Preserving The Legitimacy Of The Supreme Court Must Outweigh Partisan Anger

Protesters on steps of Supreme Court - Brett Kavanaugh confirmation - SCOTUS

Conservatives lived with what they saw as a left-leaning, activist Supreme Court for decades without undertaking serious efforts to undermine the institution. But while the American Left rightly decries the various attacks on governmental institutions in the Age of Trump, their anger at the confirmation of Brett Kavanaugh is leading them to do precisely that which they say endangers the Republic

I spend a lot of time criticizing the American news media, and rightly so since there is a lot to criticize in this so-called renaissance of print journalism in the Age of Trump. I often single out the New York Times for particular criticism – their claim to run a scrupulously impartial and ideologically neutral newsroom is risible when their opinion pages are stacked 10-1 with not just left-wing progressives, but the kind who have drunk deep from the well of social justice and are now utterly high on the most poisonous distillation of identity politics dogma.

But I also feel compelled to give credit where credit is due. While the New York Times and other prestige media outlets may devote large portions of their time and resources to misrepresenting conservatives and stealthily promoting leftist agendas, today their Opinion email bulletin featured a progressive Op-Ed writer who actually sought to lay out the conservative perspective in good faith for the benefit and enlightenment of Times readers, rather than misrepresenting the conservative perspective to generate cheap outrage.

Addressing the ongoing rancor generated by the nomination and confirmation of Justice Brett Kavanaugh to the Supreme Court, Op-Ed columnist David Leonhardt clearly set out his own liberal position, but then laid out the opposing view in a way which did not openly invite ridicule or snap moral judgment.

Leonhardt begins:

In this polarized era, most of us don’t spend a lot of time genuinely trying to see a political issue the way that the other side does. And it’s often worth doing so. Let me give you an example.

He then goes on to state his own personal view (entirely in line with progressive thinking) that the Court is supposedly dominated by an “extremely conservative and partisan majority” sufficient to justify Democrats looking at potentially extreme ways to curb the institution‘s power.

But then Leonhardt says this:

But here, roughly, is how some conservatives think about the Supreme Court:

In the mid-20th century, a liberal court regularly overruled the popular will or blocked the democratic process. It happened most famously on abortion, but also on school prayer and other subjects. And even though Republicans won the White House in five out of six presidential elections starting in 1968, the court remained left of center, partly because a few supposedly conservative justices didn’t turn out to be conservative.

Yes, the current court is more conservative than the country, these conservatives might say. But we know how you liberals feel right now. Don’t go undermining an entire institution of government just because you have some complaints about it.

The Left does not like to be told of its glaring faults and hypocrisies, particularly by one of their own, so we will no doubt soon see what happens to the career trajectory of David Leonhardt. But laid out here, with no attempt at distortion, is the basic thought process behind most conservatives’ attitude toward the Supreme Court.

To be clear, I personally would not have nominated Brett Kavanaugh to the court over concerns about his views of executive power, and I would not have confirmed him after his performance in the confirmation hearings (yes, it’s natural to be angry at what you see as false accusations, but going on a conspiratorial rant about the Clintons is the antithesis of the impartiality which should be shown by a Justice of the Supreme Court, particularly one whose background was in the Republican presidential administration of George W. Bush). There are other judges with similar judicial philosophies who would have been better for conservatives from both a constitutional perspective and the short-term political perspective of the nomination process (cough, Amy Coney Barrett).

But while I would much rather have seen a different justice confirmed to the ninth seat on the Supreme Court, at this point I am more concerned about the hypocrisy of those on the Left who rend their garments about the damage which President Trump is doing to vital American institutions, while also actively seeking to undermine public faith in the court and even enthusiastically contemplating the idea of stacking the court to restore it’s leftward tilt, should they acquire sufficiently strong control of Congress after the midterms.

The dangers posed by President Trump’s erratic, ego-driven leadership are very real, and the precipitous decline in public faith in key institutions of government is a corrosive acid eating away at the American democracy. But those entirely valid fears are recast as cynical partisan pandering when their chief expounders are also doing their darnedest to destroy trust in institutions after having suffered a setback on the Supreme Court. And as a result of this cynical behavior, people are less likely to take the warnings seriously.

Worse still, the Democrats’ pain threshold is apparently so low that they could not tolerate a potential originalist/textualist (or more cynically, rightward) shift on the court for even a week before they started openly agitating to undermine the institution. Say what you want about the Republicans, and there is much to say – particularly concerning their disgraceful refusal to even consider Merrick Garland, President Obama’s eminently qualified Supreme Court nominee – but conservatives watched as the Burger, Rehnquist and Roberts courts handed down many decisions which they regarded as unconstitutional. Decisions which decisively reshaped the fabric of American life. And while nobody would say that Republicans took defeat gracefully or played the part of happy warriors, at least they did not try to stack the court or mount targeted efforts to delegitimize the institution altogether.

One can disagree with the originalist and textualist judicial philosophy which may now come to more prominence in the Supreme Court’s deliberations, but it is a valid and serious worldview worthy of respect, certainly no less so than the “living constitution” alternative. The answer to political setback is not to take one’s toys and go home in a temper – it is to seek to persuade voters that the progressive alternative is better such that Democratic senators and presidents are elected who can nominate like-minded individuals to the Court. The answer is not to falsely claim that theirs is the only pure and neutral interpretation of the constitution while the conservative perspective is uniquely partisan and dangerous.

Congress already has a rock-bottom approval rating, with hardly anyone respecting the legislative branch of government. The divisiveness of the Donald Trump era has seen one group hold out the present head of the executive branch to be worshipful and almost divinely given while the other group thinks he is Literally Hitler. That leaves only one branch of government held in significant public esteem – the judiciary, led by the Supreme Court.

