The real threat to democracy in Brazil

Earlier this week, Ricardo Lewandowski, a judge in Brazil’s Supreme Federal Court, was in a commercial flight. The passenger sitting next to him turned to the judge and said: “I am ashamed of Brazil’s Supreme Federal Court”. Lewandowski’s reaction was to threaten the passenger with jail. He turned to him and said, “tell me, do you want to go to jail?”  The passenger was indeed stopped by the police at the destination, but released right after. The video of the exchange is easily found on Youtube.

Lewandowski came to the Supreme Court appointed by former president Lula da Silva, today serving time in jail for corruption and still indicted for several crimes. He has been criticized several times for favoring Lula and his party.

I wonder if the press, that complains so much about Jair Bolsonaro being a threat to democracy in Brazil, will have the same treatment for Lewandowski. When you cannot criticize in public a public server or a public institution without being stopped by the police, democracy is no longer in place.

Since the 19th-century Brazilian judges and magistrates believe they are above the law. It is just a sad fact in Brazilian history. The challenge for Brazil is to show people like Lewandowski that they are just humans, open to criticism, like everybody else.

Joakim Book: Winner of the 2018 Money Metals Exchange & Sound Money Defense League essay contest

Just to keep readers up to date, Joakim just won a scholarship for an essay on sound money and banking. Here is the link to the essay. Here is the link to the announcement. It reads as follows:

For the third straight year, Money Metals Exchange, a national precious metals dealer recently ranked “Best in the USA,” has teamed up with the Sound Money Defense League to offer the first gold-backed scholarship of the modern era. These groups have set aside 100 ounces of physical gold to reward outstanding students who display a thorough understanding of the economics, monetary policy, and sound money.

A gold-backed scholarship?! Freakin’ awesome. Here is Joakim’s latest post at NOL, which was highlighted at the Financial Times‘ “Alphaville” blog (the FT is like the Wall Street Journal for countries that were once part of the British Empire).

One of the things I liked most about Joakim’s latest blog was the fact that he incorporated a post by another Notewriter into his thoughts (in this case Rick’s musings on Mariana Mazzucato and counterfactuals). The folks at “Alphaville” have been good to us over the years, too. They’ve linked, since 2017, to thoughts from Shree, Federico, Vincent (twice!), Mark, and Tridivesh as well as Joakim.

Joakim’s well-deserved award stacks up quite nicely with Lucas’ 2018 Novak Award from the Acton Institute and Nick’s winning entry for the Mont Pelerin Society’s 2018 Hayek essay competition. All in all, it’s been a good year for the Notewriters.

Populism versus Constitutional Democracy

What is the difference between a conservative and a reactionary? A conservative knows when she has lost.

A conservative respects the status quo for the sake of stability. The reactionary rebels against it. Unfortunately, it is the reactionary impulse within Brexit that now threatens to hem in the liberties of British citizens, and threaten the rights of foreign residents, for a long time to come. A looser but productive relationship that Britain could have had with the European Union was lost, first at Maastricht in 1992, then again at Lisbon in 2007. A conservative recognizes this loss and adapts her politics to the new landscape. The reactionary tries to reconstruct those lost pasts in vain as the chaotic debates in Britain and the increasingly disappointing outcome illustrates.

Does this mean that referendums are bad? Do they only embolden radicals and reactionaries? It depends. If referendums are used to rubberstamp the decisions of a party in power, or as a way of deferring political judgement, then they are useless at best, dangerous at worst. By contrast, if they are part of the fabric of a democracy, and act as a real veto on constitutional change, rather than a populist rallying point, then they can be enormously valuable. They act as an additional check on the political establishment that might be irrationally fixated on some new governance structure. It ensures that every major change carries with it some level of majority support.

Ten years ago, I wrote a monograph Total Recall: How direct democracy can improve Britain. I advocated supplementing representative democracy with a norm or statutory requirement for referendums on constitutional issues and new local initiative powers. I focused on direct democracy in US states that mean that US state elections often involve both voting for representatives and on propositions. Referendums are required for state constitutional changes. In some states, citizens can initiate new legislation through propositions.

There are parallel constitutional requirements in force in parts of Europe, particularly in Switzerland, Norway and Ireland. It is hardly a coincidence that direct democratic mechanisms have slowed down European integration wherever they have had statutory rather than merely advisory force. Ireland had to go to the polls several times to get the ‘right’ answer but at least this meant that a majority of Irish eventually accepted the new EU arrangements. By contrast, Switzerland and Norway, against the wishes of their political establishments, took European integration only so far before settling with generous trade relations and much more limited political integration. The cost-benefit calculus of their arrangements are up for debate, but few would deny their legitimacy. Britain’s future position, by contrast, may turn out to look much worse and all because its people never had the chance to say ‘no’ until long after the facts on the ground changed.

It’s the ability to say ‘no’ that’s important, with the implication that the status quo must still be a viable option. A people cannot be legislators. Mass votes can’t add up to complex judgements to inform actionable law. Hence the Brexit referendum for leaving the EU for an unknown alternative was bound to lead to chaos which, in the long run, may undermine the legitimacy of representative government, let alone popular democracy, rather than strengthen it. There is no status quo ante to return to.

