political theory


Judy Ackerman Protesting at Rio Bosque

EL PASO – A 55-year-old Army veteran hunkered down in front of construction crews who were building the fence along the U.S.-Mexico border Wednesday, halting work for about eight hours before she was arrested.

Judy Ackerman, one of about a dozen people at a peaceful protest east of El Paso on Wednesday, was handcuffed by Texas Department of Public Safety troopers after several hours of figuring out which authority was responsible for removing her. It wasn’t clear what charges she’d face.

Work on the fence resumed immediately after Ms. Ackerman was led away. Before her arrest, the white-haired woman sporting a reflective vest and hard hat cheerfully chatted with authorities. About 20 workers were milling around the site, leaning against heavy equipment and dump trucks and taking pictures of her with their cellphones.

“They have a job to do, but today their job is to take a break,” said Ms. Ackerman, a retired sergeant major who spent 26 years in the Army.

She crossed a canal before workers arrived and took up a position on a levee where large steel poles were being erected. The levee is in a desolate area several miles east of downtown El Paso, near the 370-acre Rio Bosque Wetlands Park.

“They have this wonderful park here, and the wall is messing it up,” Ms. Ackerman said.

She was on land maintained by the International Boundary and Water Commission. Al Riera, the principal engineer for the commission, said officials were notified about her presence early Wednesday and spent several hours trying to figure out what agency should remove her.

The Associated Press

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Follow the link below to hear NYU Law Professor Cristina Rodriguez’ lecture at Yale Law School entitled Burden Sharing in an Age of Migration.
Graphiti Art in Bethlehem

Graphiti Art in Bethlehem

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Today, I gave this speech to the Brownsville City Council Meeting during the public comment portion.  The Brownsville Herald ran an article on Sunday that said that the Mayor was betrayed by the City Council who went behind closed doors to allow the Army Corps of Engineers onto city land to survey for the wall.  It is in response to that that I wrote this speech-on the back, and in the margins of the agenda.   

Yesterday, Princeton University recognized five of my 8th grade students for essays they wrote on the topic “What would Martin Luther King say and do about immigration?”  Princeton opened this year’s essay contest to my students because they used my blog, nonviolent migration, as a resource for their contest.  These five students, Melissa Guerra, Yessenia Martinez, Abigail Cabrera, Vanessa Trevino, and Blanca Gonzalez were the only five students who had the faith to submit an essay and all were recognized by Princeton. 

I asked the rest of my 121 students to speak honestly about why they had decided not to write for the contest.  The overwhelming number of students responded that it wasn’t worth trying because they felt that because Princeton is in the North, they would prejudge their work since they live on the border.  This experience reminded me once again just how excluded these children feel.   Even though this wall will be South of most of my students, my students are smart enough to know that the same motive behind this wall is also shouting at them, saying, “You are not us; keep out!” 

These students, who started with such enthusiasm when the contest was announced, lost hope and they let their fears overcome their faith.  This broke my heart because I love my students, but your capitulation is something other than heartbreaking because you are no longer 8th graders.  We expect you to hold out hope.  We expect you to keep the faith.  We expect you to work for us, and let us fight this fight. 

At this time, we want to express our love… and forgiveness… to all the members of the commission.  However, as a result of your action, we must now find a legal way to undo what you’ve done so that my 8th graders don’t come to learn that you prejudged them too. 

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Here is another excellent video discussion by Ron Whitlock at Valley Newsline.

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Siding with justice if not the law

GERALD E. SHENK

In today’s parlance, Douglass, a runaway slave, was an “illegal immigrant” into the free states. Under Maryland law in the 1840s, Douglass was the private property of Thomas Auld. Not only was it illegal for him to run away, it was illegal for others to assist him.

Article IV, Section 2, of the U.S. Constitution required the authorities of any state to which Douglass traveled to arrest and return him to his owner, whether or not slavery was legal in that state.

By the 1850s, federal law required citizens of every state to assist in the capture and return of slaves. Thousands of average citizens knowingly faced arrest and imprisonment for violating this law. Some died for their refusal.

Today, every argument against “illegal immigrants” has its analog in the defense of slavery. Runaway, or freed, slaves created unfair competition for jobs; they were, by definition, criminals; they threatened social and cultural cohesion.

The only argument they and their allies had was justice.

The full article can be found here.

