Saturday, May 13, 2006

A Nation of Law-breaking People

"Did you really think that we want those laws to be observed?" said Dr. Ferris. "we want them broken. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. When there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted--and you create a nation of law-breakers -- and then you cash in on guilt. Now that's the system, Mr. Reardon; that's the game and once you understand it, you'll be much easier to deal with."

Although Dr. Ferris of the State Science Institute speaks these words to Hank Reardon in Ayn Rand's famous philosophical novel
Atlas Shrugged you'd think it was something that Ted Kennedy would say to Bill Gates.

"When there aren't enough criminals, one makes them." If one tries just a little bit one can think of the following actual examples of how we are made to be criminals: substance abuse laws, antiporn laws, taxation laws, licences, racial quotas, environmental laws, or what about the biggest doozie of them all the antitrust laws. I'm sure you could come up with more off the top of your head if you really tried. A popular one today are the imminent new immigration laws.

What's going on in Washington with their firebreathing rhetoric on how Mexicans are pouring in here to work you'd think that work will be outlawed next. I know Mexicans, Colombians, and other South Americans who are more hard-working than many born and bred Americans and yet we would brand them criminals as well as the business owners who hire them for the mere desire to earn a decent living working in America. This is nothing but another form of power grabbing by our corrupt politicians who seem to have forgotton that our nation IS a country of immigrants.

This is how politicians gain ever more and more power - by creating a nation of law-breaking people. Pretty soon you wake up one day and find it hard just to get through the day without breaking some law. Sounds like Nazi Germany doesn't it?

Open Immigration by Harry Binswanger

This is a defense of phasing-in open immigration into the United States. Entry into the U.S. should ultimately be free for any foreigner, with the exception of criminals, would-be terrorists, and those carrying infectious diseases. (And note: I am defending freedom of entry and residency, not the automatic granting of U.S. citizenship).

An end to immigration quotas is demanded by the principle of individual rights. Every individual has rights as an individual, not as a member of this or that nation. One has rights not by virtue of being an American, but by virtue of being human.

One doesn't have to be a resident of any particular country to have a moral entitlement to be secure from governmental coercion against one's life, liberty, and property. In the words of the Declaration of Independence, government is instituted "to secure these rights"--to protect them against their violation by force or fraud.

A foreigner has rights just as much as an American. To be a foreigner is not to be a criminal. Yet our government treats as criminals those foreigners not lucky enough to win the green-card lottery.

Seeking employment in this country is not a criminal act. It coerces no one and violates no one's rights. There is no "right" to be exempt from competition in the labor market, or in any other market.

It is not a criminal act to buy or rent a home here in which to reside. Paying for housing is not a coercive act--whether the buyer is an American or a foreigner. No one's rights are violated when a Mexican, or Canadian, or Senegalese rents an apartment from an American owner and moves into the housing he is paying for. And what about the rights of those American citizens who want to sell or rent their property to the highest bidders? Or the American businesses that want to hire the lowest-cost workers? It is morally indefensible for our government to violate their right to do so.

Immigration quotas forcibly exclude foreigners who want not to seize but to purchase housing here, who want not to rob Americans but to engage in productive work, raising our standard of living. To forcibly exclude those who seek peacefully to trade value for value with us is a violation of the rights of both parties to such a trade: the rights of the American seller or employer and the rights of the foreign buyer or employee.

Thus, immigration quotas treat both Americans and foreigners as if they were criminals, as if the peaceful exchange of values to mutual benefit were an act of destruction.
To take an actual example, if I want to invite my Norwegian friend Klaus to live in my home, either as a guest or as a paying tenant, what right does our government have to stop Klaus and me? To be a Norwegian is not to be a criminal. And if some American business wants to hire Klaus, what right does our government have to interfere?

The implicit premise of barring foreigners is: "This is our country, we let in who we want." But who is "we"? The government does not own the country. Jurisdiction is not ownership. Only the owner of land or any item of property can decide the terms of its use or sale. Nor does the majority own the country. This is a country of private property, and housing is private property. So is a job.

American land is not the collective property of some entity called "the U.S. government." Nor is there such a thing as collective, social ownership of the land. The claim, "We have the right to decide who is allowed in" means some individuals--those with the most votes--claim the right to prevent other citizens from exercising their rights. But there can be no right to violate the rights of others.