At the time I was writing Total Recall, the spirits of referendums never voted on haunted British politics. Referendums were promised on adopting the Euro and the European Constitution. Both were abandoned when the Government realized they would almost certainly lose. So we stayed out of the Euro but signed what became the Lisbon Treaty. This turned out to be a deadly combination that eventually led to Brexit. The Euro is quite badly managed as an economic scheme. As a political mechanism, however, it binds members of the Euro much closer together. Leaving the European Union, as Britain is doing, is perilous and costly. Leaving the Eurozone would be even more difficult as it would involve establishing a new currency from scratch. If New Labour had been serious about putting Britain in a federal united states of Europe, it should have gone all in with the Euro from the beginning.

So Brexit could have been avoided but not by ignoring majority sentiments. If British referendums were constitutionally mandated rather than the random outcome of internal (in this case, Conservative) party politics; if referendums were required to change the status quo rather than a mechanism for a belligerent minority to relitigate past losses, then, like Switzerland and Norway, we would be in a much better position now.

Will our political leaders learn this lesson for the future? That I doubt.

More Longform essays

Barry’s essays on republican libertarianism (not what you think, American readers!) and British sovereignty and isolationism are up in the new ‘Longform Essays‘ section of the blog. You’ll see that there are more in the works, too, including essays by Zak, Rick, and at least one more from Barry.

These essays join Jacques’ work on legal immigration into the United States and protectionism/free trade, as well as Mary’s essay on education and its relationship with The State.

Editing these essays makes me the luckiest dude in all of libertarian-dom! I hope there are many more in the years to come.

I still pay attention to the news cycle, but it’s so outrageous these days that it’s hard to write about, let alone analyse or interpret. What a mess. I will say that corporate media is definitely skewed to the left.

Libertarians – and economists – haven’t done a good job of explaining the benefits of free trade. Telling the man on the street that free trade is a fundamental truth has not worked. “Democracy” is another major issue; people throw the word around like a baseball, but its fundamentals are rarely discussed. Given that we’ve gone to war over democracy, on numerous occasions, I think it needs to be discussed far more often.

At any rate, enjoy the essays!

Legal Immigration Into the United States (Part 20): Transitional Measures and Conclusions

We must recognize than any orderly system used to select and admit immigrants involves a degree of bureaucratic slowness. Hence, the existing family preference-based program would have to be extended for several years, maybe as long as ten, while accepting no more new applications. It’s likely that the compromise solution would even have to be some sort of measure that guarantees that the last direct descendants and direct ascendants of existing immigrants have been accommodated.

To remedy the labor rigidity consequent on the abolition of family preference as the primary source of admission, the US might re-instate a new version of the 1942-1964 bracero program. I refer to a system of admission of temporary contractual workers guaranteed a minimum wage and decent living conditions by employers for a stated period. Temporary immigrants admitted in this manner would have no expectation of permanent admission to the US. The problem of “stay-overs” could be solved through a conventional bonding system. (I am puzzled about why bonding has not yet been tried in connection to immigration.) The work sojourns would have to be made renewable in law so that the US might preserve the option of keeping temp. workers who had acquired valuable and rare skills during, or even before their first, or following stay in-country. In exceptional cases, temp. workers in such a program could be channeled to the new F-1B program, perhaps with credit given for experiences working in the US and for cultural adjustment.

Conclusions

In summary: I deplore two features of current public discussions of legal immigration: They are ill-informed to an astonishing degree; and, they are often crude, lacking in both subtlety and imagination, like an argument between two people who keep cutting each other off. Unless one formulates a systematic alternative to the current system, one squarely separating immigration based on altruism from merit-based immigration, immigration based on the expected immigrants contributions to American society, the helter-skelter liberal project will continue to prevail. It is now prevailing by default in the minds of  most Americans. Those who have the energy to resist it too often limit their response to a blind “No!”In the end,  if no countervailing project emerges forcefully, we will witness the establishment of a statist one-party system in the US. Libertarians, among others, should hurry to confront their close friends and relatives who toy with the dangerous delusion of open borders.

[Editor’s note: in case you missed it, here is Part 19; you can also read the entire essay at the “LongForm Essays” section of the blog.]

Legal Immigration Into the United States (Part 19): How to Go About It

Admitting immigrants legally for the benefit of American society need not be bureaucratically demanding. The existing H-1B visa program could fairly easily be turned into a merit system. It would require only minor tweaking. The main tweak would be to forbid or, at least, to restrict severely employers’ reliance on labor contractors through which most of the abuses occur, I believe. (See, for example, the infamous Disney case, described below.) Let each employer applying for such visas be squarely on record as vouching for the individual beneficiaries’ quality.

Following the example of Canada, some degree of priority could be assigned to obvious contributions to successful adaptation to American society, beginning with knowledge of English. (This might actually require a new law making English the official language of the US.) I listed above other examples of immigrants features that might be scored positively. Note again that avoiding the drawbacks of a completely relative-based system does not necessarily imply the rejection of the simple idea that having relatives in the country often facilitates adjustment. Within the framework of a H-1B-type point system, some degree of preference could be assigned to the fact that the beneficiary has relatives in the US close to where he will first settle. This would not be family re-unification under a different guise because family relations would be subordinate to work capabilities and other features facilitating adaptation.

