Immigration and Individual Rights

Posted by khalling 9 years, 3 months ago to Philosophy
56 comments | Share | Flag

Most arguments we have been discussing are included in this article: including how public lands shall be protected. From the article:

"There are two kinds of property in America: private property and so-called “public” property. Whereas private property is owned by individuals and corporations, “public” property, which is allegedly “owned by everyone in general,” is actually owned by no one in particular. This is why no one in particular can dictate how it will or will not be used. Consider that if citizen Jones insists on permitting immigrants to enter “his” portion of “public” property, but citizen Smith insists on prohibiting immigrants to enter “his” portion, the conflict cannot be justly resolved. Someone’s “right” to “his” portion of the property “owned by everyone in general” is going to be violated. This and the countless similar conflicts arising from the notion of “public” property point to the invalidity of such property—property which, by its very nature, violates individual rights and generates an endless stream of irresolvable rights disputes."
SOURCE URL: https://www.theobjectivestandard.com/issues/2008-spring/immigration-individual-rights/


Add Comment

FORMATTING HELP

All Comments Hide marked as read Mark all as read

  • Posted by $ jbrenner 9 years, 3 months ago
    The solution to this "conflict" is to sell all "public property" and thereby pay down, if not eliminate, the national debt.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by $ CBJ 9 years, 2 months ago
      At an average value of $2,000 per acre (a generous estimate, since this includes quite a bit of inaccessible desert land and tundra), the 600 million acres or so of salable federal land would net the government only about $1.2 trillion, or about 7% of the current national debt. I think that selling off most of the federal land to private individuals is a great idea for many other reasons. It’s just not a magic bullet for paying off the national debt.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by $ WilliamShipley 9 years, 2 months ago
        Nice, I never thought of doing the math, and I usually do. So selling off the land wouldn't cure the national debt. I think that converting it to productive use would certainly help with the process.
        Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by $ jbrenner 9 years, 2 months ago
        How much non-salable federal land is there? I thought Alaska and Nevada were mostly federal lands.
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by $ CBJ 9 years, 2 months ago
          In an Objectivist society, all or nearly all government-owned land would be salable (although some of it would be nearly unusable and would bring very low prices). Unsalable land might include military bases and other land used for structures housing legitimate government functions, such as courthouses, legislative meeting places and administrative headquarters.
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by $ jbrenner 9 years, 2 months ago
            I agree on what is unsalable land and what is salable land. The mineral and oil rights to much of what the government considers its land (and Objectivists do not) would be worth quite a lot in many cases.
            Reply | Mark as read | Parent | Best of... | Permalink  
    • Posted by Animal 9 years, 3 months ago
      Here's the problem with that: I have precisely zero faith that the resulting revenues would be used to reduce the national debt.

      The revenues would be used to buy votes, pure and simple. It wouldn't solve anything.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by $ jbrenner 9 years, 3 months ago
        The idea of selling all "public property" would require a country that holds at least near-Objectivist values. If the revenues went to buying votes, that could be a whole another chapter in Atlas Shrugged: Now Non-Fiction!
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by 9 years, 3 months ago
          Perhaps. but China respecting more capitalistic endeavors (through private property rights) has changed the nation. It changes how the people respond to teh govt. Moving to a mixed economy is killing capitalism. But we were always the shining becon on the hill and we have lost so much-but as blackswan said today, give me 2015 over pre- civil war with regards to human rights. I try to keep that in mind.
          Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by $ WilliamShipley 9 years, 3 months ago
        Me too. A great solution to the U.S. financial situation would be for the government to sell the majority of the land it holds and use the revenue to pay off the debt. It would also make the land productive and tax generating.

