Tag Archives: immigration

Who’s in charge here?

President Trump’s recent travails over his immigration restriction order call up the question of what the role of the U. S. federal government is, perhaps in contrast to the roles of other governments. “Federal” is in quotes because many people don’t understand the difference between a federal government and a national one.

Further, many don’t grasp the unique role of the United States – and our government – in the world, since, say, the Spanish-American War. That was a funny, lop-sided war about which little is taught in public schools, anymore. In fact, it was so short-lived and had so few veterans that one might wonder what the fuss was all about, anyway.

“Remember the Maine!” Ever hear that? If you’ve gone to Arlington National Cemetery you’ve seen the Memorial to Maine’s 260 dead sailors. The destruction and sinking of the Maine may or may not have had anything to do with the Spanish, but it caused the decision to solve the Cuba problem, and the Spanish problem, once and for all.

In the end we temporarily took over Cuba (dominating it until Batista was dislodged by Castro), Puerto Rico, the Philippines and Guam; Teddy Roosevelt enhanced his resumé, changing presidential history, and the U. S. became a more involved Pacific power. MacArthur was forced out of the Philippines by the Japanese only to commit to returning, and Guam played a key role against the Japanese, as well. U. S. relations with South and Central American nations became even more strained and domineering, causing difficulties that persist to this day. So, not so inconsequential, after all.

America’s role on this multi-national planet has been gigantic since then, through two World Wars, the rise and demise of Communism in the Soviet Union, and astounding control and profiteering from the global banking/monetary system. Petro-dollars. There are many who think we should tuck our tail and let some other nation do the heavy lifting for a while… we’ve got our own problems to deal with.

Careful thought should reveal that that is the worst path for us to follow. On the other hand, we have learned, painfully, that we can’t impose our form of government on other nations, and we should not. If you’re looking for things that are not constitutional, that is a big one, Prudence counsels.

But after we tried having the several new states contribute to the operations of a “central” government under the Articles of Confederation, we put our minds to the task of creating something new on Earth: a Constitutional Republic, with separated powers and democratically elected representatives and even a democratically elected chief executive – a president not of the Congress, but of the united STATES. It has been quite a ride since then.

By adopting our phenomenal Constitution, “we the people” relinquished a carefully measured portion of our inalienable rights as sovereign citizens, whose rights to life, liberty and the pursuit of happiness came not from the government, but from God, or, if you please, the order of the Universe that resulted in sentient human beings, whatever that is.

At the same time we created for ourselves an exceptional class of humans who are citizens of the United States with certain rights and responsibilities, while we remain citizens of the several States with additional rights and responsibilities. WE, as citizens of the States, FORMED and granted power to, for limited things – big things, but constrained – the new, FEDERAL government. People have their inalienable rights, States have their rights and the Federal government has its rights and “enumerated” powers to facilitate our individual pursuits of happiness, protect our union of states from foreign and domestic dangers, and, to impose some uniformity of laws and economics, including federal taxation and tariffs, and to maintain an army, a navy and a court system.

States could no longer conduct their own diplomacy with foreign governments or have different policies of immigration or of citizenship – those are Federal, logically, and all matters of citizenship or denial of citizenship, with all of the rights and powers that attach to U. S. citizenship, are the business of the Federal authority and of the Federal courts. Disputes between States or between States and the Federal government, are also the province of Federal courts, including appeals to the Supreme Court. And here we may soon be.

The two forces at conflict in the U. S. since the Civil War are Constitutional liberty and extra-Constitutional socialism. Originally, people and States were free to work, create, gain or lose within the law, and take responsibility for gaining or losing; alternatively they needed collective, or socialized sharing of life’s ups and downs to the point of being “free” from hardship and responsibility under the law. One path is strengthening, the other weakening of the social order and of individuals, and weakening of the States, themselves.

President Trump, as he promised, issued an appropriate Executive Order in accordance with the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, restricting entrance to the United States of persons not otherwise legally entitled to enter or re-enter (poorly executed on the ground, but legal and justified, nonetheless) from 7 failed countries that cannot “vet” their residents – no, their occupants – sufficiently to ascertain whether they are who they claim to be or what their record is. From these 7 countries have come, since 9-11, some 72 bad actors who have committed terrorist acts in the United States.

There is no way, practically speaking, to know whether more are on their way; Mr. Trump took an appropriate, Federal step.

Two states sued on the basis that the abrupt interruption of travel impinged on the smooth function of their state governments, particularly of their State Universities, and a federal judge ruled that they had standing to sue. They further charged that Trump’s intention was to ban Muslims, for which they claimed unconstitutionality, as well as “unconstitutional” interruptions on the free travel of their residents, not necessarily of their citizens.