The next necessary tweak has to do with the fact that the H-1B program has a bad reputation among the unemployed and  the uncertainly employed. So, in 2016, the Walt Disney company was sued, famously for having American workers train their F-1B visa replacements before they were laid off. The suit was dismissed by reason of what I think was a big loophole in the protective measures in favor of American workers in connection with the H-1B program. No one denied that Disney had done what it was accused to have done. Many believe furiously that the program actively discriminates against American workers and keeps their wages low. To make it more acceptable, the existing H-1B safeguards against noxious practices undermining the employment of the American-born and of legal resident immigrants would have to be widely publicized and remedies against abuses would have to be made judicially more accessible than they are now.

The American public would also have to be ready for the predictable consequences of merit policies in terms of culture and in terms of politics. The merit-based program I envisage would result quickly in a large increase in Indian immigration. Although Indians have been very good immigrants by most counts, there might be objections because nearly all of them seem to suck some form of leftism or other with their mother’s milk. In addition, and although India is often celebrated as the “world largest democracy,” there is some question about educated Indians’ attachment to the constituent forms of historically Western democracy, specifically. (I am a small-time expert on this because I read items in and through the Indian press and because I have Indian relatives. They are a tiny biased sample, of course but also an informational gateway of sorts. See also India-born commentator Jayant Bhandari in the October 5 2017 issue of Acting Man: “Canada: Risks of a Parliamentary Democracy.”)

This problem and others like it could be mitigated by placing a numerical ceiling on the total number of immigrants from any one country. I predict informally that this particular problem would turn out to be limited because, once the gates of legal immigration opened for real, there would be a sharp increase in applications from European countries with democratic systems similar to ours. This too would have consequences: As I have pointed out, by and large Europeans are not shy about using any form of welfare, broadly defined, including unemployment benefits. I note shyly that placing a ceiling on the contribution of any one nation-state to US immigration would seem “fair” to liberal opinion, making the whole project more acceptable than would otherwise be the case.

Incidentally, a reasonable merit-based system, aimed as it would at foreigners of some competence, might produce additional revenue to help defray both the cost of better enforcement of immigration laws, and the cost of caring for people admitted on altruistic grounds.

[Editor’s note: in case you missed it, here is Part 18]

Legal Immigration Into the United States (Part 18): Reforms I Would Favor

Now, here is what I, personally, a US citizen and an appreciative immigrant, as well as a small government conservative, would like to see happen: As I pointed out before, most liberals and quite a few conservatives perceive allowing all immigration as a sort of altruistic gesture. That includes those who do not overtly call for open borders but whose concrete proposals (“Abolish ICE.”) would result in a soft state that would provide the equivalent of open borders. As far as I can tell – with the major exception of Tabarrok, discussed above – many pure libertarians whisper that they are all for open borders, but they only whisper it. I speculate that they are forced to take this principled but unreasonable position to avoid having to defend the nation-state as a necessary institutional arrangement to control immigration.  Frankly, I wish they would come out of the closet and I hope this essay will shame some into doing so.

The most urgent thing to my mind is to separate conceptually and bureaucratically with the utmost vigor, immigration intended to benefit us, American citizens and lawfully admitted immigrants, and beyond us, to promote a version of the American polity close to the Founders’ vision, on the one hand, from immigration intended to help someone else, or something else, on the other. The US can afford both but the amalgam of the two leads to bad policies. (See, for example the story “The Refugee Detectives: Inside Germany’s High-Stake Operation to Sort People Fleeing Death…” by Graeme Wood in The Atlantic, April 2018.)

Next, I think conservatives should favor, for now, an upper numerical limit to immigration, one pegged perhaps to the growth of our domestic population. Though my heart is not in it, it seems to me that this is a prudent recommendation in view of the threatening prospect of a Democratic one-party governance.

The first category of immigrants would be admitted on some sort of merit basis, as I said, perhaps a version of the system I discuss above. The second category would include all refugees and asylum seekers, and, to a limited extent, their relatives. Given a strictly altruistic intent in accepting such people, Congress and the President jointly would be in a better position than they are today to apply any strictures at all, including philosophical and even religious tests of compatibility with central features of American legal and philosophical tradition – if any. (Of course, in spite of the courts’ interventions in the matter, I have not found the part of the Constitution that forbids the Federal Government from barring anyone it wants, including on religious grounds. Rational arguments can be made against such decisions but they are not anchored in the Constitution, I believe. (See constitutional lawyers David B. Rivkin and Lee A. Casey’s analysis: “The Judicial ‘Resistance’ is Futile” in the Wall Street Journal of 2/7/18.)

I think thus both that we could admit many more people seeking shelter from war and other catastrophes than we do, and that we should vet them extensively and deeply. We could also rehabilitate the notion of provisional admission. Many of the large number of current Syrian refugees would not doubt like to go home if it were possible. Such refugees could be given, say, a five-year renewable visa. As I pointed out above, some beliefs system are but little compatible with peaceful assimilation into American society. This can be said aloud without proffering superfluous insults toward any group.  National hypocrisy does not make sense because it rarely fools anyone. In general, I think all American society has been too shy in this connection, too submissive to political correctness. So, think of this example: French constitutions, most of the fifteen of them anyway, proclaim the primacy of something called “the general interest,” a wide open door to authoritarian collectivism if there ever was one. There is no reason to not query French would-be immigrants on this account. I would gladly take points off for answers expressing a submissiveness to this viewpoint. (Yes, I am one of those who suspect that the French Revolution is one of the mothers of democracy but also, of Communism and of Fascism.)