Is undermining remaining public trust in the third branch of government and sawing the third and final leg off America’s governmental tripod the responsible thing to do right now? Is it even the most politically lucrative thing to do in the short and medium term, given how the Kavanaugh saga has energized the Republican base and put a handful of oncecompetitive seats further out of the reach of Democrats?

My opinions on how best to move forward are currently in flux, but I am attracted by propositions that the Supreme Court should no longer be populated with the same nine lifetime appointees, but rather by federal appeals court judges selected at random for shorter terms, on a staggered basis (see this Vox piece, which is sadly also a prime example of how the Left see theirs as the only legitimate point of view and recent progressive leanings of the Supreme Court not something even worth mentioning). Of course, this change is about as likely as President Trump admitting that he is a Russian stooge, resigning Nixon-style and flying away in a helicopter as a bemused nation watches him go. But it seems like a good potential approach, and one which would do much to depoliticize the highest court (even if the nomination of federal appeals court judges then became somewhat more contentious as a result).

But realistically, we go forward with the institutions we have in the form we have them, staffed by the people whom due process has put in charge. And there is a simple choice to be made by the American Left: do they press ahead and burn away remaining public faith in the Supreme Court, or do they commit – as conservatives did, when they saw that they would keep losing and losing at the hands of the judiciary unless they took a long-term approach to regaining influence – to advance their goals utilizing the legitimate, existing (if flawed) processes and institutions available to them?

Last week I attended oral arguments at the Supreme Court for the first time, hearing the somewhat dry but still fascinating case of New Prime Inc. v. Oliveira being argued before the then-eight sitting Justices of the Court. Sitting in the public seating, soaking in the weight of history within those walls and watching some of the best-credentialed lawyers at the top of their game argue before eight eminent and generally well-intentioned jurists was an unforgettable experience, especially given that I am now studying law in the shadow of that court, right here in Washington, DC.

This case was about employment rights and whether long-distance transportation workers were required to resolve workplace disputes through compulsory arbitration rather than through the courts – an edict which currently varies depending on whether the individual is a waged employee or an independent contractor (an increasingly irrelevant distinction in today’s economy). This kind of case is the Supreme Court’s bread and butter – deciding disputes whose facts would make most people’s eyes glaze over within thirty seconds, but which nonetheless need to be resolved in order to give direction to lower courts and advance the broader course of justice in the United States.

This was not one of the few hot-button social issues which attract hordes of placard-waving protesters to the courtroom steps. The case certainly matters, but primarily to the litigants involved and those who share their interests – transport corporations, unions and the like. Does the Left really want to wage such war on the legitimacy of the United States Supreme Court that even these workaday cases become seen by half the country as fraudulently or illegitimately decided? So that lobbyists, pressure groups and corporate interests feel more emboldened to undermine every negative decision and even mount targeted campaigns against specific Justices as a result of their opinions?

I share some of the American Left’s concerns about America’s direction, particularly the slide toward authoritarianism and protectionism (though I hold the Left equally if not more responsible for these phenomena than the Trumpists, who are largely a symptom, not a cause of America’s malaise). But for the life of me I fail to see how waging an all-out assault on the remaining credibility of the most respected branch of the United States government redounds to the Left’s long-term advantage, results in a more functional country or a more harmonious society. All I see is more bitterness, more mutual distrust and more negative energy fueling the ever-growing vortex of our ongoing culture war.

The Left have every right to be angry with some of the circumstances of Brett Kavanaugh’s nomination to the Supreme Court, and with cynical Republican political behavior prior to that. But they do not have the right to enjoy decades of often-amenable Supreme Court decisions, and then seek to tear down an institution vital to all Americans the moment they believe it may no longer adequately serve their progressive purposes.

In that regard at least, the price of the Left’s present paroxysms of rage may be more than this beleaguered country can bear.

 

Brett Kavanaugh swearing in ceremony Supreme Court - SCOTUS

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MSNBC Goes To Flint, Learns Nothing

Flint Michigan - Chris Hayes - Michael Moore

 

The Establishment Left’s strangely non-diminishing sense of entitlement was on full display in Flint, Michigan

Today, Chris Hayes of MSNBC broadcast a special live town hall from Flint, Michigan, the place made famous by the poisoning of its water supply and the near-criminal incompetence of some of the people responsible for the public’s safety. Left-wing filmmaker Michael Moore has also made the Flint story a personal cause of his, and today both he and Chris Hayes were together, live before a local audience, to talk about national politics viewed through the prism of this beleaguered town.

At one point in the panel discussion, Hayes introduced a number of local people who were non-voters; people who either did not vote at all in the 2016 general election or who voted for down-ballot candidates but refused to cast a vote for either Donald Trump or Hillary Clinton for president.

Almost to a person, these non-voters talked about the fact that despite having been Obama voters in 2008 and 2012, they could not bring themselves to vote in 2016 when the Democrats offered no “inspiring” candidate. One got the sense that many of them may have gladly voted for Bernie Sanders, had the Clinton and Democratic Party machines not unfairly muscled the Vermont senator out of the race, though this was not explicitly stated by anyone during the segment.

For the life of him, Chris Hayes simply could not understand this position. It did not compute. At one point, he told one of the non-voting interviewees that MSNBC viewers were likely “throwing things at their televisions” in reaction to what he was saying. Hayes interrogated each guest as to how they could possibly have abstained from voting for Hillary Clinton when a Republican governor had presided over the poisoning of their town’s water supply. He implied that their desire for an “inspirational” presidential candidate was childish and irrational, and that the obvious choice would have been to swallow any misgivings and vote for the Democratic Party presidential nominee.

