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]

Nightcap

  1. Cameroon, Nigeria, and Ambazonia Adewale Maja-Pearce, London Review of Books
  2. Upholding the Jihadist’s Veto Rose & Mchangama, Quillette
  3. Russia’s Syria problem keeps getting worse Robert Hamilton, American Interest
  4. Monuments and Indian massacres (Denver edition) Karen Brady, Not Even Past

Nightcap

  1. The Druze are losing their young (to secularism) Bruce Clark, Erasmus
  2. If Brett Kavanaugh Drops Out, Will Trump Pick Amy Coney Barrett? Damon Root, Reason
  3. Trump’s dirty war in Yemen Conor Friedersdorf, the Atlantic
  4. How to find a beer in Muslim West Africa Will Brown, 1843

Ottomanism, Nationalism, Republicanism II

In the last post, I gave some historical background on how the Ottoman state, whether in reformist or repressive mode (or some combination of the two), was on a road, at least from the early nineteenth century, that was very likely to end in a nation-state for the Turks of Anatolia and the Balkan region of Thrace, which forms a hinterland in its eastern part for the part of Istanbul on the Balkan side of the Bosphorus. Despite the centuries of the Ottoman dynasty (the founder Othman was born in 1299 and this is usually taken as the starting point of the Ottoman state, though obviously there was no such thing when Othman was born), it was also an increasing possibility that the nation-state would be a republic on the French model.

The obvious alternative being a style of monarchism mixing populism and (rather constructed) tradition, born out of a national movement and accommodating the idea of a popular will represented by the monarch, mixed in varying degrees with constitutional and representative institutions. The clearest example of this style is maybe Serbia, to which can be added Montenegro, Bulgaria, Romania and Greece. The older monarchies of imperial Germany and Russia incorporated elements of populist-national monarchy. The Austro-Hungarian Empire, as the Habsburg empire based in Vienna for many centuries became known in 1867, was the Empire most lacking in a core and not surprisingly suffered the most complete disintegration after World War One (that great killer of Empires).

France was the exception in Europe as a republic, particularly as a unitary republic, and was only continuously a republic from 1870. In 1870, Switzerland was the only other republic, but known as the Swiss Confederation, with strong powers for the constituent cantons. The example of French republicanism was still supremely important because of the transformative nature of the 1789 French Revolution, and the ways its development became central events in European history. Part of that came out of the preceding status of France as the premier European nation and the biggest cultural force of the continent. Educated Ottomans were readers of French, and Ottoman political exiles were often in Paris.

High level education often meant studying in Paris. This had such a big influence on the fine arts, including architecture, that apparently 19th century architecture in Istanbul was more based on French Orientalism than earlier Ottoman architecture. The religious conservatives and neo-Ottomanists in power today, who claim to represent authenticity and escape from western models, in reality promote imitation of these 19th century imports.

Ottoman intellectuals and writers read French and were familiar with the idea of France as intellectual and political leader. There were other influences, including important relations with Imperial Germany, but French influence had a particular status for those aiming for change.

Namık Kemal, the ‘Young Ottoman’ reformer who has some continuing appeal to the moderate political right in Turkey, as demonstrated in the foundation of a Namık Kemal University in Thrace 4 years after the AKP came to power, appearing more moderate conservvative than it does now, translated Montesquieu’s The Spirit of the Laws into Ottoman Turkish (modern Turkish is based on major changes from Ottoman).

The more radical reformers who came to power in 1908 were known as Young Turks, that is Jeunes Turcs, often now written in half-Turkish, half-French style as Jön Türkler. The more radical reformers wanted less role for Islam in public life and at the most radical end even regarded Islam as responsible for backwardness. French laicism was therefore a natural pole of attraction, as were the ways nationalism and republicanism came together in the French revolutionary legacy as an expression of the sovereignty of the people.