Similarly Muslim religious authorities as well as would-be Muslim immigrants could be challenged like this: Just tell us publicly if Islamic dogma welcomes separation of religion and government. State, also in public, loudly and clearly that apostasy does not deserve death, that it deserves no punishment at all. Admission decisions would be a function of the answers given. Sure, people would be coached and many would cheat but, they would be on record. The most sincere would not accept going on record against their doctrine. Sorry to be so cynical but I don’t fear the least sincere!

The underlying reasoning for such policies of exclusion is this: First, I repeat that there is no ethical system that obligates American society to commit suicide, fast or slowly; second, probabilistic calculations of danger and of usefulness both are the only practicable ones in the matter of admitting different groups and categories. (I don’t avoid jumping from planes with a parachute because those who do die every time they try but because they die more often than those who don’t.) Based on recent experience (twenty years+), Muslims are more likely to commit terrorist acts than Lutherans. (It’s also true that there is a very low probability for both groups.) Based on common sense and the news, most Mexicans must have acquired a high tolerance for political corruption. Based on longer experience, many Western Europeans have extensive and expensive expectations regarding the availability of tax supported welfare benefits. Based – perhaps- on one thousand years of observation, the Chinese tend to favor collective discipline over individual rights more than Americans do. (See my: “Muslim Refugees in perspective.”)

Pronouncing aloud these probabilistic statements does not shut off the possibility of ignoring them because immigrants from the same groups bring with them many improvements to American society, of course. I could easily allow a handful of well chosen French chefs to come in despite of their deep belief in the existence of a common public interest. I even have a list ready. Admitting facts is not the same as making decisions. I can also imagine a permanent invitation to anyone to challenge publicly such generalizations. It would have at least the merit of clearing the air.

Last and very importantly: Invalidating the generalizations I make above, to an unknown extent, is the likelihood that immigrants are not a true sample of their population of origin: Chinese immigrants may tend to have an anarchist streak; that may be the very reason they want to live in the US. Mexicans may seek to move to the US precisely to flee corruption for which they have a low tolerance, etc. The French individuals wishing to come to the US may be trying to escape the shadow of authoritarianism they perceive in French political thought, etc.

[Editor’s note: in case you missed it, here is Part 17]

Legal Immigration Into the United States (Part 17): Merit-Based Immigration and Other Solutions

The long-established numerical prominence of immigration into the US via family relations makes it difficult to distinguish conceptually between legal immigration responding to matters of the heart and immigration that corresponds to hard economic, and possibly, demographic facts. The one motive has tainted the other and vice-versa. The current public discussions (2016-2018) suggest that many native-born Americans think of immigration as a matter of charity, or of solidarity with the poor of this world, as in the inscription at the foot of the Statue of Liberty: “Give me your tired, your poor, your huddled masses yearning to breathe free,….”  Many Americans accordingly perceive as hard-hearted those who wish to limit or reduce immigration. Inevitably, as whenever the subject of hard-heartedness emerges as a topic in politics, a Right/Left divide appears, always to the detriment of the former.

It seems to me that conservatives are not speaking clearly from the side of the divide where they are stuck. They have tacitly agreed to appear as a less generous version of liberals instead of  carriers of an altogether different social project. Whatever the case may be, the politically most urgent thing to do from a rational standpoint is to try and divide for good in public opinion, immigration for the heart and immigration for the head, immigration for the sake of generosity and immigration for the benefit of American society. Incidentally, and for the record, here is a digression: I repeat that I believe that American society has a big capacity to admit immigrants under the first guise without endangering itself. That can only happen once the vagueness about controlling our national boundaries has dissipated. Such a strategy requires that the Federal Government have the unambiguous power to select and vet refugees and to pace their admission to the country.

“Merit” Defined

In reaction to the reality and also, of to abuses associated with the current policy, a deliberate, and more realistic doctrine of immigration has emerged on the right of the political spectrum. It asks for admission based on merit, partly in imitation of Australia’s and Canada’s. Canada’s so-called “Express Entry System” is set to admit more than 300,000 immigrants on the basis of  formally scored merit in 2118. That’s for a population of only about 37 million. The central idea is to replace the current de facto policy favoring family relations as a ground for admission, resulting in seemingly endless “chain migration,” with something like a point system. The system would attempt scoring an immigrant’s potential usefulness to American society. In its simplest form, it would look something like this: high school graduate, 1 point; able to speak English, 1 point; literate in English, 1 more point; college graduate, 2 points (not cumulative with the single point for being a high school graduate); STEM major, 2 points; certified welder, 2 points; balalaika instructor, 2 points. Rocket scientist with positive record, 5 points.  Certified welder, 10 points.

The sum of points would determine the order of admission of candidates to immigration into the US for a set period, preferable a short period because America’s needs may change fast. With the instances I give, this would be a fair but harsh system: Most current immigrants would probably obtain a score near zero, relegating them to eternal wait for admission.

