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Post 100

Wednesday, May 12, 2010 - 11:26amSanction this postReply
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Jim:

So, why should we give away those constitutional rights at the border?


You don't believe in the existence of a Constitution, if you don't even take your own arguments seriously why should I?

You're asking why I would give away rights, but this is a strawman, because I do not assert you have a right to remain anonymous in any and all dealings you have with other individuals. This right to remain un-named doesn't exist, because this is nothing more than a threat to my rights. I wouldn't let just any stranger barge onto my property unannounced, I would require he come announced, identified, and would be permitted to enter only when it is deemed he is not a violent threat to me , so to logically extend that to a nation's jurisdictional border, keeping out criminals is simply a logical extension of that. When it comes to people entering from a foreign jurisdiction, no such right to anonymity ought to be recognized.

You are more than welcome to give your moral reasoning as to why one has a right to remain anonymous in this kind of situation, but you haven't yet. You didn't bother to address the epistemological problem I brought up, you just completely ignored these arguments, you didn't bother to address the problem of any would-be terrorist and criminal pouring through our borders if no protections were there to filter them out, you just completely ignore my arguments, and consistently ask if the Constitution permits such a thing at our borders (to which I have no idea that it does or doesn't) a Constitution that if you had your away would be torn up and thrown in the trash, but the very same Constitution that you appeal to as some kind of religious document, that divinely reveals the rights of man. I'm not going to bother responding to you until you actually address the points I make.






(Edited by John Armaos on 5/12, 11:51am)


Post 101

Wednesday, May 12, 2010 - 11:32amSanction this postReply
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(sorry, double post)

(Edited by John Armaos on 5/12, 11:32am)


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Post 102

Wednesday, May 12, 2010 - 1:04pmSanction this postReply
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John,

Your reply to Jim was, "You're asking why I would give away rights, but this is a strawman, because I do not assert you have a right to remain anonymous in any and all dealings you have with other individuals. This right to remain un-named doesn't exist, because this is nothing more than a threat to my rights. I wouldn't let just any stranger barge onto my property unannounced, I would require he come announced, identified, and would be permitted to enter only when it is deemed he is not a violent threat to me..."

You are mixing up two different actions:
1.) Everyone can choose to remain anonymous in any voluntary transaction where both parties accept that - this happens all the time. I stop at a store, carry something to the counter, and pay with cash. Entering the store and buying the item and leaving... all anonymous.
2.) You talk about someone barging onto your property. That is different... "barging" implies it is against your wishes, i.e., trespassing, which would be a violation of your property rights. It is the violation of the property rights, not the anonymity that is wrong.

What's more, you have found yourself defending the position that I took originally (which you disagreed with), that it is morally justifiable to control immigration based upon a derivation of property rights.

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Post 103

Wednesday, May 12, 2010 - 1:31pmSanction this postReply
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Steve:

What's more, you have found yourself defending the position that I took originally (which you disagreed with), that it is morally justifiable to control immigration based upon a derivation of property rights.


But this is absolutely not what you had argued before. You didn't base it on the protection of rights, property rights or otherwise, you argued on the basis of protecting a culture, and protecting the legal infrastructure we paid for (a kind of argument for protecting a welfare state), these aren't arguments for protecting rights, since you would just as easily restrict immigrants who have committed no crimes nor intend to commit any on the basis that they would be recipients of welfare or that they would as you said quote "swamp our culture". You had said:

"And those who are going to stay need to be on a path to citizenship that include adopting our country and bringing them in at a rate that allows us to absorb them without having our culture swamped. We lose our culture when the rate of immigration goes too high."

As Mike had wrote: "The principle that we draw the line at is the objective standard of ethics, life qua man, ASSAULT is where that line is drawn."

Not culture, not protection of the welfare state, not for any other reason except to stop assault on the individual.

You wish to argue that I am being inconsistent in my argumentation, but I'm not not, they are entirely consistent with the principle of individual rights.


Everyone can choose to remain anonymous in any voluntary transaction where both parties accept that - this happens all the time. I stop at a store, carry something to the counter, and pay with cash. Entering the store and buying the item and leaving... all anonymous.


We only do this to the extent that we believe we all live under the same jurisdictional umbrella with the expectation that those who walk into our businesses have been documented, and identification is possible should a crime have been committed. Again, this is all goes back to the epistemological problem of knowing who is and who isn't a criminal. I am making an attempt at offering a reasonable level of resolving that problem in a particular context. Notice though in states like Israel where the threat of terrorism is so high, you can't go to places like the mall without walking through a metal detector, being subject to a search and presenting identification, basically in this situation the mall is assuming for itself at least partially the responsibility of police protection. While the mall also has the right to restrict individuals also on any other basis besides protection from assault, the government cannot assume any other role except for the protecting against assault, and not because they're not fond of the culture that individual comes from.