This exchange highlighted as clearly as anything else the divide within the American Left – the establishment, coastal Left and the once solid-Democrat heartland left-behinds, if you will. The likes of Chris Hayes (and that mainstream brand of left-wing thinking for which he is a mouthpiece) simply cannot understand why a rational voter would spurn the boring, uninspiring technocrat put forward by the Democrats when the consequence of not voting was the election of Donald Trump. Despite having heard testimony from many people about the long-standing issues and decline facing the town – issues which ate away at the community throughout President Obama’s two terms – Hayes was seemingly unable to understand that another continuity technocrat offering more of the same was the last thing that this community wanted or needed.

Michael Moore cut to the heart of the issue:

Why did people stay home knowing that the result was going to be possibly Donald J. Trump? That’s some serious anger at what the system has done to fail this city.

 

Like most people, I have my issues with Michael Moore. But credit where it is due – Moore was warning about the dangerous complacency of the Democrats and the visceral anger against the status quo in many communities at a time when establishment leftists were rolling out the grand coronation of Hillary Clinton, oblivious of (or unconcerned by) her utter lack of popularity among people who were sufficiently left-wing and non-racist to cast their prior votes for Barack Obama.

Nobody of any significance on the mainstream Left heeded Michael Moore’s warning to take the Donald Trump threat seriously before the election, and the past two years have been their reward. And even now, in the middle of a pilgrimage to a part of middle America which shrugged its shoulders and abandoned the Democratic Party in 2016, still the chief attitude is one of incredulity that people could have been so stupid / naive / selfish / childish / utopian (delete as applicable) as to demand a Democratic candidate in possession of a clear set of guiding principles and an understanding that globalization has been eating away at towns like Flint as surely as is their contaminated water.

Technocracy is not always a bad thing – at a time when regulations and systems of government are infinitely more complex through necessity, experts are needed to administer the system and keep the machinery of state running effectively. However, technocracy is not well-suited to navigating through periods of disruptive change or crisis. What works well when the economy is in steady-state and there are no significant changes afoot in society or industry does not work well when the economy is in difficulty or when huge realignments are taking place on the national and international level.

Conservative scaremongering about her supposed extreme socialism aside, Hillary Clinton was the quintessential technocratic candidate at a time when the people of Michigan and elsewhere needed a candidate who recognized that for them, the status quo was not something to celebrate and build upon; that the structural changes which had delivered nothing but good things for the likes of Chris Hayes and many of us “coastal elites” were not necessarily anything to celebrate in places like Flint.

More than one of the people interviewed on MSNBC who did not vote in the 2016 presidential election have themselves run for public office in the months since. There is no crisis of political engagement or motivation here. There was only a crisis of ignorance and arrogance among a party hierarchy which believed it could impose their preferred candidate and have people like the inhabitants of Flint, Michigan swallow their distaste and offer up their vote.

And after spending a day in Flint in the company of Michael Moore, I am not sure that Chris Hayes, his core audience or anyone within the Democratic Party leadership are any closer to grasping this essential fact.

 

Michael Moore - Chris Hayes - Flint

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The Real Resistance

Protest Sign - Dump Trump Kill Brexit

The good aspects of this populist insurgency need saving from horrified (and increasingly organized) antidemocratic elites – but also from cynical and incompetent populist leaders who are squandering our last best hope of democratic renewal

I have struggled of late to bring myself to write much about politics. The temptation to offer the odd hot take on Twitter can never be fully avoided, but while I usually find myself with enough time to write only one of every five articles which pop into my mind, these past months I have struggled to generate more than a couple of vaguely original ideas or pieces of commentary in the space of a month.

The reason, I have come to realise, is that for all the furious words being written and opinions expressed, nothing much seems to be changing. Despite a political discourse which has rarely been more shrill, with unbridled hysteria on both sides and nearly every aspect of life being sucked into the black, inescapable vortex that is our ongoing culture war, neither side is making definitive progress. As at the Western Front in 1915, both sides have dug into hardened positions in anticipation of a long, drawn-out stalemate. Both sides double down on their dogma and rhetoric, both sides continue to defend or even embrace the worst elements of their own cause because the enemy does likewise with his; both dehumanise one another and suggest that what was once seen as sincere and legitimate political difference is now irrefutable evidence of moral turpitude.

Both sides feel that they are losing an existential fight; both feel under attack and in retreat. On a superficial level, the progressive left (and here I use the term to describe those who broadly hold socially liberal, secular, intersectional, economically redistributive and de facto open borders political views) have more cause to be alarmed – after all, they have to deal with what they see as the “twin disasters” of Donald Trump in the United States and Brexit in the United Kingdom, as well as rising populism throughout Europe and much of the world.

However, as someone who fits into neither the populist or elitist category but perhaps has greater sympathy for the former, I see only danger, risk and oncoming ruin for the populists. My gnawing fear is that an increasingly inept Trump administration which fails to deliver on even his more decent campaign promises and a botched Brexit leading to economic damage and future ongoing “vassal state” status within an unreformed European regulatory ecosystem may come to represent the dismal high water mark of populist achievement. Such has been establishment shock at the political success of the populists, such is their determination to wrest back control and such is their domination of the main levers of influence and power (media, business and culture) that it is those gathered under the banner of unaccountable supranational and technocratic government who now march with a spring in their step, and those who believe in the nation state, democracy and self-determination who find ourselves endlessly on the defensive.

All of which might not be so bad if the temporarily-displaced elites had learned anything meaningful from their electoral rebukes, engaged in some introspection and returned chastened and humble, with a newfound willingness to consult and be guided by the people they lead rather than continuing to implement their own highly Utopian vision of the future with no consultation or consent. But of course there has been no such introspection, and there is precious little humility to be found among those who lost control of the political narrative in 2016.