There are two major problems with this kind of policy. First, it would place the Federal Government perilously close to articulating a national industrial policy. Deciding to give several point to software designers and none to those with experience running neighborhood grocery stores, for example, is to make predictions about the American economy of tomorrow. From a conservative standpoint, it’s a slippery slope, from a libertarian standpoint, it’s a free fall. Of course, we know how well national industrial policies work in other countries, France for example. (For 25 years, as a French-speaking professor on the spot, visiting French delegations to my business school would take me aside; they would buy me an expensive lunch and demand that I give away the secret of Silicon Valley. First, create a first rate university, I would answer meanly…)

Second, the conceit that a merit-based system of admission, any merit-based system, is an automatic substitute for the family reunion-dominated current policy is on a loose footing. Suppose, a Chinese woman receives top points in the new system as a world-class nuclear scientist whose poetry was nominated for a Nobel in literature. She walks right to the head of the line, of course. But she is married and she and her husband have three children. Can we really expect her to move to the US and leave her family behind? Do we even want her to, if we expect her to remain? Does anyone? Then, the woman and her husband both turn out to be busy as bees and hard workers, major contributors to the US economy, and to American society in general. (They are both also engaged in lively volunteering.) So, they need help with child care. The husband’s old but still healthy mother is eager and willing to come to live with the couple. She is the best possible baby-sitter for the family. The problem is that the old lady will not leave her even older husband behind. (And, again, would we want her here if she were the kind to leave him?)

Here you go, making ordinary, humane, rational decisions, the merit-based admission of one turns into admission of seven! And, I forgot to tell you: Two of the kids become little hoodlums, as happens in the best families in the second generation. They require multiple interventions from social services. They will both cost society a great deal in the end. In this moderate scenario, the attempt to rationalize immigration into a more selfish policy benefiting Americans has resulted in a (limited) reconstitution of the despised chain immigration, with some of the usual pitfalls.

The arguments can nevertheless be made that in the scenario above, the new merit-based policy has resulted in the admission of upper-middle class individuals rather than in that of the rural, poorly educated immigrants that the old policy tended to select for. This can easily be counted as a benefit but the whole story is probably more complicated. In the exact case described above, the US did replace lower-class individuals with upper-middle class people but also with people possibly of more alien political culture, with consequences for their eventual assimilation. I mean that all Mexicans tend to be experts in Americana and that our political institutions are familiar to them because theirs are copy-cat copies of ours. I surmise further that Mexicans are unlikely from their experience to expect the government to be mostly benevolent. Moreover, it seems to me the children of semi-literate Mexicans whose native language is fairly well related to English and uses the same alphabet, are more likely to master English well than even accomplished Chinese. This is a guess but a well-educated teacher’s guess. (I don’t think this  holds true for the grand-children, incidentally.) Of course, if my argument is persuasive, there would be a temptation to down-score candidates just for being Chinese, pretty much the stuff for which Harvard University is on trial as I write (October 2018).

I described elsewhere how the fact of having relatives established in the country facilitates installation and economic integration, even as it may retard assimilation. Note that a point system does not have to forego the advantages associated with family relationships. Such a system can easily accommodate family and other relationships, like this: adult, self-sufficient offspring legally in the US: 3 points; any other relation in the US: 1 point; married to a US resident with a welder certification: 15 points, etc.

[Editor’s note: in case you missed it, here is Part 16]

Islamophobia!

Thousands of Islamists have pressured the Pakistani government to keep in jail a woman who was just acquitted by the Pakistani Supreme Court. Two European countries have offered to take her in.

Her lawyer has fled the country in fear for his life.

She was acquitted of blasphemy. Yes, speaking ill of the Prophet… or something. In Pakistan, they kill you for this.

The woman is a frail mother of several in her fifties. She is a landless agricultural worker by trade. She is a Christian in a country that is 98% Muslim.

If she did anything resembling blasphemy, she should be released for reason of insanity anyway. How could such a person so provoke her bloodthirsty neighbors and not be mad?

The silence of “moderate Muslims” on this case is making me deaf.

Yes, much of Western public opinion is Islamophobic. Perhaps the spectacle of thousands of bearded adult males demanding that a slight woman who has been declared not guilty of this grotesque “crime” be hanged, perhaps, it does not help.

Legal Immigration Into the United States (Part 15): Conservative Inadequacy with Respect to Immigration

Surely, in addition to those structural tendencies for immigrants’ propensity to tend left, there is a seemingly built-in electoral incompetence of conservative and other market-oriented parties. I, for example, have been waiting for years for Spanish language Republican ads on local radio (mostly cheap radio). Even modest ones, place-holding ads, would do some good because silence confirms the Democrat calumny that the GOP is anti-immigrant. And one wonders endlessly why the GOP seldom builds on the religious ethics of immigrants which are often conservative on a personal level even as they, the immigrants, are otherwise collectively on the left. Work hard, take care of your family, keep your nose clean, save, don’t bother others, are not messages that sound alien to the Mexican immigrants I know, to Latin Americans in general, nor even to some Indians who come over.

Incidentally I make the same disparaging comments about the one French political party that is unambiguously market oriented and its inactivity toward the Muslim immigrants who are numerous in France. Several years ago, Pres. Sarkozy had two nominally Muslim women in his first cabinet but this did not set an example, unfortunately. One was Attorney General. (Note: France being France, both women were very attractive, of course!) In the US, it’s as if the Republican Party and the several libertarian groups, had in advance abandoned the immigrant grounds to the Democratic Party. It’s perplexing to me personally because every time I take the trouble to describe Republican positions in Spanish to the main immigrant group in my area, I am met with considerable interest. Explaining the attractiveness of small government to Mexican immigrants fleeing the results of one hundred years of big government that is also deeply corrupt shouldn’t be a colossal endeavor, after all. Indians have had a similar experience though they would have to be approached differently. I don’t know about the increasing number of Chinese immigrants. It would be a good question to explore.