If a mall wants to, it can restrict people with baggy pants from coming into their mall. You cannot give any kind of tenable argument that the government can also discriminate on any number of ad hoc reasons that private business can, it is tasked only with the protection of individual rights. You do not have a right to be free from living in a nation that has (x) amount of Mexican immigrants.





(Edited by John Armaos on 5/12, 1:55pm)


Post 104

Wednesday, May 12, 2010 - 2:51pmSanction this postReply
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John,

You mistake my position. I would never argue to protect the culture for the sake of the culture - that's silly. I would only argue to protect the culture if it is of a value to individuals. Then to go beyond saying that it is of value, I was arguing that it is property and that we have a derived property right (similar in some ways, but different in others, to the property rights shareholders or HOA members have.) I'm not going to defend that position any further here, since I realize at this point that forum posts are not adequate to flesh out that idea - especially when it is not being well received.

So, you can say, "I agree, citizens have some kind of property rights in aspects of their national culture," or, "I don't understand what you are saying," or "I disagree that citizens have any kind of property rights of that kind."

If I were able to make the point that we do have some kind of a property right in our culture, then you and Bill would most likely see that the issue of assault could arise from damage to the property done without the permission of the rights holders. It has never been my intent to argue for some new kind of right different from individual rights, or that government could exercise force to keep anyone out or even to question them without being in accord with the individual rights we all agree on (in principle, if not in each application).
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You said, "We only do this [anonymous transactions] to the extent that we believe we all live under the same jurisdictional umbrella with the expectation that those who walk into our businesses have been documented, and identification is possible should a crime have been committed."

I disagree. I live in Arizona and I interact with legal and illegal immigrants year in and year out. There is no difference in my transactions or whether or not they can be anonymous. I don't know who is a criminal, I can't tell if someone is going to become a criminal for the first time, I can't tell if someone was a criminal in the past. And what government does or doesn't do at the border makes little change in these conditions which, by the way, are the same for pretty much everyone everywhere. Your argument that anonymity makes a big difference and that it only applies under the national jurisdiction doesn't work. If it did, we would see enormous statistical differences in crime rates between documented and undocumented - we don't.
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You said, "...the government cannot assume any other role except for the protecting against assault."

Yes, in that context you are correct, BUT they cannot act until they have factual evidence of that assault - some valid reason to believe the assault has or will happen.





Post 105

Wednesday, May 12, 2010 - 3:22pmSanction this postReply
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Steve I fear the abstractions that are being used here are being carried away into a sea of confusion and muddiness. The word culture can mean a lot of things, the way I understand culture to mean does not have anything to do with individual rights, and arguing on the basis of protecting a culture that respect the rights of man by disallowing some peaceful innocent men from entering you have to admit sounds counter-intuitive. So perhaps that's why your ideas are not well received because they are not well understood. So let's just break this down into concretes:

Do you think the government ought to document immigrants that wish to come here, and should identification of one at the border pop-up on a criminal database or terrorist watch-list, or exhibit signs of carrying a deadly contagion, should they be let into the country? Should we even stop anyone at our international border to determine these things?

Do you think there should be any other reason besides those that I said in the previous question that we should restrict someone from coming here?

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Post 106

Wednesday, May 12, 2010 - 3:54pmSanction this postReply
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Actually I'd like to address this comment too:

I don't know who is a criminal, I can't tell if someone is going to become a criminal for the first time, I can't tell if someone was a criminal in the past. And what government does or doesn't do at the border makes little change in these conditions


I emphatically disagree. I only need to point to one example where someone who had the desire and the intent to commit a terrorist act was caught at the border.

Consider that the Vancouver to Port Angeles ferry border check at Port Angeles in Washington caught Ahmed Ressam with explosives and detonation material, later revealed to be part of a plot to bomb Los Angeles airport, Ressam is now convicted to 22 years in prison.


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Post 107

Wednesday, May 12, 2010 - 4:12pmSanction this postReply
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John,

You asked me, "Do you think the government ought to document immigrants that wish to come here, and should identification of one at the border pop-up on a criminal database or terrorist watch-list, or exhibit signs of carrying a deadly contagion, should they be let into the country?"

Yes, the government has a responsibility to defend our borders and that means control of attempts to enter the country by non-citizens. The govenment should be screening those who attempt to enter and they should not let criminals or terrorists or people with serious, contagious diseases enter.

You asked, "Should we even stop anyone at our international border to determine these things?"