President Trump is bad, but the people whose self-serving incompetence in government gave us President Trump in the first place are still very much present, unrepentant and with their credibility intact. Brexit negotiations may be lurching toward disaster, but the people whose uninspired leadership and scant regard for democracy helped give us Brexit in the first place soldier on with reputations intact, peddling the myth that everything was fine before the EU referendum came along, and that Brexit can be thwarted with no adverse societal consequences.

If the people who believe they are morally and intellectually better than Donald Trump voters and Brexiteers want to win, they need to do more than stand laughing or indignant at the sidelines as the worst elements of these camps drive their populist train off the rails; they need to actively come up with something more attractive; a unifying, compelling national vision which amounts to something more than just rolling the clock back to the day before the EU referendum or US presidential election. But instead we see little other than smug self-satisfaction and blind hatred of (or contempt for) those who took the populist side, born of the delusion that populist incompetence in government somehow discredits their basic cause, and that political elites can therefore press on with their own discredited and failed agenda without incurring any negative consequences.

But the populists are by no means innocent. It is very easy to strike a trendy rhetorical pose against unloved ideas and institutions, but much harder to grapple with cold hard reality and propose policy changes which respect democratic input while also standing a chance of lasting success in the real world. One of the hardest things in recent months has been witnessing thinkers, writers and organisations I once broadly respected choosing the path of least resistance, playing to their respective galleries and choosing outraged purity over sullying themselves with necessary compromise.

Thus we see this year’s Orwell Prize for journalism awarded to someone who sniffs out and extrapolates wrongdoing in the EU referendum Leave campaign to the delight of her establishment audience, but shows zero curiosity about malfeasance in the Remain campaign (or the relative impact of each). And thus we are subjected to otherwise-compelling contrarians like Brendan O’Neill of Spiked magazine actively harming the cause of Brexit by ignoring all nuance when it comes to the trade and regulatory relationships under discussion, turning the most momentous issue to face Britain in decades into just another facet of the culture war.

It must be easy to write when possessed of great certainty that one is indisputably morally superior and on the “right” side of history (or at least that one’s actions and side will be recorded as being on the right side of history). I often envy the leftist, identity politics-soaked social justice warriors and their enablers within the political class for possessing such fervor. It is much harder to write day after day when one fears that one’s side will ultimately lose, and that one will be remembered as a cranky obstacle to glorious progress at best, and as something akin to a Jim Crow segregationist at worst. Every tweet or blog post them becomes not a small brick in the foundation of some glorious building for which one can claim partial credit, but rather just another nail in the coffin of one’s own future reputation and ultimate legacy.

And right now, I think the chances of defeat for conservatives, traditionalists, democrats and nation state defenders are very high indeed. In Britain, the UK government’s mishandling of Brexit and the atrophy of our self-governance capability may yet vindicate every hysterical warning about the folly of leaving the European Union’s unwanted, antidemocratic political-union-by-stealth. In the United States, President Donald Trump’s impulsive, often proudly ignorant or counterproductive policies and bigoted rhetoric tarnish the valid causes he supports (like greater immigration control) by mere association, rendering them toxic, while the reputations of some truly awful people are laundered thanks to their cynically ostentatious opposition to Trump.

In all of this, the media is firmly planted on one side, unable to report objectively on issues of concern to so-called populists by virtue of having so few reporters and editors drawn from the relevant social and demographic circles. And virtually every element of our culture, from classical and pop music to television and even corporate culture, are marching to the beat of divisive, intersectional identity politics with its avant garde gender theory and disdain for those institutions which are the bedrock of a stable society. In such circumstances it is small comfort to be right when one’s own side stands on the verge of total defeat.

And yet it is not in my nature to bow down before these forces and declare “I, for one, welcome our new antidemocratic, technocratic, authoritarian and coercive SJW overlords”. I don’t welcome them. Even if things go as badly as in my most pessimistic moments I fear they may, I believe it is still important to stand up and argue in the public square, register dissent, bear witness to what is happening and force the progressive side to defend their ideas on logic and merit rather than wallow endlessly in their feelings.

Conservatives and true liberal democrats, people who believe in government of the people and the right to freedom of speech and thought, should be under no illusion at this time – we are losing the decisive battle. A few standout conservative podcasts, YouTubers and bloggers are no match when the other side has a vice-like grip on the entire culture and is snarlingly intolerant of the slightest dissent to the extent that they willingly throw their own leaders and figureheads under the bus for thoughtcrime infractions.

I hope that this defeat can be reversed, but doing so will require millions of people who currently sit at home quietly shaking their heads at what our political elites and culture-makers are doing but otherwise raising no public objection to stand up and be counted – and quite likely incur social or economic cost – which they have not been called upon to do before.

I have just started reading “The Benedict Option“, a book by an American Christian conservative blogger I much admire, Rod Dreher. The book is a warning to Christians (particularly aimed at but by no means limited to traditionalists) that the demands of their faith and those of our culture and “polite society” are drifting decisively and definitively apart, and that the time may soon come when faithful Christians are forced to choose between practising their faith according to their conscience and maintaining their current social and economic standing.

I see a similar fork in the road coming the way of all conservatives and moderates, religious or not – indeed, anyone who is not a staunchly progressive social justice warrior or otherwise happy to accede to that particular worldview. Already we see businesses and charities seeking to adopt progressive positions on social issues as corporate policy, mandating speech and behavior which would force employees and volunteers to violate their own beliefs or else face disciplinary action. Already we see censorious activist mobs seek to dictate where private companies advertise or sell their product. And already, dissenters are paying the price when they stand up and refuse to go along with these coercive demands.