        However, given how politics works they would give it to their supporters for pennies on the dollar.
        Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by Lucky 9 years, 3 months ago
    I have read the article and agree with the reasoning and the conclusions, but,
    there is the matter of timing.
    If Objectivism does not predominate in both source and destination nations, to allow would be migrants a right to entry is a suicide wish, worse it sends your family, your culture, and your nation as well to slavery or death.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by $ jbrenner 9 years, 3 months ago
    Part of the problem is a variance in the set of expectations of what is the proper role of government. There are very few things that are in the proper role of a federal government. Border protection is one of those few things. If a country will not protect its border, the country has no reason to exist. The primary reason why individuals aggregate into societies is to provide for a common defense. This is why walled cities were formed thousands of years ago. Very few individuals have the financial wherewithal to provide their own border protection besides a fence and video camera security.

    Every country in the world expects that visitors produce a visa, passport, etc. for permission to enter their country, and expects that visitors obey their laws once they have arrived. To suggest that this is an unreasonable burden upon the visitor or immigrant, or to suggest that anyone who expects this little from their government is "anti-freedom" is not reasonable. It is no more unreasonable than expecting that someone should produce a photo ID in order to vote. Yet both are being attacked for being unreasonable expectations, the former within this forum and the latter outside this forum.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by 9 years, 3 months ago
      you completely ignore the arguments presented in the article! Why is it that a country should not keep free people from travelling over public land? If they have committed no crime and want to freely associate with with those who have private property? because public lands do NOT belong to the government. They belong to its citizens. You may want to keep free people out, I may want to associate non-citizens. When someone commits a crime, law enforcement will handle it through procedures we have put in place consistent and representative of our Constitution and Bill of Rights. There is nothing in those documents to tell the govt to lock down the border. Is it a declaration of war? We have formal procedures put in place for that. You want to be protected against possibilities. I get that. a proper govt role would have been never to allow a welfare state. how has that protected you? A proper govt would not be allowed to pass the Patriot Act. The Boston Bombers still happened. In the end, you are willing to give up the farm for unseen or unperformed protections. Make the immigration process easy. and your illegal problem will diminish. Legalize drugs and your violent cartel problem dries up. Reduce gun control and illegal arms trade will no longer be lucrative. but no. instead we are arguing to save us from the evil mexicans. protect me from the ATF-you know one of the gun walking firearms was found at the scene of the Garland, TX attempted terroist attack and that 100s of Mexicans have been killed by those guns allowed into the hands of criminals knowingly
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by $ jbrenner 9 years, 3 months ago
        The immigration described in the article is fine. It allows the country to have an objective set of procedures for verifying the immigrant's authenticity. Under those conditions, immigration is to be supported.
        Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by $ jbrenner 9 years, 3 months ago
        On your solutions regarding making immigration easy, legalization of drugs, reduction of gun control, and the illegal arms trade, we are in complete agreement. Not only was one of the Garland firearms from ATF, but don't forget "Fast and Furious".

        As for the article, I chose to write the way I did because I wanted to do so. My arguments are mine, because I am my own highest authority, just as you are your own highest authority.

        As for proper government roles:
        Welfare, the Patriot Act, etc. were intentional violations of the Constitution that served to empower those who passed them at our expense. When politicians willfully violate their oaths to uphold the Constitution, the citizenry can a) vote the bums out, b) revolt, or c) shrug. a) hasn't worked. We probably lack sufficient resources to win at b). That leaves c).
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by jabuttrick 9 years, 3 months ago
          It's not just the politicians who violated their oaths, it's the judges too by not declaring void the unconstitutional laws.
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by freedomforall 9 years, 2 months ago
            The judges were appointed by the politicians. If they hadn't been reliable for the pols goals they wouldn't have been appointed. Game's rigged.
            This is not your grandfather's America.
            Even grandfather's America was corrupt to a somewhat lesser extent.
            Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by $ blarman 9 years, 3 months ago
    So maybe the real question we should be deciding is why the Federal government actually owns any land at all outside of Washington, D.C.

    Let's say that an amendment is passed that prohibits the Federal Government from owning land at all (with the exception of Embassies and Consulates in foreign nations). Any land they want to build a building on, etc., outside the District of Colombia must be leased or rented from the State in which it is located.