Yes, the government has a right to stop non-citizens from entering. It isn't their country to enter at will. If you aren't a citizen, you don't have a right to enter at will. There needs to be rational policy, democratically established to determine the best immigration and guest worker policies and their implementation.

You asked, "Do you think there should be any other reason besides those that I said in the previous question that we should restrict someone from coming here?"

Yes, but I'm not going to get into that because we would just end up in the same place - the moral justification for restricting entry. I agree with the restrictions you named, but not with your reasoning on all of them. And you don't agree with my moral justification for restricting entry.

Post 108

Wednesday, May 12, 2010 - 4:34pmSanction this postReply
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John,

You totally missed my point in your reply in post #106. I pointed out that people regularly work with people - citizens and non-citizens, legal immigrants and illegal immigrants - and do so day in and day out without knowing if they have been, are or will be criminals. That's a simple fact that isn't disputable.

I stated that to refute your argument that anonymity in terms of criminal status was where the threat lies.
------------

Besides totally missing the intent of my argument, your disagreement is strange. I said, "I don't know who is a criminal, I can't tell if someone is going to become a criminal for the first time, I can't tell if someone was a criminal in the past."

How can you disagree with that? Do you know what is in my mind? No. Do you know what I have learned about all the people that I have encountered? No. Is it possible to know when someone is going to become a criminal in advance of that happening? No.



Post 109

Wednesday, May 12, 2010 - 5:04pmSanction this postReply
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Steve:

You asked, "Do you think there should be any other reason besides those that I said in the previous question that we should restrict someone from coming here?"

Yes, but I'm not going to get into that because we would just end up in the same place - the moral justification for restricting entry.
So let me get this straight, there are other reasons you think are valid for restricting access into our country, but you are not prepared to state or defend them?

I pointed out that people regularly work with people - citizens and non-citizens, legal immigrants and illegal immigrants - I stated that to refute your argument that anonymity in terms of criminal status was where the threat lies.
Well I don't agree with your refutation. Yes people do regularly work with illegal aliens but they do so at a much greater peril since they are undocumented, it is harder to identify them when one of them commits a crime. But I don't really understand your objection anywyas, since you think they should be documented. If you think they do, but you don't agree with my reasoning for it, then please by all means tell me the reasoning why immigrants wishing to come to our country should be documented? Are you prepared to state or defend that reasoning?

It's easy to criticize a system, it is much harder to implement one.


Post 110

Wednesday, May 12, 2010 - 5:25pmSanction this postReply
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John,

You said, "It's easy to criticize a system, it is much harder to implement one."

Yes, I was attempting to explain an application of property rights to aspects of the national culture. I was trying to explain a system of thought but I didn't get anything back but criticism.

I did state my reasons. And I did defend my reasons. But the response I got was too much like what one gets when attempting to explain intellectual property rights to an anarchist. It felt to me that my ideas were being rejected out of hand and weren't being received well enough to motivate me to continue the discussion.

This isn't me saying "I'm taking my marbles and going home" and my feelings aren't hurt and I'm not upset... I just don't think that this method of putting this idea out there via dueling posts isn't a good one. It needs to be in the form of an article and then people can pick at it and find the weak spots. I've done a fair amount of thinking and reading on the philosophy of property rights and there are a number of things that need to be written about. Maybe that's what I'll do.

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Post 111

Wednesday, May 12, 2010 - 5:26pmSanction this postReply
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Steve -
I'm struggling to understand the relevance in this disagreement to John's point:

You totally missed my point in your reply in post #106. I pointed out that people regularly work with people - citizens and non-citizens, legal immigrants and illegal immigrants - and do so day in and day out without knowing if they have been, are or will be criminals. That's a simple fact that isn't disputable.
 
I stated that to refute your argument that anonymity in terms of criminal status was where the threat lies.

Unless you're arguing that the fatal flaw in John's argument is that he's failed to recognize government's lack of omnipotence, I don't see how this is relevant. 


Post 112

Wednesday, May 12, 2010 - 5:36pmSanction this postReply
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Steve that is certainly your prerogative, I was trying to see if we could establish the concretes to alleviate the confusion. Your reasons I think were too much of a floating abstraction, I was trying to see if we could anchor them by offering a few concretes so I can better understand your position. As it stands now it's unclear to me what particular actions you would wish to stop at the border. I know you want to stop criminals and terrorists from coming, you think they should be documented, but there's more that should be done that I'm not clear on what that exactly entails. There is the status quo of country of origin quotas, but I'm not even sure if you believe in that either.