Our constitutional republic respects minority rights. 60% of the population cannot vote to enslave the other 40%. Nor can a majority dictate to the owners of private property. Nor can a majority dictate on whom private employers spend their money. Not morally, not in a free society. In a free society, the rights of the individual are held sacrosanct, above any claim of even an overwhelming majority.

The rights of one man end where the rights of his neighbor begin. Only within the limits of his rights is a man free to act on his own judgment. The criminal is the man who deliberately steps outside his rights-protected domain and invades the domain of another, depriving his victim of his exclusive control over his property, or liberty, or life. The criminal, by his own choice, has rejected rights in favor of brute violence. Thus, an immigration policy that excludes criminals is proper.

Likewise, a person with an infectious disease, such as smallpox, threatens with serious physical harm those with whom he comes into proximity. Unlike the criminal, he may not intend to do damage, but the threat of physical harm is clear, present, and objectively demonstrable. To protect the lives of Americans, he may be kept out or quarantined until he is no longer a threat.
But what about the millions of Mexicans, South Americans, Chinese, Canadians, etc. seeking entry who are not criminal and not bearing infectious diseases? By what moral principle can they be excluded? Not on the grounds of majority vote, not on the grounds of protecting any American's rights, not on the grounds of any legitimate authority of the state.

That's the moral case for phasing out limits on immigration. But some ask: "Is it practical? Wouldn't unlimited immigration--even if phased in over a decade--be disastrous to our economic well-being and create overcrowding? Are we being told to just grit our teeth and surrender our interests in the name of morality?"

This question is invalid on its face. It shows a failure to understand the nature of rights, and of moral principles generally. Rational moral principles reflect a recognition of the basic nature of man, his nature as a specific kind of living organism, having a specific means of survival. Questions of what is practical, what is to one's self-interest, can be answered only in that context. It is neither practical nor to one's interest to attempt to live and act in defiance of one's nature as a human being.

Yet that is the meaning of the moral-practical dichotomy. When one claims, "It is immoral but practical," one is maintaining, "It cripples my nature as a human being, but it is beneficial to me"--which is a contradiction.

Rights, in particular, are not something pulled from the sky or decreed by societal whim. Rights are moral principles, established by reference to the needs inherent in man's nature qua man. "Rights are conditions of existence required by man's nature for his proper survival." (Ayn Rand)

Every organism has a basic means of survival; for man, that means is: reason. Man is the rational animal, homo sapiens. Rights are moral principles that spell out the terms of social interaction required for a rational being to survive and flourish. Since the reasoning mind cannot function under physical coercion, the basic social requirement of man's survival is: freedom. Rights prescribe freedom by proscribing coercion.

"If man is to live on earth, it is right for him to use his mind, it is right to act on his own free judgment, it is right to work for his values and to keep the product of his work." (Ayn Rand)
Rights reflect the fundamental alternative of voluntary consent or brute force. The reign of force is in no one's interest; the system of voluntary cooperation by mutual consent is the precondition of anyone achieving his actual interests.

To ignore the principle of rights means jettisoning the principled, moral resolution of conflicts, and substituting mere numbers (majority vote). That is not to anyone's interest. Tyranny is not to anyone's self-interest.

Rights establish the necessary framework within which one defines his legitimate self-interest. One cannot hold that one's self-interest requires that he be "free" to deprive others of their freedom, treating their interests as morally irrelevant. One cannot hold that recognizing the rights of others is moral but "impractical."

Since rights are based on the requirements of man's life as a rational being, there can be no conflict between the moral and the practical here: if respecting individual rights requires it, your interest requires it.

Freedom or force, reason or compulsion--that is the basic social alternative. Immigrants recognize the value of freedom--that's why they seek to come here.
The American Founders defined and implemented a system of rights because they recognized that man, as a rational being, must be free to act on his own judgment and to keep the products of his own effort. They did not intend to establish a system in which those who happen to be born here could use force to "protect" themselves from the peaceful competition of others.

One major fear of open immigration is economic: the fear of losing one's job to immigrants. It is asked: "Won't the immigrants take our jobs?" The answer is: "Yes, so we can go on to better, higher-paying jobs."

The fallacy in this protectionist objection lies in the idea that there is only a finite amount of work to be done. The unstated assumption is: "If Americans don't get to do that work, if foreigners do it instead, we Americans will have nothing to do."