In a few weeks I shall matriculate at law school in Washington, D.C., where I will spend the next three years earning my law degree. Being on an American university campus, it would be infinitely easier – professionally, socially and otherwise – for me to simply delete my blog and Twitter account, and pretend to anyone who asks (and it will certainly come up; already I have had to give notice of my “preferred pronouns”) that I hold the standard suite of progressive leftist political views which are almost de rigeur for students and within the legal profession. But that would be a lie, and I will not do so. Will professing my religious and political beliefs cost me potential friendships and career opportunities? I would be naive if I thought otherwise. Will I find my own free speech threatened or stifled at times? Quite possibly – I have spent three years documenting on this blog what happens to free speech advocates and identity politics heretics on American college campuses, and it is often not pretty. But so be it.

And so even if it brings less joy than it once did, I will keep writing, speaking and standing up for both the expression and validity of traditional, time-proven values and honest political opinions which were considered perfectly mainstream just a few years ago, but which are even now being recast as fundamentally hateful and ignorant by zealots who would reshape the world with their uniquely totalitarian conception of tolerance.

We all have a duty to take a stand, and this is what I shall do, from my own very marginal and unscrutinized place in history. I encourage others to undertake a brief personal inventory and consider whether there is more that you could do at this juncture with your own time, talents and resources. Because right now, we are losing the war. Worse still, some of the gravest long-term threats we face come from the supposed leaders of our cause, and too few of us are willing to admit this painful truth.

Help is not going to come from outside; we go to battle with who and what we have at hand. Unlike the people who melt down over a presidential tweet or democratic referendum, or who cynically downplay their own immense power and privilege to cast themselves as latter-day victims, it is we who are engaged in the real resistance of our time.

The Resistance - Clenched fist protest - US flag

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For A Proud New Immigrant, Independence Day Offers Much To Celebrate

City of McAllen Texas - 90th annual Independence Day celebration - presented by HEB

Some reflections on my first Fourth of July spent as a permanent resident of the United States of America

Today I spent my first Fourth of July, my first Independence Day, as a permanent resident of the United States of America. After receiving my long-awaited US green card I finally came to call America my home when I landed in Los Angeles on 25th May, and since that time have been staying with my wife’s family in the Rio Grande Valley of Texas while I wait for law school to begin in September. So now here I am, a British expat living in America on the day when everyone around me celebrates casting off the yoke of the British Crown.

We live in a time when it is fashionable (among some circles) to imagine that immigrants in general are persecuted and threatened to an unprecedented degree – largely thanks to a deliberate, concerted effort by many politicians and journalists to erase any distinction between legal and illegal immigrants, economic migrants and refugees, otherwise law-abiding illegal aliens and determined criminals. And spurred on by this delusion, many American politicians, particularly those of the Left, are presently burnishing their reputations (or in some cases their presidential aspirations) by claiming to speak for me and others who, like me, were not born in the United States.

From these liberal saviors, I learn that I am presently under attack; that I apparently feel despised, devalued, belittled and threatened, both by the elected head of state, those who support him and indeed anyone who does not support tearing down the entire immigration system and even the concept of national borders itself. All this I must feel deep in my subconscious, because as a mixed-race man who has travelled through some thirteen of these United States (many of them staunchly Republican states in the Midwest) I have known nothing but friendliness and an abiding, sometimes overwhelming hospitality. But clearly the liberal saviors know best, and in reality I live my life in permanent fear of verbal abuse, physical assault or deportation, even though I don’t realise it.

My point is not to relitigate the immigration debate here, or to point out the calculated cynicism of portraying arguably overzealous action against illegal immigrants as some kind of assault on all immigrants or a betrayal of America’s founding values. I write these words simply to put on record that I and millions of my fellow immigrants seek to make our home in the United States (legally or illegally) because we believe this to be a good country and a shining city on a hill, not the newly-opened fascist hellmouth which many decent Americans have been wrongly deceived into viewing their own country.

One thing which conservatives seem to “get” instinctively while those on the Left struggle to understand is that America is and always has been greater than the sum of her contemporary government. We see the same phenomenon in my native Britain, where many on the Left denigrate their homeland endlessly and are confounded that anyone might admire the United Kingdom, simply because they themselves take exception to the present Conservative government, or to the 2016 referendum’s decision to leave the European Union. And here in America I hear from many people, including some of my own left-leaning friends, that they see little good about the United States at present. When attempting to justify this statement, most point to the Trump administration’s perceived treatment of minorities and immigrants. More than one have confessed to me that they feel unable to celebrate their country’s Independence Day as a consequence.

To them and all those who feel similarly, I can only say: not in my name. Do not think less of your country or refuse to celebrate her independence thinking that you are acting in solidarity with me or any other immigrant, legal or illegal. We choose to come to this country believing it to be inherently good, not fundamentally bad. Ignore the buzzword-laden screeds of academics and activists steeped in toxic and divisive identity politics, who never tire of claiming that contemporary America is built on white supremacy and that systemic racism is a feature, not a bug, in this country’s basic source code. They could not be more wrong.

We immigrants understand that America is flawed like every other country, but is also a work in progress toward a noble goal which few other countries even bother to write down and set as a target, let alone strive to achieve – the creation of a country whose government is predicated on the belief that all men are created equal, and free. We immigrants understand that perhaps unique among nations, America is rooted in an idea, not an ethnicity or landmass, and that this idea will persevere and survive a demagogic authoritarian president just as it has survived the suave technocrats and neoconservative nation-builders who came before.