Post 113

Wednesday, May 12, 2010 - 5:42pmSanction this postReply
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Teresa,

John has argued that a danger to us as individuals comes from the possibility of people interacting with each other from a position of anonymity. If that argument were solid, government could justify stopping people anywhere to check for ID (after all we have 12 million people in the country that are anonymous in this way).

I made the point that people interact with each other from a position of anonymity all the time. We interact with people from a position of ignorance as to their background. We interact from a position of ignorance regarding what a person will do in the future and regarding their intentions.

I was just pointing out that his anonymity argument did not work as a primary cause of danger to our rights. I don't disagree with the need to vet all non-citizens wanting to enter the government. But my reasons (moral justification for stopping people and checking them out) are different.

Post 114

Wednesday, May 12, 2010 - 6:12pmSanction this postReply
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Steve:

I made the point that people interact with each other from a position of anonymity all the time.


See, you're just dropping context by saying this. That anonymity needs to go away when someone commits a crime, and how can you identify a criminal if he's not documented? If we didn't stop people at the border, if the policy is we will check no one to filter out terrorists and criminals, to document immigrants that wished to enter, then would you think we would have the same kind of dealings with one another? I don't think so. We would start to turn our businesses and properties into mini-fortresses, literally any criminal and terrorist around the world would know they have free reign in the U.S. Wanted for a crime in Mexico and want to escape the jurisdiction? Not a problem, just walk right through the border. It won't be hard for you to do so, no one is stopping you, so you're not even mitigating this from happening. Are you a terrorist living in Pakistan that wants to blow up a building in NYC? Hey not a problem, just hop on a plane and come over. You can't seriously think my reasoning is unsound when faced with the reality of dealing with foreign jurisdictions and foreign criminals and terrorists? Nor do I understand why I should continue to defend my reasoning for doing this when you don't even offer one yourself!!

And of course the government is not omnipotent, it's not going to be able to stop ALL criminal from entering, the idea though is to make it hard for criminals to do so, to mitigate the threat, while allowing innocents to come through with only a minimal amount of inconvenience needed to protect them, and the rest of us who live within the borders.



(Edited by John Armaos on 5/12, 6:16pm)


Post 115

Wednesday, May 12, 2010 - 6:35pmSanction this postReply
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John,

You aren't following my argument. I said I agree with stopping people at the border and doing criminal and terrorist checks. I said it in post #113, just above. I said it in post #109. I have always said that.

Post 116

Wednesday, May 12, 2010 - 6:44pmSanction this postReply
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But you won't say why you favor it, and you attack my reasoning for it. Do you think that's fair?

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Post 117

Wednesday, May 12, 2010 - 6:47pmSanction this postReply
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I see,
 
I made the point that people interact with each other from a position of anonymity all the time. We interact with people from a position of ignorance as to their background. We interact from a position of ignorance regarding what a person will do in the future and regarding their intentions.

But don't you see?  We're only able to interact that way because documentation is required by law. Taking it for granted is exactly the way it should be.  Because I never saw your documentation doesn't mean I don't expect it to exist.  


Post 118

Wednesday, May 12, 2010 - 7:32pmSanction this postReply
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John,

I did say why I favor it, several times.

Teresa,

I said that the danger is NOT from anonymity - that's not a valid argument.


Post 119

Wednesday, May 12, 2010 - 7:47pmSanction this postReply
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"I said that the danger is NOT from anonymity - that's not a valid argument."

Oh good grief! Then what is the danger from? Let's see, here's out alternatives, document people coming in, asking them to identify themselves, or letting them anonymously come in. You admit you wouldn't want the latter, and now you're saying there is no danger in letting people anonymously cross the borders? What exactly is it that you're attacking here?

"I did say why I favor it, several times."

No not really. You seem to refuse to state your reasoning in post 107.

You asked, "Do you think there should be any other reason besides those that I said in the previous question that we should restrict someone from coming here?"

Yes, but I'm not going to get into that because we would just end up in the same place - the moral justification for restricting entry. I agree with the restrictions you named, but not with your reasoning on all of them. And you don't agree with my moral justification for restricting entry.


You were asked to give a concrete example of a morally justifiable prevention of someone coming through our borders besides the ones I outlined. You refused to answer this. You argued before that the rate should be slow enough to assimilate people into our culture, you don't say what exactly that means. Actually it sounds indistinguishable from the status quo we have now of country of origin quotas, a completely arbitrary and inhuman policy that prevents innocent people from seeking refuge here from the abuses of government they experience in their country of origin. It's basically an argument for a privileged class of individuals that are entitled to freedom that others do not get to enjoy.

(Edited by John Armaos on 5/12, 8:06pm)


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