals is morally wrong, why does it follow that extending it to millions of unviable non-nationals is economically and morally negligible? Or that it remotely comports with the libertarian goal of curtailing government growth? How is this stock-in-trade, truncated argument different from positing that because a bank has been robbed by one band of bandits (welfare-dependent nationals), repelling or arresting the next (welfare-dependent non-nationals) is unnecessary because the damage has already been done?”

If the leap is not too difficult, please apply this logic to local versus imported criminals, and please do not again inflict on me the vacuity of the non sequitur, “But, but, we have plenty local criminals in the country…”

So bloody what? The premise of that “argument” is: Importing more detritus is negligible to life and property (the robbed bank analogy), because, once some nationals steal property and snuff-out lives, then non-nationals ought to be allowed to have at these expendable resources.

'Wise Latina' Loses

Affirmative Action, Constitution, Individual Rights, Justice, Law, Race, Racism, The Courts

Sonia Sotomayor’s Latina wisdom has come back to hurt and haunt her in the case of the New Haven Honkies, whose discrimination case she dismissed. So too is the Supreme Court’s blah blah Bader Ginsburg’s dissent noteworthy for its unwise quality. At least neither one of these Delphic ditzes carried the day. Reports the Christian Science Monitor:

“The US Supreme Court ruled 5 to 4 on Monday that the Connecticut city violated Title VII of the Civil Rights Act of 1964 by using race as the key criterion in refusing to certify a group of white and Hispanic firefighters for promotion.

City officials said they were afraid that if they promoted the white and Hispanic firefighters but no African-American firefighters, the city would be subject to a lawsuit by black firefighters. The high court disagreed.

“Fear of litigation alone cannot justify an employer’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions,” Justice Anthony Kennedy wrote in the majority opinion.

The high court’s action overturns the 2008 decision of a three-judge appeals-court panel that included Judge Sonia Sotomayor, President Obama’s nominee to replace retiring Justice David Souter.

The New Haven firefighters case – and the Supreme Court’s view of it – are expected to play an important role in Judge Sotomayor’s Senate confirmation hearings next month.

The judge is believed to be a strong supporter of New Haven’s legal position in the case. In addition, it is unclear why her three-judge panel initially handed down a brief, unpublished, unsigned summary order disposing of the case without offering even cursory legal analysis.

Beyond the Sotomayor nomination, the decision is important because it provides guidance to employers that they may continue to rely on objective, work-related exams without facing a discrimination lawsuit from those who do not pass the test.

At the heart of the case were two competing provisions of Title VII of the Civil Rights Act. One section bars discriminatory treatment based on race or ethnicity. A different section urges employers to avoid making job-related decisions that create a disparate impact on minority workers.

If, for example, a city conducts an exam to determine which workers will be promoted and then no African-Americans are identified for promotion – that disparate impact on black workers is presumed to be illegal. The city is expected to correct the situation.

But the law also forbids employers from using race as the sole or primary criterion for hiring or promotions – including decisions that disfavor white employees because of their race.

In this way, New Haven found itself in a Catch-22.

Justice Kennedy and the other majority justices resolved this dilemma by ruling that New Haven needed a “strong basis in evidence” to justify its discrimination against white and Hispanic firefighters. He said a mere statistical disparity alone could not amount to the strong evidence necessary.

Kennedy added that once a fair test procedure is set, employers may not invalidate the results based on race or ethnicity. “Doing so … is antithetical to the notion of a workplace where individuals are guaranteed equal opportunity regardless of race,” he wrote.

In a dissent, Justice Ruth Bader Ginsburg said New Haven had not engaged in illegal discrimination against the white firefighters because they had no vested right to a promotion.

She wrote that the majority justices ignored “substantial evidence of multiple flaws in the tests New Haven used.” She added that the court failed to acknowledge better tests used in other cities.

“The court’s order and opinion, I anticipate, will not have staying power,” she said.

[SNIP]

From “Beware of ‘Absolut’ Libertarian Lunacy”: “By petitioning the courts, when they should go gentle into that good night, white men like Ricci are seeking equality of results much as blacks do through coercive civil rights laws. … Ricci was wronged for excelling. He is not petitioning for special favors; he’s petitioning against them. If anything, Ricci is asking only that the city accept inequality of outcomes; accept that not all are created equal—and that he, more so than his less-qualified colleagues, is most suited to fighting fires and dousing departmental flames.”

‘Wise Latina’ Loses

Affirmative Action, Constitution, Individual Rights, Justice, Law, Race, Racism, The Courts

Sonia Sotomayor’s Latina wisdom has come back to hurt and haunt her in the case of the New Haven Honkies, whose discrimination case she dismissed. So too is the Supreme Court’s blah blah Bader Ginsburg’s dissent noteworthy for its unwise quality. At least neither one of these Delphic ditzes carried the day. Reports the Christian Science Monitor:

“The US Supreme Court ruled 5 to 4 on Monday that the Connecticut city violated Title VII of the Civil Rights Act of 1964 by using race as the key criterion in refusing to certify a group of white and Hispanic firefighters for promotion.

City officials said they were afraid that if they promoted the white and Hispanic firefighters but no African-American firefighters, the city would be subject to a lawsuit by black firefighters. The high court disagreed.