For the record: I opposed Donald Trump during his presidential campaign and have long realised the danger posed by an authoritarian executive branch aided by a supine Republican Congress. These dangers are not to be underestimated, and indeed are the very reason why the Founding Fathers sought to build separation of powers and the checks and balances of strong, rival institutions into the fabric of American government. I am also on record opposing Donald Trump’s often racism-tinged rhetoric, his grievous temperamental flaws and the harsh manner of his administration’s crackdown on illegal immigration and asylum processing. I have frequently written that at a time when advanced Western countries must adapt to the future, a leader who explicitly promises to make America great *again* and roll the clock back economically is a huge step in the wrong direction. Indeed, there are few people I would want to see in the Oval Office less than Donald J. Trump.

And yet here I am, a newly-minted green card holder and immigrant to the United States, because I know that this country is far bigger than the shrinking moral and intellectual footprint of the American presidency. I mourned Donald Trump’s election victory and fear for some of the near-term consequences of electing such a man as leader, but not for a second did I question my desire to emigrate and leave Britain, my beloved home, for the United States.

Shortly after having left London back in March, I wrote a piece attempting to explain why this is the case:

America may not be the country it once was in terms of the richness and profundity of its civic life (though this is not to dismiss the great and necessary advances in civil rights and equality) since many of its greatest thinkers left the stage, but it is a darn sight healthier than contemporary Britain.

Interventionism versus non-interventionism? That debate burns more brightly in America because it is the United States which must do the bulk of intervening in an age of parsimonious European retrenchment. Healthcare reform? The American system may exist primarily to make Britain’s NHS look good by comparison, but at least radical healthcare reform is possible in the United States, unlike Britain where NHS worship is a mandatory religion for those in power. Education? The federal system and greater role for local government in America means that far more experimentation with new policies and technologies can take place than in Britain, where “postcode lotteries” are feared and policy competition is severely limited. The benefits and costs of laissez-faire social liberalism? Nearly all of the most thoughtful writing can be found in American journals, not the incestuous British publications.

And in conclusion:

I will never stop following or writing about British politics, and this blog continues. Britain is my homeland, a place towards which I will always retain a deep attachment and where I will undoubtedly spend some future years raising a family – and indeed, one of the unique selling points of this blog – I hope – is my ability to provide a familiar Brit’s perspective on American politics and a (nearly) American perspective on British politics, which would make unplugging from the debate quite counterproductive to my work.

But since Britain has repeatedly shown itself to be disinterested in domestic or global leadership of any kind, my focus will naturally gravitate more toward the politics of my new adopted home, a country which despite its many dysfunctions still retains that optimism and self-belief that matters debated and decisions made in America can shape the world for the better.

Coming from another economically advanced country, it was not the prospect of a higher standard of living which led me to America – it was the kaleidoscopic culture, the endless variety, the sheer vastness of geography and opportunity, the freedom and (as someone interested in public policy) the fact that ideas and policies debated in America still matter and have the potential to shape the world for the better. How much more of an incentive is it then to come from a poorer country, where in addition to gaining the civil liberties and rights guaranteed under the Constitution one also stands to become immeasurably wealthier? And we immigrants are supposed to lose sight of these blessings and require additional support and encouragement because of an intemperate tweet or malicious statement from the temporary custodian of one of the three branches of American government?

I remember the interview for my green card at the US embassy in London like it was yesterday. Overprepared and unreasonably nervous, carrying far more supporting documentation and evidence than the already-onerous consular list required, I arrived early and sat on a park bench with my rosary in hand, under the statue of President Eisenhower, waiting to be admitted to the stentorious Eero Saarinen-designed embassy building (now replaced with a nondescript glass cube south of the River Thames). After a short wait I was called to hand in my documents, have my fingerprints taken and pay the remaining (significant) fees which legal immigrants are required to pay, and then waited again for the interview itself. The interview took place at a counter window much like a bank, and was over within five minutes and the answering of a few basic questions. I seem to remember asking the consular officer more than once to confirm that my application had been approved after he told me that I was “good to go”, so elated was I to be in possession of the immigrant visa I have wanted for well over half my life.

Of course, going through the process also made me very aware that it is not so easy or straightforward for everyone who wants to come to the United States. I applied for and received my green card through marriage to a US citizen; others without existing family ties, capital to invest or lucrative high-skilled jobs lined up often find it much harder, even impossible, to immigrate legally. I have sympathy for many of those who come to the United States illegally or overstay their time-limited visas, and can certainly envision myself in a similar position were my own circumstances different. Furthermore, some people now in the United States illegally live lives of otherwise-model citizenship which put many natural-born Americans and legal immigrants to shame.

That being said, the rule of law must be defended if it is to have meaning and authority, and a nation without borders is no nation at all. Uncontrolled flows of human migration can be economically disruptive and culturally destabilising, and it is in no way extremist to point out that not everybody who wants to emigrate to America can be allowed to do so. I would love to see sensible immigration form enacted, with protected status given to the many millions presently here illegally (all of whom cannot be deported without enormous economic damage and social unrest) in exchange for serious improvements in border security and enforcement, and a genuine effort to have a democratically responsive immigration policy reflective of the balance of public opinion. I abhor the ideologues on both sides, the open borders fanatics who seem to be taking over the Democratic Party and the unrealistic zero-tolerance hardline conservatives who scupper any effort at compromise.

To those who see the election of Donald Trump as some kind of negative turning point in America’s attitude toward immigration or immigrants, I would counsel that this belief stems largely from the arrogance of having assumed that there was a prior consensus when in reality there were a multitude of voices and opinions, ranging from genuine racists and xenophobes at one extreme through those opposed to uncontrolled mass immigration or those who simply believe that the rule of law and national borders ought to mean something in the reasonable center. One can perhaps argue that it is a shame that these more cautious or negative voices are now being heard and getting a hearing from the White House, but they are not new and they did not begin with Donald Trump. Opposition to illegal immigration is rooted in the successive failure of politicians to reform a broken immigration system – Donald Trump’s demagoguery on the subject is little more than the political cowardice and lack of ambition of past administrations personified.

