“Showing complete disregard for the Constitution, the rule of law, the democratic will of the people of Arizona, Clinton appointee Susan Bolton issued an injunction against the major aspects of Arizona’s law in federal district court,” writes the Washington Watcher at VDARE.COM.
The other day, I came across the most flighty, possibly even dissembling, libertarian argument so far against the prevention of trespass, and I’ve responded to many before. Here it goes: Immigration restrictions require the use of aggression against non-aggressors. There can be no debate about that. [really?] Therefore any half-decent libertarian must reject any immigration restrictions. That’s all.
Since when are immigration restrictions predicated on aggression against non-aggressors? Only if you believe telling someone, “No, you can’t go there” is tantamount to violence. Let us not trivialize violence.
“A well-policed barrier,” for example, “on the border is the definitive, non-aggressive method of defense against ailments and afflictions. You don’t attack, arrest or otherwise molest undesirables; you keep them at bay, away.” Could it be that the “Libertarian and leftist protest over any impediment to the free flow of people across borders is predicated not on the negative, leave-me-alone rights of the individual, but on the positive, manufactured right of human kind to venture wherever, whenever”?
Any law, or any form of ordered liberty, may require the use of aggression, or, inadvertently, culminate in the use of force against non-aggressors. Shall we forfeit all laws?
The above position is anarcho-libertarian, not classical liberal (which is the label I prefer for myself). Anarcho-libertarians must tell their interlocutors that they reject all centrally enforced law and order. Such disclosure is only fair.
This from “TRADE GOODS, NOT PLACES” applies:
“Matters would be simple if all libertarians agreed that a constitutional government has an obligation to repel foreign invaders. They don’t, not if they are anarchists. Both open-border and closed-border libertarian anarcho-capitalists posit that an ideal society is one where there is no entity—government—to monopolize defense and justice functions. In a society based on anarcho-capitalism, where every bit of property is privately owned, the reasoning goes, private property owners cannot object if X invites Y onto his property, so long as he keeps him there, or so long as Y obtains permission to venture onto other spaces. Despite their shared anarchism, limited-immigration anarcho-libertarians and free-immigration anarcho-libertarians arrive respectively at different conclusions when they make the transition from utopia to real life.
The latter believe the state must refrain from interfering with the free movement of people despite the danger they may pose to nationals. The former arrive at the exact opposite conclusion: So long as the modern American Welfare State stands, and so long as it owns large swaths of property, it’s permissible to expect the state to carry out its traditional defensive functions. This includes repelling incomers who may endanger the lives and livelihoods of locals.
The open-border libertarian will claim that his is the less porous position. He will accuse the limited-immigration libertarian of being guilty, on the one hand, of wanting the state to take action to counter immigration, but, on the other hand, because of his anarchism, being at pains to find a basis for the interventions he favors. Not being an anarchist, and hence not having to justify the limited use by government of force against invaders, I hope I have escaped these contradictions.”
A society cannot be reduced to the skeletal essence of the libertarian non-aggression axiom. I am confident Edmund Burke, of whose Vindication of Natural Society Murray Rothbard thoroughly approved (O’Keeffe 2010: 3), would agree.
UPDATE (July 30): To the comment below: Isn’t an argument about the preservation of civilization nativist? Isn’t the preservation of civilization the prerogative only of non-Occidentals, who are forever threatened by Westerners?