    Now one can say that all this does is devolve the burden down to the States, it doesn't necessarily eliminate the problem with "public" property. The problem is that in any situation where ownership of land is by a group (so-called public land fitting this description) there must be caretakers assigned for that land, empowered with ownership rights. Even when this is a government agency, the land still has certain conditions of use associated with it and penalties for abrogation. In the case of public properties, that abrogation can amount to a crime instead of merely a dispute between citizens and as such would be decided in a criminal rather than a civil court proceeding. But it is not individual citizens, but rather the property's caretakers who must bring the suit.

    The underlying problem is that this is being used as an argument that anyone should have access to "public" land, and this just isn't the case. As is pointed out even today, with "public" land, the government is charged with overseeing its use. Deference is given to citizens with respect to its lawful use, but the fallacy is in associating unlimited rights or passage through or use of that land. No such thing exists in today's world. The only way one might claim such would have been prior to the US' annexation of those territories when there truly was no owner, no authority, and no force of law in those lands.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by j_IR1776wg 9 years, 3 months ago
    About ten years ago in Northern New Jersey, I was on my way out of a supermarket and decided to buy a lottery ticket. A young Latina was ahead of me at the counter. She spoke no English but clearly wanted milk from the WIC program.When asked for an ID she opened her wallet and since I am 6'1" and she barley 5', I could see her going through 4 or 5 Social Security cards. I knew then that America and Individual Rights were going to die. Marx wanted to abolish private property and this government is implementing his wishes at an ever increasing rate.
    Reply | Mark as read | Best of... | Permalink  
    • Posted by $ Suzanne43 9 years, 3 months ago
      Your story about the Latina woman really got me thinking about my rights as an American citizen who has contributed greatly to this country because I have worked hard and obeyed its laws. I own property in two states. Why can't I vote in both states? I pay taxes in both. Being able to vote in any state in which you own property would give property owners more clout.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by j_IR1776wg 9 years, 3 months ago
        I seem to remember reading that when the Constitution was being written several proposals were put forth that would have allowed only property owners to vote. They were defeated of course but I wonder if this idea has merit for our time?
        Oh and I guess that you and I have only one Social Security card each:-)
        Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by $ Suzanne43 9 years, 3 months ago
          Yes, it should have merit. And I'm so naive that I thought one Social Security card was all that you were entitled to. BTW, I hate the word, "entitled."
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by j_IR1776wg 9 years, 3 months ago
            +1 for "entitled" me too! We've had to work you know what off just to have what we've got. And these illegals are entitled to our production! Time to take my BP medication.
            Reply | Mark as read | Parent | Best of... | Permalink  
            • Posted by $ Suzanne43 9 years, 3 months ago
              Boy, if I had BP medication, I'd be taking it. My baseball team is in last place, and talking about property rights, the commissioners in my small town have voted to permit a huge hotel to be built on the beach. It will practically be in my backyard. All the property owners in the neighborhood are up in arms. No one, not even the zoning board wanted this to happen. BTW, remember Elizabeth Warren said that you didn't build that.
              Reply | Mark as read | Parent | Best of... | Permalink  
        • Posted by $ jbrenner 9 years, 3 months ago
          Actually you did have to be a property owner to vote until 1792 in Kentucky and until 1856 in North Carolina. The idea had merit then, and still has merit.
          Reply | Mark as read | Parent | Best of... | Permalink  
          • Posted by $ Susanne 9 years, 3 months ago
            Still does - part of the "If you want to have a say in this, you have to have a physical stake in this".
            It's not unlike the proposal that to vote or hold office, you have to have had some type of either military or public service. You want to have a say in this thing, you have to have a stake in it as well.
            Reply | Mark as read | Parent | Best of... | Permalink  
  • Posted by LibertyBelle 9 years, 3 months ago
    I can see some validity in the notion of "public
    property" in certain limited cases: courthouses,
    military bases, police stations, etc. But even then,
    the "public property" ultimately belongs to the citi-
    zens.
    And suppose a hypothetical case: suppose
    Smith, Jones, Robinson, and Brown all get to-
    gether,and because Green's land is among all
    those, they all agree not to let him get out to
    go to work, go to the store, fetch water, etc. I
    think that in that case, if no one allowed Green
    a right-of-way to get out, it would amount to
    false imprisonment. Perhaps that is not really
    quite relevant to the immigration debate, but it
    is something I think about sometimes.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by philosophercat 9 years, 3 months ago
    This is a badly framed argument. Every piece of land in the US is owned and its use determined by the owner. Two simple examples are the open lands in the Northeat and the checkerboard lands in the West. My land is open to hunters but the abutter has closed their lands so hunters need to observe the rules while the deer don't care about title. In the West every 660 feet you are on another piece of the checkerboard. If the land is Plum Creek and USFS then one is cut and the other is abandoned but it is all owned. Private and public property per se present no problem or conflict in determining the use of the lands. What happens as John Locke saw is that the owners work out agreements to accommodate any common interests. Just like a free country the parcels are sovereign and used by their owners for their quiet enjoyment and pleasure whatever that may be and it is no one else's business. Only if every one has equal absolute property rights does it all work out rationally. Imigrants like hunters go where the game is.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by Herb7734 9 years, 3 months ago
    Open all so-called public property to auction. The monies gathered to be distributed equally among the highest bidders after everything is sold, after expenses. To be monitored by a private CPA firm.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by term2 9 years, 3 months ago
    Maybe "public lands" should be like property owned by corporations made up of stockholders (all the citizens in each state for example). I should have a stock certificate for my share of public lands and property, and be able to vote as we do at stockholders meetings. lands, but rather a minimal amount - because its too difficult to manage. The current system where the amorphous "government" owns the lands for itself should be abolished.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by wiggys 9 years, 3 months ago
    Individual rights probably do not exist in the usa any longer. Notice that agencies of the government at all levels violate those rights probably on a daily basis somewhere in the usa that is not necessarily making the national news.as the people who live on the southern border is now or has in the past or will in the future protect what is supposedly their individual rights. i believe you know the answer.
    Reply | Mark as read | Best of... | Permalink  
  • Posted by $ WilliamShipley 9 years, 3 months ago
    Public property is owned in a manner entirely analogous to corporate property. I am sitting in an office unit owned by Schuyler House, No individual owns this all though Jan and I each own a rather large percentage. This ownership does not allow us to dictate how the property is used. Corporate property is owned by no one in particular.