The Ottomans studying in France were strong influenced by the sociology of Emile Durkheim, who is usually counted as one of the three founders of the discipline of sociology, along with Karl Marx and Max Weber. Durkheim’s social thought was very influenced by an understanding of Montesquieu and Jean-Jacques Rousseau as precursors of sociology. This partly reflects the social analysis they engaged in, but also their idea of how a society is constituted legally and politically, particularly Rousseau’s theory of the social contract. Durkheim’s social thought is permeated by concerns with what kind of social solidarity there can be in modern societies in ways which build on the long history of republican thinking about a community of citizens. This was very important in the late Ottoman and early republican period.

The German

Max Weber was also a major influence. His ideas about disenchantment (a version of secularisation) and the role of the nation-state were of definite interest to Turkish thinkers inclined towards republicanism, nationalism, and secularism. One of the consequences of this is that criticisms of the Turkish republican tradition, as it passed through Kemal Atatürk (‘Kemalism’), are tied up with criticisms of Weber. Some of this Turkish absorption of Durkheim and Weber can be found in English in the work of Ziya Gökalp (1876-1924) and Niyazi Berkes (1908-1988).

It is also worth finding Atatürk’s Great Speech of 1927 (a book length text read out over several days), which is a political intervention not a discussion of social theory, but does show how ideas connected with social theory enter political discourse in Turkey. It is very widely distributed in Turkey, I’ve even seen it on sale in Turkish supermarkets; and it has been translated into English. Berkes is the social scientist and has a rather more academic way of writing than Gökalp (a famously ambiguous thinker) or Atatürk. His The Development of Secularism in Turkey (published in English 1964, while he was working at McGill University in Montreal) must be the single most influential work of social science by a Turk or about Turkey.

Unfortunately a discussion  of republicanism in relation to Durkheim, Weber, or any other major thinkers declined after the 1920s and Berkes is really the last great flowering of this tradition in Turkey. This is part of the story of how Turkish republicanism as a mode of thinking declined into defensive gestures and the repetition of dogmas, so is also the history of how extremely superficial gestures towards liberalism by leaders of the Turkish right had undue influence over the more liberal parts of Turkish thinking.

The weakness of thought about republicanism and the superficial absorption of liberalism was the main thread on the intellectual side leading to the disaster of Erdoğan-AKP rule. The rise of AKP was welcomed by many (I suspect most, but I don’t know any ways in which this has been quantified) Turkish liberals until the suppression of the Gezi movement in 2013 and even in some cases until the wave of repression following the coup attempt of 2016.

To be continued

Should we tax churches? A Georgist Proposal

Recently President Trump enacted a series of executive orders with the aim of extending religious liberty. This has gotten me to think about churches and tax policy. Just to be clear, in this post I will not discuss the details of Trump’s orders. I care about the broad concept here.

Churches in the United States are exempt from certain taxes due to their classification as charities. I have often been in favor of this designation. Taxes can easily serve as a way for the state to discriminate against groups subtly. I could easily imagine a tax that targets churches with kneeling pews (e.g. Catholic churches) and therefore disadvantages them relative to denominations that have less kneeling involved. I could also imagine a system, similar to some European countries, where the state collects the tithe on behalf of the church. This arrangement would favor larger, state recognized, churches at the expense of smaller start up denominations. In both cases taxes can be used by the state to effectively discriminate between churches.

Some time ago though it was pointed out to me that NOT taxing churches could also lead to discrimination against them. Take the case of property taxes. When urban planners draw up zones (residential, commercial, mixed use etc.) they effectively have the power to exclude churches from certain neighbors. Even without official census data it is not difficult to notice where certain religions sort within the city,  and so a zealous planner could easily discriminate by denomination. When church property IS taxed there is a strong disincentive against this type of discrimination because it reduces potential city revenues. Even if a given planner may be willing to discriminate nonetheless, he would find himself fired by his tax-obsessed superiors. When church property ISN’T taxed this incentive is reversed. Since church property can’t be taxed cities lose out on potential tax revenue when they zone an area for a church over taxable property. A devout religious urban planner may easily be pressured to minimize the number of churches to maximize tax revenues. I suspect a Catholic urban planner would prefer to reduce the number of Protestant churches, so this is a scenario where minority denominations could easily find themselves zoned out of existence.