In the past ten years or so, the GOP has fallen into a crude trap. It has allowed the Democratic Party to treat its insistence on the rule of law with respect to illegal immigrants, and on the respect of sovereign boundaries, as proof of the GOP being anti-immigrants in general. The GOP, as well as libertarian groups, have failed even to point out the obvious in connection to immigration: New immigrants compete most directly with older immigrants for jobs, housing, and government services. The facts around sovereignty add to immigrants’ generic left-tropism to ensure that the bulk of new immigrants will come and replenish a Democratic Party otherwise devoid of program, of ideas, and of new blood. (The young Dominican-American woman who won a primary in New York in June 2018 is quickly turning into an embarrassment for the mainstream of the Democratic Party.) Immigrants have the power to snatch victory out of the mouth of the Demos’ defeat.

The various libertarian groups don’t speak clearly on immigration aside from emitting the occasional open borders noise that, fortunately, they seem afraid to pursue or to repeat. Who remembers anything the Libertarian presidential candidate said on the subject during the 2016 presidential campaign? I know of one dangerous exception to the observation that libertarians seldom finish their thoughts on open borders. Alex Tabarrok argued forcefully the case in his October 10th 2015 article in The Atlantic: “The Case for Getting Rid of Borders Completely.” In spite of its leftism, the Atlantic retains its high prestige and its influence, I think. What it publishes cannot easily be ignored. The article is enlightening and tightly argued but almost entirely from an ethical standpoint. Unless I missed something important, the author seems to sidestep the fact that no Western system of ethics requires that anyone commit collective suicide, or even, risk it. Thus he by-passes the lifeboat argument completely. This single article leaves pure libertarians in an intellectual lurch because it poses squarely the central issue of the moral validity of the tacit pact of mutual defense that is the nation- state: The nation-state violates your values through its very existence. Without the nation-state, it’s unlikely your values will survive at all.

[Editor’s note: in case you missed it, here is Part 14]

Should you vote today? Only if you want to.

Today is election day in the United States and everywhere I turn I see “get out the vote” ads. Even on Facebook my feed is filled with people urging others to vote. I am fine with these nudges insofar that they are just that – nudges.

I am concerned when I see claims that voting is one’s duty. I am especially concerned when I see claims that, if you don’t vote, you are allowing the evil [socialists/white men/etc] to govern. These claims concern me because they respectively promote worship of the state and tribalism.

There is more to life than being a politico. If Americans at large sacrificed their other activities in order to become fully informed voter-activists, we would be a boring lot. If you enjoy politics, go vote, but you needn’t feel superior over someone who thinks their time would be better spent playing music or grabbing a beer with friends after work. Life is short and should be spent doing what one enjoys.

Likewise, it is perfectly okay to have an opinion on how government should be run. I, and I imagine most NoL readers, have strong policy preferences. It is however beyond arrogance to believe that an educated person can only believe X and only a mustached villain would believe Y. To be clear, I am not saying that truth is relative.

NIMBYist policies lead to housing shortages, that is a fact. I am in favor of revising zoning regulations and ending parking subsidies to mitigate the problem. I don’t think that the family that owns a detached unit in Santa Monica and opposes denser development is evil though. I understand their hesitance to see their neighborhood changed.

If you wish to vote today, please do so but please don’t act like a snob towards those who do not. Express your policy preferences, but leave your holier than thou attitude at home.

Tldr; play nice.

Legal Immigration Into the United States (Part 14): Immigration and Politics

Left-Wing Immigrants

Immigration is seldom politically neutral. Large-scale immigration as experienced by the wealthy Western countries changes the balance of power between domestic parties.  Immigrants seem to never divide their loyalties evenly between existing parties. And, immigration may indirectly be responsible for the emergence of new, nativistic political parties.

Immigrants to France, nearly always join the French Socialist Party. Immigrants to the UK tend strongly to vote Labor. Immigrants to the US vote overwhelmingly Democratic. The reasons for these tropisms are complex. They may include the possibility that some sort of vaguely defined social democracy is the default preference for a humanity ever so slowly extricating itself from ancestral collectivism. Why else would socialist-sounding noises have still not lost their allure in spite of the many failures, some tragic, associated with the word, in spite also of the manifest success of capitalism in raising millions out of poverty? The dramatic sinking of socialist and oil-rich Venezuela though well documented by the media seems to have made little impression on young Americans, on people reared in the midst the plenty of capitalism. It’s as if a sort of subdued ethnocentrism protected Americans from rational consciousness: They are Latins; of course, we would naturally do better. Immigrants from poorer countries, immigrants from less well informed countries are not likely to resist the lure better than young Americans. (“Not likely,” it’s not completely impossible.)

Market-oriented thought does not come naturally to the many because, with its inherent (and, in Adam Smith, explicit) justification of selfishness, it’s ethically counter-intuitive. It invites us to act exactly contrary to the way our mothers and most of our religions demand. (Take the current Pope, for example….) At any rate, few Americans read Adam Smith, of course. It’s not obvious how much basic economics is taught in high school, or in college. In fact, it’s easy to graduate with honors from a good American university without a single course in economics. Others in the world, with a less vivid personal experience of successful capitalism, read him even less, I suspect. I don’t think I could find a single French adult who has read anything by Smith though some well educated people there have heard of him. (I cast a line on this issue on an active French pro-capitalist Facebook group – Libéraux Go – for a week without a single bite.)