The judge went so far as to cite Trump’s campaign statements about banning Muslims temporarily as a basis for construing an unconstitutional intent – INTENT! – that made the need for a Temporary Restraining Order an emergency.

And here we are. Without precedent, and, let’s hope, without creating a precedent. A federal court has ruled that temporary inconvenience for a State’s internal functions may be sufficient to interrupt lawful measures for the purpose of national security. This is new territory. The creative interference with valid federal duties that restive state’s Attorneys General might devise, is limitless. Federal judges should have sense enough to reject these efforts to politicize our security.

Clearly Prudence doesn’t direct the President, but she strongly advises that the new U. S. Attorney General defend this case in the supreme Court so that there is no precedent created for left-leaning judges to take non-judicial steps to interfere with the executive branch, UN-constitutionally.

Immigration, Emigration, Love the nation

Immigration is a decidedly misunderstood aspect of nationhood. Our Constitution nowhere mentions border protection. At the time of its creation and adoption, everyone was intimately aware of and concerned with frontiers, borders, defense and protecting the existence of our new nation.

Border integrity was so obviously the business of the new government that no one needed reminding. Besides, it was pretty difficult for an individual to get here and hard for him to cause widespread mayhem or murder. Women didn’t do such things in the old days.

And there was still a frontier and unlimited space, or so it seemed. From our side the frontier was where WE were the invaders, which served as a form of border defense in its own way. Manifest destiny.

But border control is inherent to the obligations of government, indeed, primary to them. Without it government becomes simply a facilitator in the demise of it’s ostensible permanence.

Americans have grown up in a dream world. Thanks to instant worldwide communications and the lingering lessons of the 1960’s, Gen-X’ers and Millennials perceive themselves as “citizens of the world,” and borders as inconveniences. To many, the advantages of the United States belong to the world and to everyone who wishes to share the “American Dream.” And he or she has an ill-defined “right” to those advantages, especially if he or she has had a tough life, is poor, and not white… and not a Christian.

As Americans have drifted away from less-than perfect churches, and enjoyed relative peace and fattening prosperity, their children have been taught that religion has no place in their education, and, besides, it imposes restrictions on the wonderful new forms of fun that the “American Dream” has produced. Who are we to withhold this great place to live from non-citizens? How cruel to enforce our own laws.

But, despite our lax mores, the majority of states elected a very different kind of leader in Donald Trump. There is trepidation to be sure, in the early going, but we’re getting what he promised. There is no way – NO way – to reverse the course of national dissipation that outrageous immigration, purposeful lack of border control, and fascination with socialism and communism have wrought, without breaking a lot of eggs… or snowflakes.

Trump, or someone quite like him, was inevitable following the descent into the regulatory, bureaucratic, non-representative state that has eroded the Constitution and the real freedoms enshrined therein. A second mendacious socialist was too much for the heart and soul of the United States. As Ross Perot once stated, 24 years earlier, it was “…time to pick up the broom and go clean out the barn.”

Well, it took us a generation, but we finally hired someone to do so, except he’s “draining the swamp,” which might be better.

Illegal and un-vetted immigration was Trump’s key theme for a year and a half. Daily there are dozens of incidents in which illegal entrants have broken laws as simple as drunk-driving and as complex as home invasion and rape. Sometimes as simple as vehicular homicide or as complex as drug distribution. Sometimes as simple as working under-the-table, or as complex as gang-banging, mayhem and rioting. Sometimes as simple as terrorism with rapid-fire weapons or as complex as terrorism with bombs… or passenger jets.

What is our obligation to illegal entrants, or to false asylum-seekers or to false refugees? Do they have Constitutional rights? How is that possible? When did the Constitution start applying to non-citizens?
What obligations do we have to our legal citizens? Well, everything the Constitution ostensibly guarantees, including the Bill of Rights, which did not create rights, but clearly enumerated them as rights the government we formed henceforth was obligated – is obligated – to PROTECT. Nowhere is the government given license to spread its responsibilities across the peoples of the entire globe – including trying to change their governments.

Our obligation ends at civil, humane treatment of non-citizens, including humane deportation if they are inside our borders illegally. Hell, we even treat them humanely if they commit serious crimes. Since even wealthy drug dealers are “indigent” when caught, we provide attorneys for one and all, EVEN TO FIGHT DEPORTATION when our total responsibility to the citizens of the United States is prompt, humane deportation of them!