Here in McAllen, Texas there are lessons to be learned for Trump supporters and devout open borders leftists alike. Here is a thriving town and region strongly shaped by immigration from Mexico and central Americas, which frequently displays the full richness of that cultural inheritance, but which at the same time remains resolutely and unashamedly American. Here you may well hear Mariachi music at Sunday Mass or read bilingual or Spanish language advertisements in the newspaper, hear Tejano music on the local radio or see clothes stores selling Quinceañera dresses, but the same people who consume these services also recite the Pledge of Allegiance at school, stand for the national anthem at sports games, serve in the US military or local police force and gather with family and friends to barbecue, watch fireworks and celebrate their country’s Independence Day.

In this town I have heard white girls singing along to Selena, watched people of all ethnicities gorge themselves on some of the best Tex-Mex and Mexican food to be had, and witnessed an elderly Hispanic veteran point to Donald Trump’s autobiography in the bargain bin at Sam’s Club and tell me with fervor in his voice that “this man is going to save America”. People do not fit into the neat, pure little categories created by the partisan extremists fuelling our ongoing, self-destructive culture war. America contains multitudes, and so do individual Americans.

These are not contradictions for most people here. The cognitive dissonance only exists for Trumpian hardliners who struggle to accept any Hispanic influence or cultural accommodation on the one hand, and open borders extremists who tend to hate the very idea of the nation state (or at least the United States) and who think that assimilation into the host culture is some kind of betrayal or prima facie evidence of white supremacist oppression. And on and on these two sides go, the ugly extremes dominating our politics and cultural discourse, while the broad mass of ordinary Americans simply want to get on with their lives.

I have spent this Fourth of July celebrating the independence of the country I now call home, and I have done so in a border town which is happy, prosperous and (from everything my inquisitive eye has observed) largely at ease with itself. Some 84 percent of McAllen’s residents have Hispanic or Latino heritage. Many on the progressive Left assume that all such people presently feel under siege with their American-ness called into question (or at least believe that such people should feel this way based on their own reaction to the Trump presidency), while some on the Trumpian Right would perhaps rather these people not be here at all. Yet here they are, getting on with their lives, attending the Fourth of July Parade and watching the municipal firework display. Here we all are, all of us legal immigrants, happy and grateful to be in this wonderful country, and in zero need of liberal saviors from the Democratic Party or anywhere else.

Many of us would rather that Donald Trump were not president, just as many natural-born Americans would doubtless also prefer. But none of the things which attracted us immigrants to this great land died when Donald Trump took the presidential oath of office, and with diligence and appropriately deployed Constitutional checks on executive power, all of those wonderful blessings will remain when President Trump’s successor eventually takes over.

If anywhere ought logically to be riven asunder by the Trump presidency, it would be border towns like McAllen, Texas. Yet it is not so – the town continues to prosper and people remain civil toward one another, as you would expect from well-raised Texans. The lesson I have learned from the past seven weeks living here is that we are nowhere near as divided as politicians and the agenda-driven media, with their cynical motivations, would have us believe. Partisan differences may be everything to politicians, television journalists and cable news talking heads, but they do not form an impermeable wall of cultural separation among the people in this town.

Yes, there is a culture war in progress with significant social stakes for both sides. Yes, Trump’s proposed border wall is incredibly unpopular here, and Texan Senator Ted Cruz was (with some justification) made to feel quite unpopular when he stopped in town for a rare campaign visit last Fourth of July. But if it was his goal, Donald Trump has not yet succeeded in bringing about a dystopian future where brown-skinned, Latino heritage or immigrant people feel generally unwelcome or less American. The divisive efforts of the Alt-Right and the Identity Politics Left, while dominating our cultural discourse, have not succeeded in driving people apart in communities like McAllen, Texas.

And this I find to be incredibly heartening. Today I witnessed a crowd of people which appeared to be majority Hispanic or Latino happily and proudly taking part in the town’s Fourth of July parade, celebrating their country as though it were the most natural and unremarkable thing in the world – which of course it is. I waited in line at the grocery store in front of a family who had immigrated from India and were buying patriotic cakes decorated with red, white and blue frosting. And my American family didn’t kick me out when I cheekily played “God Save the Queen” and King George III’s song “You’ll Be Back” (from the musical “Hamilton”) on my iPhone at our barbecue.

Lord knows that America has its flaws – every country does, most of them far graver than the problems which exist here. But while Donald Trump’s presidency is a justifiable concern for many people, America has not suddenly become newly hostile to immigrants. This country was built by immigrants, and many first and recent-generation immigrants number among its most engaged citizens and loyal defenders.

From Washington state and California through Colorado, Kansas, Arkansas, Oklahoma and Missouri to Illinois, Ohio and New York, I have seen the soul of the country I now call home, and here in Texas I have been carefully taking America’s pulse these past weeks. And I simply do not find the unwelcoming dystopian nightmare that many on the Left insist now prevails.

And so today I give heartfelt thanks for the United States of America and celebrate her independence, even if some pessimistic, misguided people who had the great fortune to be born and grow up with the great blessing of American citizenship sadly feel unable to join me.

 

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Donald Trump, Unwitting Champion Of Open Borders

President Trump is the single biggest threat to moderate conservative immigration reforms

As I sojourn with my wife’s family in McAllen, Texas before heading to law school in the autumn, I unwittingly find myself in the epicentre of the biggest political and social crisis to afflict the United States this year, with the federal government effectively enforcing a revised policy of separating illegal immigrant or asylum-seeking parents from their children when apprehended crossing the border, and then losing those children in an inept bureaucratic handoff between government agencies, including cases where the parents are later deported while their children remain in US detention.