I fear that there is no reservoir of intellectually market-oriented potential immigrants anywhere. Or of immigrants with a potential for market orientation. India will continue sending America leftists who function well individually in a market- oriented society while collectively wishing to bring it down. The most promising regional source of people ready for capitalism is probably the Islamic world. That’s not because many Muslims have a theory of the market but because, sociologically speaking, there is a vigorous merchant tradition in Islam. The fact that the Prophet himself was a merchant, as was his older, educated, mentoring first wife, probably also helps a little. The additional fact that Islam early on provided an explicit ethical framework for entrepreneurship – including lending – probably awards a degree of legitimacy to anything related to capitalism in Muslim countries that is practically lacking in the formerly Christian world, for example. (Please, don’t tell me about Max Weber’s The Protestant Ethic and the Spirit of Capitalism! My friend, the late François Nielsen and I destroyed its myth in 2001 – “The beloved myth: Protestantism and  the rise of industrial capitalism in 19th century Europe.” Social Forces 80-2:509-553.)

Perhaps, I am engaging in wishful thinking but, the multiple failures of socialist experiments in Latin America in a person’s lifetime may supply a trickle of pro-capitalism immigrants. (Currently, there is an exodus of middle-class Venezuelans to Florida.) Finally, disenchantment with the unkept promises of high-tax European welfare capitalism may give the USA another source, although the countries concerned are in sharp demographic decline. The first Macron government in France created a new cabin-level post charged with persuading the young elite to not emigrate! I take this as a good sign for the US.

[Editor’s note: in case you missed it, here is Part 13]

Legal Immigration Into the United States (Part 13): The California Hourglass Class Figure

Discussions of the impact of immigration on native labor often have a 19th century, quasi-Marxist flavor. Implicitly, they seem to posit a large undifferentiated working class, on top of which sits a small middle, or professional class, itself crowned by a tiny capitalist class. (Today, it would be the absurd “1%.”) With this scheme, the capitalists, employers all, only want cheap labor, of course, and they keep importing immigrants to compete with native workers and thus keep wages down. In the meantime, the latter vacillates between resentment of foreign born wage competition and class solidarity cutting across nationalities and immigration statuses. The middle class, of course, opportunistically sells its political influence to one or the other main classes. Such a class structure is compatible with a good deal of hostility toward immigrants. The larger and/or the more organized, that native working class, the better expressed its hostility toward immigrants, the more likely that hostility will become institutionalized. At the extreme, it turns into the “Herrenvolk democracy” pioneered by the labor union-supported South African apartheid regime. (We are and were nowhere near that point in California. I evoke apartheid to indicate an extreme theoretical destination for such a movement, not by way of prediction.)

But when the class arrangements are not in such a conventional pyramid shape, attitudes toward immigration can be counter-intuitive. Imagine a society where the middle class is both very large and subjectively indistinguishable from a putative capitalist class because every member of the former sees himself as a good candidate for the latter (and correctly so, to a considerable extent). A society where the formal ownership of the means of production is widely dispersed through the mechanism of stock options gifted to employees. Imagine further that what remains of the old middle class has become numerically and socially insignificant. In particular, small merchants have nearly disappeared, replaced by salaried employees of large chains. The old professionals, doctors and lawyers, and the like, have lost their special standing in the close proximity of educated, prosperous mind workers.

At the same time, a combination of vertical mobility in the growth economy for some of the native working class, of physical movement out of the high rent areas associated with prosperity for others, and of increasing immigration, has created a largely foreign-born working class. The combativeness of this foreign working class is impeded  by its low cultural competence and by the fragile legal status of many of its members.

The remarkable thing about this scenario is that few of the remaining native-born appear to feel threatened by immigrant competition. Those who are actually in competition with low qualification immigrants are too immersed in the prominent issue of immigrant numbers to gain a coherent voice. The middle/upper class itself has an immigrant component but that component constructs itself slowly and at a predictable rate because the federal government easily limits via the granting of visas the admission of those not carried by family relationships. Note that this has been largely the case for immigrants from India, China, and Europe.

I am describing here a vertically asymmetrical hourglass class structure with a large upper component, a possibly larger lower component, and not many in-between. To the upper component, the lower immigration-based masses comprise so many hewers of wood and drawers of water. What’s more, they do not compete in the same rental markets or in the same leisure areas (In my local terms, the middle/uppers do mountain biking in the redwood forests while the working stiffs go to the Boardwalk.)

Some immigrants from poor areas bring with themselves a superior capacity for high density occupancy of humble housing premises, even for downright crowding. They don’t’ stop property values from rising. The more of them there are, the lower the prices of services that the uppers must consume in large quantity because they spend a great deal of time at work. The same work situation that motivates Google to offer its employees decent free food at all hours insures that there will be a high demand for providers of common services. Even low-level tech Google employees don’t do their own laundry! (Personal observation.)

In that labor situation, you would expect little prejudice against immigrants and a high willingness to open the gates to more of them. Note, that illegal immigrants, specifically, make the best helots because they are often in no situation to complain or to demand anything. Or, they are simply not clear as to what their rights are, or what’s prudent in this connection. A “sanctuary” state, promoting a defense of all immigrants couched in the language of generosity, is what you would expect to arise here, and even flirtations with the notion of open borders. I have just described northern-central California today, of course. Other high-tech nodules across the country conform.