But work is the creation of wealth. A job is a role in the production of goods and services--the production of food, of cars, computers, the providing of internet content--all the items that go to make up our standard of living. A country cannot have too much wealth. The need for wealth is limitless, and the work that is to be done is limitless.

From a grand, historical perspective, we are only at the beginning of the wealth-creating age. The wealth Americans produce today is as nothing compared to what we'll have two hundred years from now--just as the standard of living 200 years in the past, in 1806, was as nothing compared to ours today.

Unemployment is not caused by an absence of avenues for the creation of wealth. Unemployment is caused by government interference in the labor market. Even with that interference, the number of jobs goes relentlessly upward, decade after decade. This bears witness to the fact that there's no end to the creation of wealth and thus no end to the useful employment of human intelligence and the physical effort directed by that intelligence. There is always more productive work to be done. If you can give your job to an immigrant, you can get a more valuable job.

What is the effect of a bigger labor pool on wage rates? If the money supply is constant, nominal wage rates fall. But real wage rates rise, because total output has gone up. Economists have demonstrated that real wages have to rise as long as the immigrants are self-supporting. If immigrants earn their keep, if they don't consume more than they produce, then they add to total output, which means that prices fall (if the money supply is constant).

And, in fact, rising real wages was the history of our country in the nineteenth century. Before the 1920s, there were no limits on immigration, yet these were the years of America's fasted economic progress. The standard of living rocketed upward. Self-supporting immigrants were an economic benefit not an injury.

The protectionist objection that immigrants take away jobs and harm our standard of living is a solid economic fallacy.

A popular misconception is that immigrants come here to get welfare. To the extent that is true, immigrants do constitute a burden. But this issue is mooted by the passage, under the Clinton Administration, of the Personal Responsibility and Work Opportunity and Reconciliation Act (PRWORA), which makes legal permanent residents ineligible for most forms of welfare for 5 years. I support this kind of legislation.

Further, if the fear is of non-working immigrants, why is the pending aimed at employers of immigrants?

America is a vastly underpopulated country. Our population density is less than one-third of France's.

Take an extreme example. Suppose a tidal wave of immigrants came here. Suppose that half of the people on the planet moved here. That would mean an unthinkable eleven-fold increase in our population--from 300 million to 3.3 billion people. The result? America would be a bit less "densely" populated than England (360 people/sq. km. vs. 384 people/sq. km.). In fact, it would make us less densely populated than the state of New Jersey (453 per sq. km.). And these calculations exclude Alaska and Hawaii, and count only land area.

Contrary to widespread beliefs, high population density is a value not a disvalue. High population density intensifies the division of labor, which makes possible a wider variety of jobs and specialized consumer products. For instance, in Manhattan, there is a "doll hospital"--a store specializing in the repair of children's dolls. Such a specialized, niche business requires a high population density in order to have a market. Try finding a doll hospital in Poughkeepsie. In Manhattan, one can find a job as a Pilates Method teacher or as a "Secret Shopper" (two jobs actually listed on Craig's List). Not in Paducah.

People want to live near other people, in cities. One-seventh of England's population lives in London. If population density is a bad thing, why are Manhattan real-estate prices so high?

Immigrants are the kind of people who refresh the American spirit. They are ambitious, courageous, and value freedom. They come here, often with no money and not even speaking the language, to seek a better life for themselves and their children.

The vision of American freedom, with its opportunity to prosper by hard work, serves as a magnet drawing the best of the world's people. Immigrants are self-selected for their virtues: their ambitiousness, daring, independence, and pride. They are willing to cast aside the tradition-bound roles assigned to them in their native lands and to re-define themselves as Americans. These are the people our country needs in order to keep alive the individualist, hard-working attitude that made America.

Here is a short list of some great immigrants: Alexander Hamilton, Alexander Graham Bell, Andrew Carnegie, most of the top scientists of the Manhattan Project, Igor Sikorsky (the inventor of the helicopter), Ayn Rand.

Open immigration: the benefits are great. The right is unquestionable. So let them come.

Copyright © 2006. TOF Publications, Inc. Permission hereby granted to republish, in whole or in part, provided no changes are made in the wording of material used, Harry Binswanger's authorship is stated, and this notice is carried.