The current concern about whether churches should be allowed to be engaged in politics would be moot if they were taxed. The legal reason churches are limited in their political speech is that they are classified as charities. Certain crowds would be angry about allowing churches being involved in politics* anyway, but I suspect many politicians would be fine to look the other way in exchange for the increased tax revenues.

How can we balance the pros of taxing churched (helping them avoid being discriminated by zoning and gaining political speech) versus the cons (discrimination by taxation)? I think the answer is a georgist tax on land. It achieves the goal of taxing churches without discriminating against any given denomination.

Thoughts?
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*For the record I personally oppose my church, the Catholic Church, from getting involved in politics. I am fine with the priest lecturing against the evils of abortion, but I don’t want to hear his thoughts on the optimal income tax rate.

What the Bible really says about how to treat refugees

Recently a text written by Jesse Carey, in Relevant Magazine, supposedly about what the Bible says about immigrants, refugees and displaced people, has come to me. The text is a bit old (from November 17, 2015), but is being reheated because of President Trump’s recent decisions in this area. Given these things, here are some comments on “What the Bible Says About How to Treat Refugees.”

Carey presents what he calls “12 verses about loving immigrants, refugees and displaced people”. The first thing to note is that none of the texts presented by Carey mentions the word refugees. The texts speak about foreigners, the poor and needy, travelers, strangers, and neighbors, but never about refugees. A refugee is a foreigner, but not every foreigner is a refugee. The same goes for stranger. Amazingly, refugee is also not synonymous with traveler. Every refugee is traveling (against his will, it is assumed), but not everyone who is traveling is a refugee. Finally, a refugee can be poor and needy, but poor and needy and refugee are also not synonymous. It seems that Carey has difficulty reading: when he sees words like foreigner or traveler or poor and needy or stranger his brain reads refugee. Either that or he’s being flagrantly dishonest.

The second observation is that, in the language used by Jesus, for the Christian every refugee is a neighbor. Not every refugee is poor and needy, not every foreigner is a refugee, nor does every stranger is a refugee and not every traveler is a refugee. But for the Christian, every human being is a neighbor, and so deserves his mercy. The problem is that Carey wants to apply this to immigration policies, and immigration policies are not made by Christian individuals, but by governments.

The history of the relationship between churches and governments is long, complex and tumultuous. To make a quick summary, suffice it to say that during the Middle Ages church leaders and political leaders fought and argued among themselves about who would dominate the people of Europe. The Bishop of Rome wanted to be above the Emperor of the Holy Roman Empire. At the local level, bishops and priests fought with nobles of all kinds. The result was a general confusion. One of the great victories of the Modern Era, beginning with the Protestant Reformation (which celebrates 500 years this year) was the separation of churches and state. Especially since the Peace of Westphalia in 1648, the tendency has been for states not to use their arms to impose a religion on the population. Carey wants to go the other way. He even cites 1 Corinthians 12:12-14 as if it applied to every human being, and not only to Christians.

The Bible teaches that individual Christians must care for needy people, and certainly refugees fall into this category. But the Bible does not teach that the state should do this. The role of the state, according to the Bible, is to carry the sword to punish wrongdoers and to benefit those who follow the law (the classic text regarding this is Romans 13). In other words, biblically the function of the state is restricted to security. Receiving immigrants is certainly a policy with which Christians can agree, but fully open borders, without any vigilance, are a delusion and nothing more. Wrongdoers can disguise themselves as immigrants to enter a country, and it is up to the state to do some kind of security check.

I am not discussing here the details of Trump’s current policy for immigrants and refugees. It is quite possible that there are aspects within it that Christians can or should disagree with. But by wanting to impose Christian behavior on the state, Carey goes against one of the greatest victories of the Modern Age, the separation of churches and state, something amazing for a liberal and progressive author. Does he approve of compulsory prayer in schools, the end of teaching Darwinism and punishment for those who do not attend Sunday worship? Hope not.

Roger Williams has already presented this discussion very clearly more than 300 years ago: Christians cannot impose their religion using the state for this. What can be expected Biblically from the state is in the second table of the law: you shall not murder, you shall not steal, you shall not give false testimony … Basically, do not hurt others, do not lie to them and do not take their stuff without permission, things that any kindergarten child knows are wrong. I do not think we need the Bible to teach us that.