The U. S. is not perfect and has been less so in the past, and MORE SO at other times in our past. On balance, we’ve done more good than bad and jump first and fastest to aid anyone who asks when disaster strikes. Our philosophies and the IDEAS that formed this nation are better than those underpinning most countries. That’s not bragging, it’s just so.

They are the reason our growth and wealth have led the world, and why, frankly, so many have come here and try to come here, now. Like no other nation, the United States invites people from every other nation to come here – legally – in order to become Americans. It’s a unique process. Americans, for our part, welcome both visitors and newly-minted citizens. One need not be of the exact same race and origin as those already here, he or she need only share the ideas of America: personal freedom and responsibility, religious freedom and tolerance; honest dealing, respect for law and earning one’s own way.

Those who wail about “illegals” as though they were not only entitled to steal across our borders but are deserving of Constitutional rights as amended and applied for citizens to this day, are deeply confused as to the nature of nationhood, specifically, the nationhood of the United States. These are the same who refuse to acknowledge any goodness in the hearts of patriots of this country, now or in the past, and who, if charged with the task of education, nearly refuse to teach its founding, its ideas or the documents and philosophies that underlay them. For shame.

And so, there is no justice in denying free entrance to all who choose to take our bounty and who, if properly different from U. S. citizens, can help remove the blot of America.

The alternative to erasing the time and impact of Americana is controlling immigration, indeed, limiting it, so that those who come do so to assimilate and share the ideas and ideals of our exceptional nation. All may become Americans, one nation under God.

“OMG, can you say that?”

The Trump Effect

Having been an obvious conservative and Republican for decades, people ask me about Donald Trump and as the primary season has bumped along, my answer now is to divert, slightly, to the “Trump effect.”

The Trump effect has proven to be catalytic. He came in to the race as an erstwhile Republican, and there are fair arguments against the validity of that, but without any political power. He had financial power, but lots of people do and it doesn’t mean they have political power. He had bragadoccio and courage, but those don’t mean political power, either. He had influence, and lots of media exposure, and those are important to political power, but don’t create it.

What is required is some or all of those things plus a key ingredient from among these few: a political or power vacuum in society, an intense desire to gain political power, an intense, patriotic, statesmanlike desire to save society, an intense, sympathetic/empathetic desire to heal and comfort everyone – the penultimate social worker, an idea, or cause, that is shared by large numbers of voters, or a willingness to gain power by hook or by crook for personal, megalomaniacal aggrandizement.

I believe that from these 6 evolve or devolve all the motivations that lead people to desire the presidency and every office below it in hierarchy. Where does the “Trump effect” fit in?

First, Trump seized upon a severe problem that forms the basis of a cause for large numbers of Americans: open borders, or ill-enforced immigration policies. Law-abiding citizens watch in horror as illegal entrants are treated better than citizens, provided welfare of various kinds, granted quasi-legal status despite being criminals, even being allowed to vote, as though the function and sovereignty of the United States is not defendable – or even defensible. He launched his effort with a cause.

The reaction to the cause, however, has yielded intense hatred for Trump and all of his followers. It just happens that the opposition is from the “left,” which, collectively, hates the United States to one degree or another, and which sees flooding the country with illegal entrants – especially racially and culturally very different illegal entrants or supposed Islamic “refugees” – as just desserts for all the cultural crimes the U. S. has committed for so long. This automatically places Trump on the “right,” or in Republican country, a place in which he does not comfortably fit.

Whether or not Trump survives the nomination marathon, “his” widely shared cause will continue to motivate large numbers of citizens. This is the “effect” that we can name as Trump’s for now, but which is a valid political force whose adherents – millions of them – fear will not have a champion if he fades politically. Should that be the outcome of the primaries, caucuses and convention, there will be a real risk of the “Trump forces” breaking away from standard party politics. The reactions of the left to this may not be the smartest, as they perceive a great, false proof of their ability to wield total power.

People who are sympathetic to the “cause” but who are not bound to it, will be unable to stop the breakup of the “right.” Almost by definition, the current “right” would become one end of the “left’s” spectrum. The observed tendency of the Republican “establishment” to cooperate rather destructively with the parts of the governing establishment that desires to disassociate the U. S. from its Constitution, will then make a weird sense. A new “right” will be born.

Suddenly, the political landscape will re-define itself. New alliances among those who are passionate about the Constitution, who are pro-life, pro-individual responsibility, pro-sovereignty and pro-defense of our borders, language and culture, will coalesce. Left and Right will become more distinct and more distinctly opposed. “The Trump effect,” then, is a new politics for both “sides.” Nothing the Republican party – a quite-flawed institution, can do, will put this genie back in a bottle.