“Fear of litigation alone cannot justify an employer’s reliance on race to the detriment of individuals who passed the examinations and qualified for promotions,” Justice Anthony Kennedy wrote in the majority opinion.

The high court’s action overturns the 2008 decision of a three-judge appeals-court panel that included Judge Sonia Sotomayor, President Obama’s nominee to replace retiring Justice David Souter.

The New Haven firefighters case – and the Supreme Court’s view of it – are expected to play an important role in Judge Sotomayor’s Senate confirmation hearings next month.

The judge is believed to be a strong supporter of New Haven’s legal position in the case. In addition, it is unclear why her three-judge panel initially handed down a brief, unpublished, unsigned summary order disposing of the case without offering even cursory legal analysis.

Beyond the Sotomayor nomination, the decision is important because it provides guidance to employers that they may continue to rely on objective, work-related exams without facing a discrimination lawsuit from those who do not pass the test.

At the heart of the case were two competing provisions of Title VII of the Civil Rights Act. One section bars discriminatory treatment based on race or ethnicity. A different section urges employers to avoid making job-related decisions that create a disparate impact on minority workers.

If, for example, a city conducts an exam to determine which workers will be promoted and then no African-Americans are identified for promotion – that disparate impact on black workers is presumed to be illegal. The city is expected to correct the situation.

But the law also forbids employers from using race as the sole or primary criterion for hiring or promotions – including decisions that disfavor white employees because of their race.

In this way, New Haven found itself in a Catch-22.

Justice Kennedy and the other majority justices resolved this dilemma by ruling that New Haven needed a “strong basis in evidence” to justify its discrimination against white and Hispanic firefighters. He said a mere statistical disparity alone could not amount to the strong evidence necessary.

Kennedy added that once a fair test procedure is set, employers may not invalidate the results based on race or ethnicity. “Doing so … is antithetical to the notion of a workplace where individuals are guaranteed equal opportunity regardless of race,” he wrote.

In a dissent, Justice Ruth Bader Ginsburg said New Haven had not engaged in illegal discrimination against the white firefighters because they had no vested right to a promotion.

She wrote that the majority justices ignored “substantial evidence of multiple flaws in the tests New Haven used.” She added that the court failed to acknowledge better tests used in other cities.

“The court’s order and opinion, I anticipate, will not have staying power,” she said.

[SNIP]

From “Beware of ‘Absolut’ Libertarian Lunacy”: “By petitioning the courts, when they should go gentle into that good night, white men like Ricci are seeking equality of results much as blacks do through coercive civil rights laws. … Ricci was wronged for excelling. He is not petitioning for special favors; he’s petitioning against them. If anything, Ricci is asking only that the city accept inequality of outcomes; accept that not all are created equal—and that he, more so than his less-qualified colleagues, is most suited to fighting fires and dousing departmental flames.”

Updated: ‘He One Holy Roller’

Constitution, Democrats, Ethics, Federalism, Individual Rights, Iraq, Law, Morality, Neoconservatism, Political Philosophy, Republicans

Another of my archaic titles (it hails from the Beatles’ “Come Together“).

Speaking at Notre Dame, “America’s leading Roman Catholic university,” President Obama called on the factions warring over abortion to come together and find common grounds.

“So let’s work together to reduce the number of women seeking abortions by reducing unintended pregnancies, and making adoption more available, and providing care and support for women who do carry their child to term.”

I agree. In their lyrics, the Beatles exhorted, “Come Together Right Now Over Me.” Make it, “Come Together Right Now Over the Constitution.”

There is no warrant in the constitution for or against abortion, adultery, homo-or hetero marriage, etc.

Quaint, I know, but to the federal government were delegated only limited and enumerated powers (Article I, Section 8):

The Tenth Amendment to the Constitution states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Yet pro-life advocates want to force their way on the rest through a constitutional amendment. And pro-choice agitators wish to compel the country—and their countrymen who oppose the procedure—to pay for abortions.

Obama is no constitutional scholar although he is touted as one. But he should know that the Constitution proscribes his meddling and prescribes, via the brilliant Tenth Amendment, a perfectly good solution: Leave it to the states and the individuals concerned (and let them pay out-of pocket).

Would that pro-life types fussed as much over fully formed, innocent human beings (such as those who’ve perished in Iraq) as they do over fetuses. Republicans sure showed their contempt for life in their enthusiasim for the carnage visited on Iraqis.

Come to think of it, the culture of life never seems to extend beyond a claim of dominion over another human being’s body.

Update (May 19): I’ve posted this Iraq notice before, but judging from the letters received, retention is non-existent. So here goes again:

A note to the neoconservatives who frequent this site, and post their ill-formulated fulminations vis-a-vis the war on Iraq: That war is not going to be adjudicated again here, not ever. I chronicled the invasion of Iraq at great length, applying fact and every ounce of reason in my possession to repudiate and denounce that war crime. The case is closed! Neoconservative ideologues stand in the dock for aiding and abetting a war crime. The lazy neoconservative can read my archive on the topic. While I can imagine these ideologues urgently need to make peace with their maker, or consciences, for their role in a crime of such moral and material magnitude, they will not do so on my private property!