    All the ownership does is allow us to select people who have the authority to run it -- which happens to be the two of us. Because of that we can decide how it is run.

    While I don't remember the corporate details from AS, I assume neither Hank Rearden nor Dagny Taggart were sole owners of the companies they ran.

    Ownership and control can easily rest in separate hands.

    In many countries, certainly in the U.S. the citizens of the country vote to give control to the politicians who have the control over the assets subject to the constitution (if they read it).
    Reply | Mark as read | Best of... | Permalink  
    • Posted by 9 years, 3 months ago
      corporate property is private property unless it is publicly traded. It functions as private proerty. Public lands are for anyone to use provided they initiate no harm. How those rules are procedurally administered does not include picking "winners" (natural born citizens) and "losers" free people from other countries. Saying one's environment/culture is threatened by others' ideas, well there are proper ways of approaching that. Dissemination of knowledge for one, proper, but limited laws, strong private property recognition and enforcement.
      Reply | Mark as read | Parent | Best of... | Permalink  
      • Posted by $ WilliamShipley 9 years, 3 months ago
        I see no distinction in property ownership between private corporations and publicly traded ones. Aside from all the reporting differences because of the government the difference is who can buy the stock.

        Publicly traded stock can be bought by anyone. But once you own the stock you own a portion of the corporation.
        Reply | Mark as read | Parent | Best of... | Permalink  

FORMATTING HELP

  • Comment hidden. Undo