I hope that the state is open to immigration as much as possible, being restricted only by security concerns. I hope Christians will welcome the refugees. I hope the wall of separation between church and state is never overthrown. And I hope that the rulers of the United States will leave the Islamic world for the Islamists to take care of. They already have enough work taking care of the safety of Americans in North America.

Larry Siedentop’s Straw Dog

I finally had the chance to finish reading Larry Siedentop’s Inventing the Individual: The Origins of Western Liberalism.

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It is a great book, and especially informative for those not well-versed in the intellectual history of political ideas within (mainly) Christian thought. The arguments starts with the Ancient traditions, to the early years of Christianity, all the way to the fifteenth century. According to Siedentop (p. 332) the main goal of the book is:

‘to show that in its basic assumptions, liberal thought is the offspring of Christianity. It emerged as the moral intuitions generated by the Christianity were turned against an authoritarian model of the church. The roots of liberalism were firmly established in the arguments of the philosophers and canon lawyers by the 14th and 15th centuries: belief in the fundamental equality of status as the proper basis for a legal system; belief in that enforcing moral conduct is a contradiction in terms; a defense of individual liberty, through the assertion of fundamental or ‘natural rights’ and, finally, the conclusion that only a representative form of government is appropriate for  a society resting on the assumption of moral equality’.

Siedentop clearly succeeds in making this point. As said, the book can be warmly recommended. The question is, however, why does he care about this issue? Siedentop (pp. 334-338) clarifies that he wants to fight the dominant idea that liberalism sprang from the Renaissance, and that liberalism almost equates secularism, or is even anti-religion, at least in the public sphere.

You do not need to be a scholar of the liberal history of ideas to raise more than a few eyebrows here. What liberalism is Siedentop taking up for argument? He is unclear about this, as he does not care to define this liberalism, nor does he provide references to liberal thinkers. That is where the trouble starts.

Undoubtedly there are some modern social-liberals who claim that liberalism is secular and that the state and lawmaking should be strictly neutral in religious terms. Arblaster in The Rise and Decline of Western Liberalism even explicitly refutes any liberal traces before the Renaissance. Unclear is how dominant these voices are, especially outside academia. One thing is certain, these do not comprise classical liberals.

In the Scottish Enlightenment, in many ways the birth grounds of classical liberalism, the place of religion in life, and religion as a source of morality, was discussed. In contrast to most other thinkers, -Smith included- Hume even criticized religion, albeit most openly  after his death in Dialogues concerning Natural Religion. Yet to my knowledge, no thinker actually denied the role of Christianity as a source of  important ideas, certainly not the  role of individuality.

Modern writers, who are more aware of classical liberalism as a tradition do not deny this either. Let me give a few examples.

Hayek in an essay on liberalism (in New Studies in Politics, Philosophy Economics and the History of Ideas) writes that it traces back to classical antiquity and certain medieval traditions. He actually attacks ‘some nineteenth century writers’ who denied ‘that the ancient knew individual liberty in the modern sense’. In his general overview entitled Liberalism, John Gray (then still in his liberal days), also neatly points to the pre-modern and early modern times for the development of liberal ideas as we now know them. David Schmidtz and Jason Brennan pay their due respect to these older sources in A Brief History Of Liberty and the same goes for George H. Smith in The System of Liberty, and David Boaz in The Libertarian Mind.

Of course, none of them made detailed studies of these influences because their books had different purposes than Siedentop’s. Yet all deal with it in a few paragraphs or even a separate chapter, making clear to their readers that (classical) liberalism has older roots then the Renaissance, that there are important Medieval and Ancient thinkers who all left their mark on the development of (classical) liberal thought.

Siedentop wrote a great book, that unfortunately is a straw dog as well: his portrayal of ‘liberalism’ is erroneous, either deliberately or not. It denies the views of the founding and one of the main liberal variants. That is sloppy, to say the least, for such a learned and experienced scholar. With the use of these general terms Siendentop’s attack is simply off target. He should have taken far more time to define the ‘liberalism’ and the liberal scholars subjected by his attack.