[Editor’s note: In case you missed it, here is Part 12]

Eye Candy: Antarctica’s countries

NOL map Antarctica countries
Click here to zoom

There are a total of 29 countries with scientific programs aimed at Antarctica.

Here is more at NOL on Antarctica. Brrrrrr!

Sri Lankan strongmen and Chinese initiatives: India’s neighborhood is as bustling as ever

On October 25, 2018 Sri Lankan President Maithripala Sirisena suspended Parliament (till November 16, 2018) and sacked his Prime Minister, Ranil Wickremesinghe, replacing him with Mahindra Rajapaksa (who served as President of Sri Lanka for a decade, from 2005 till 2015). Sirisena had wrested power from Rajapaksa in 2015. Wickremesinghe decided to battle it out, saying that Sirisena’s decision was illegal since none of the conditions under which a Prime Minister can be removed, under provisions 46(2) and 48 of parliament were applicable to the current situation. Rajapaksa announced that the President will reconvene Parliament on November 5, 2018.

Rajapaksa has been gaining ground in recent months

First, Rajapaksa, who had been written off totally, set up a new political outfit, SLPP (Sri Lanka Podujana Peramuna), which performed well in the local elections of February 2018.

More recently, Sirisena, who was initially considered Pro-China, accused Indian intelligence agency RAW (Research and Analysis Wing) of meddling in Sri Lanka’s affairs and plotting his assassination. He supposed to have denied this in a conversation with Indian Prime Minister Narendra Modi.

As President, Rajapaksa had a close relationship with China (there were allegations of a Chinese company even providing financial assistance for his campaign) and New Delhi was relieved to see his back.

The strategically important Hambantota Port Project was awarded to the Chinese during Rajapaksa’s presidency. China provided assistance to the tune of $190 million, and Sri Lanka had to lease out the project for a period of 99 years to Beijing in 2017, since debts to Beijing are mounting (total Sri Lankan debts to China are estimated at $13 billion). The Hambantota Project is now presented as a symbol of what has been referred to on more than one occasion as China’s debt trap diplomacy.

It would be pertinent to point out that the project had first been offered to New Delhi in 2010, but India declined stating that the project was not economically sustainable.

It would also be pertinent to point out here that, after his removal, Rajapaksa has made some statements in favor of close ties with both Beijing and New Delhi. Indian PM Narendra Modi has met him on both his visits to Sri Lanka. In September 2018 Rajapaksa was himself in New Delhi.

How to approach the China factor

While there is no clarity as to how long this new arrangement will last in Sri Lanka, there are some broader issues which need to be dealt with.

The first question which arises is: should New Delhi view China’s involvement with suspicion or work jointly? While there is absolutely no doubt that, in recent years, India too has tried to come up with its own responses to the China’s Belt and Road Initiative (BRI) in South Asia. This includes promoting greater connectivity within South Asian countries through the BBIN (Bangladesh, Bhutan, India, Nepal) framework on the one hand, while also exploring synergies with Japan in order to check Beijing’s growing clout on the other. This includes not just cooperation under the umbrella of Japan’s PQI (Partnership for Quality Infrastructure) initiative, but also in areas like infrastructure and energy (two key instances being the metro project in Dhaka, where India’s Larsen & Toubro and Japanese companies are working jointly for developing Line 6, as well as an LNG terminal in Sri Lanka where Petronet and Japanese companies are making a joint investment to the tune of $300 million).

During Wuhan Summit one of the important issues discussed was that India and China will work together in Afghanistan (only recently both countries set up a joint training program for Afghan Diplomats). Pakistan has been trying to obstruct any big ticket cooperation between both countries, and that is cited as one of the main reasons why Beijing is shying away from any big ticket investments into a joint project in Afghanistan.

If Japan and China can work together in connectivity projects (Japan has even expressed its willingness to join the BRI), as was discussed during Abe’s recent China visit, New Delhi and Beijing too can explore certain instances where they work together. It would be pertinent to point out that the Global Times made an interesting argument in favor of New Delhi and Beijing working in tandem for Sri Lanka’s infrastructural development. While this may appear to be a pipedream currently, in the long run it can not be ruled out given the changing geopolitical equations.

Apart from this, there are clear lessons for New Delhi: that it should not put all eggs in one basket, and realize that certain leaders will have good relations with China. A former Diplomat, Ashok Kantha, who was India’s envoy to Sri Lanka, made the point that India needed to stop looking at domestic politics from a lens of ‘Pro-India and Pro-China’, as this is too simplistic.

While India was apprehensive about the election of K.P. Oli as Nepalese Prime Minister, he has been speaking about close ties with both Beijing and New Delhi. During his visit to China in June 2018, Oli spoke about the possibility of Nepal emerging as a bridge between China and India.

In conclusion, New Delhi has to watch out for it’s own interests in South Asia, and should certainly ensure that no country has a stranglehold, but paranoia will be of no use. India needs to come up with viable alternatives to the BRI, while also being open to cooperation, as and when feasible. Apart from this, New Delhi needs to realize that countries in the neighborhood will give precedence to their own interests and even if they do maintain close economic linkages with China, it is not always targeted at India.