I find myself witnessing this situation as a new immigrant to the United States, one who applied for a green card through marriage and entered the country in the proper lawful way after considerable time, expense and stress; I do so as a conservative who favours greater democratic control over the levels of immigration (though my personal preference is not automatically for lower levels of immigration to the United States, just for politicians to better consider popular opinion and uphold the rule of law); and I do so as someone increasingly convinced that President Donald Trump is the single worst thing possible to happen to conservative efforts for reasonable immigration reform and stricter future border enforcement.

At this point we are used to witnessing statements and events which would spell the end for any other presidency or administration, and seeing those outrages and scandals swiftly disappear into the rear view mirror as Donald Trump drives on unscathed. At this point, nobody seriously thinks that this latest drama will be the straw that broke the camel’s back, the issue where Trump finally crosses the event horizon of political survivability. But it may well be the moment when conservatism totally loses control over the immigration narrative, when the media’s cynical conflation of all types of legal and illegal migration reaches its manipulative zenith, and when the Open Borders Left are handed the propaganda coup they need to grow in strength and influence.

This is one of those issues where conservative hair-splitting about unfair media coverage and lost nuance relating to the Trump administration’s behaviour will achieve precisely nothing – and rightly so. The fact that children (albeit not children forcibly separated from their parents) languished in holding pens during the Obama administration does not excuse or justify an extension of this kind of detention under Trump. Wailing that it is the duty of Congress to fix the issue (as many Trump apologists are currently doing) is particularly hypocritical, since Republicans control both the House and Senate and could act immediately on their own, and a supercharged executive office willing to issue far-reaching executive orders on almost any issue could dictate new instructions for the processing through the Department of Homeland Security in even less time.

Ignore the appalling public relations consequences of this policy for a moment – it is wrong on a basic level for asylum-seekers to be denied access to legitimate ports of entry in order to tacitly encourage them to make illegal crossings, thus triggering family separations, as is apparently happening. No matter how dubious some of these asylum claims may be, effectively closing the US southern border to all legal asylum claims before they can even be lodged is a grave abdication of any nation state’s moral responsibility. By all means detain families pending vetting and apply strict scrutiny to their claims. By all means find many of those claims without merit and initiate deportation proceedings where necessary. But the United States has a moral responsibility to at least consider those claims, and a country as rich as America ought to be able to easily build facilities for family detention before applying a draconian new interpretation of existing laws and regulations which would inevitably see greater strain placed on threadbare facilities and processes.

The American television news media was camped out in force in McAllen, Texas last night. Driving around, I saw MSNBC broadcasting live from outside the Ursula CBP processing center, in addition to a number of Spanish-language news services, while CNN were camped out in neighbouring Brownsville. These are media organisations which at the best of times actively sought to blur the line between legal and illegal immigration, going so far as to employ the euphemistic term “undocumented” to minimise the lawbreaking aspect of illegal immigration. These are the organisations which deliberately conflate all types of immigration and suggest with very little subtlety that legitimate concern about uncontrolled illegal immigration is the same as opposition to “immigrants” in general. And the actions of the Trump administration only vindicate the already ideologically-skewed position taken by the mainstream press.

The eyes of the US media, and increasingly the world, are focused on the Rio Grande Valley region of Texas because of an entirely self-inflicted crisis – both a political crisis for the Trump administration and a setback for advocates of stronger immigration control in general, but more importantly an humanitarian crisis affecting innocent children and increasingly the reputation of the United States.

When this immediate crisis is behind us – and Trump will end up caving, no matter how he spins it – those on the Open Borders Left will use this incident to tarnish anyone and everyone who advocates for conservative immigration reform and stronger enforcement. This will now be a millstone around the necks of anybody who dares to claim – against already-strong ideological headwinds – that our society cannot function if any degree of need serves as a valid ticket for illegally crossing national borders.

Maybe I’m wrong. Maybe, as with the 2016 presidential election, the mainstream media are acting as such an echo-chamber on this issue that they have convinced each other (and me) that a majority of Americans are outraged by what they are now witnessing on television when in fact an electorally-viable plurality are perfectly fine with separating asylum-seeking parents and children in order to act as future deterrent. Perhaps. But my guess is that this inept, badly executed and deliberately callous policy execution goes too far, even for many people who support President Trump or are otherwise willing to give him the benefit of the doubt.

I see no upside here whatsoever. Certainly no moral upside – and it is the children, current and future, who should be our top priority in this mater – but no political upside, either. This is yet another one of those issues where hugging Donald Trump too close will burn conservatives to a degree they do not yet fully appreciate, even now. People are already talking about the administration’s pig-headed implementation of the family separation policy and subsequent tongue-tied response as being the “Hurricane Katrina” of the Trump presidency, the event from which an already-beleaguered administration never truly recovered. And Trump goes into this scandal with far less institutional goodwill than George W. Bush enjoyed in 2005.

So to my mind, we are faced with an appalling choice: either Donald Trump prevails with his policy and the mean-spirited attitude which bred it, in which case America truly has taken a sharp turn toward selfishness and authoritarianism, or he has overreached in a way which will quite possibly fatally tarnish by association the reasonable conservative argument for stricter border security and enforcement.

If, within the next decade or so, we see a de facto open borders position prevail in the United States, with even more overt encouragement of illegal immigration and even fewer efforts to prevent it or enforce the rule of law, then we may well look back upon this moment, this policy, this incompetent administration as the final catalyst.

It would be deeply ironic – but no longer beyond the realm of possibility – if Donald Trump ends up being the president who does more than anyone else to make open borders a reality in our time.

 

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