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From this week’s reading assignment, I have just two points and a question. First, I will reexamine how King determines what makes disobedience civil. Then I will make an argument about segregation and tokenism as it regards immigration. The question I’ll leave you with is about whether we are in a time of sowing or reaping.

In contrasting the differences between civil- and uncivil-disobedience, Dr. King says:

“In disobeying such unjust laws, the students do so peacefully, openly and nonviolently. Most important, they willingly accept the penalty, whatever it is, for in this way the public comes to reexamine the law in question and will thus decide whether it uplifts or degrades man.

“This distinguishes their position on civil disobedience from the “uncivil disobedience” of the segregationist. In the face of laws they consider unjust, the racists seek to defy, evade and circumvent the law, and they are unwilling to accept the penalty. The end result of their defiance is anarchy and disrespect for the law. The students, on the other hand, believe that he who openly disobeys a law, a law conscience tells him is unjust, and then willingly accepts the penalty, gives evidence thereby that he so respects the law that he belongs in jail until it is changed. Their appeal is to the conscience.”

King lists the qualities of civil disobedience as: peaceful, open, nonviolent, and accepting of penalty. King lists the qualities of uncivil disobedience as: defiant, evasive, and circumventing of the law; and unaccepting of penalty. King lists the outcomes of civil disobedience as: public reexamination of the law, and increased respect for law. King lists the outcome of uncivil disobedience as: anarchy, and disrespect for law.

 

King’s lifelong fight was against a system that prevented all people from freely associating with those of a different race in all aspects of life. In the United States of America from (roughly) 1896 to 1965, that system was called segregation. In South Africa until the mid 1990s, that same system was called apartheid. In the United States of America, that exact system is called restricted immigration. I cannot freely associate with those who I choose to if the government tells them they do not have a legal right to be here. I think we should come up with a name for restricted migration that makes this reality clear. Perhaps the term “national segregation” could work. I’m not sure, what do you think?

 

Understanding restricted immigration as segregation makes clear that a system which gives a few people permission to enter the United States, while denying hundreds of thousands of others, is a system of tokenism. Tokenism is also giving amnesty to the undocumented immigrants currently living in the country while blocking the way for others. Ours, instead, “is total commitment to [the] goal of equality and dignity,” and not just for those currently here. This is why Reagan’s amnesty plan failed.

Abraham Lincoln and the Reconstruction Congress well understood this principle. Tokenism for them would have been emancipating a generation of slaves while maintaining the institutions of slavery and the slave trade. Our situation is no difference. We are not fighting for the Mexican; we are fighting for the Chinese, the Japanese, the Indian, the Irish, the Italian, the Mexican, and whatever ethnic group will come next. To paraphrase Dr. King, God is not interested in the freedom of movement of black men and brown men, but in the freedom of movement of all men. Our goal must be unrestricted migration, not just because it is necessary for democracy, but because it is morally compelling.

 

My question comes from this line. “The current breakthroughs have come about partly as a result of the patient legal, civil and social ground clearing of the previous decades.” While there has been social ground-clearing, there hasn’t been any legal ground clearing (not for 125 years at least). My questions are these. Would civil disobedience be premature right now? Does the legal have to preceed the social? Dr. King’s movement came after the major legal battle to end segregation (Brown v. Board). Is something similar required before civil disobedience will be effective and useful, especially given that disobedient immigrants are not jailed, they are deported? Civil disobedience is designed to change unjust laws. Dr. King used it to change unjust local laws that were out of compliance with newly implemented federal standards. Immigration law is an unjust federal law. Do we need to advance international law before we use civil disobedience to challenge the more local, federal laws?

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At the end of perhaps the greatest sermon in history, Jesus of Nazareth said,

Therefore whosoever heareth these sayings of mine, and doeth them, I will liken him unto a wise man, which built his house upon a rock: And the rain descended, and the floods came, and the winds blew, and beat upon that house; and it fell not: for it was founded upon a rock. And every one that heareth these sayings of mine, and doeth them not, shall be likened unto a foolish man, which built his house upon the sand: And the rain descended, and the floods came, and the winds blew, and beat upon that house; and it fell: and great was the fall of it.

The difference, Jesus says, is in the doing. 2000 years later, Dr. Martin Luther King Jr. said,

America has been something of a divided personality, tragically divided against herself. On the one hand we have proudly professed the great principles of democracy, but on the other hand we have sadly practiced the very opposite of these principles.

Dr. King pointed out that we have a problem with the doing. Notice, too, that he didn’t say we had a problem practicing equality; he said we had a problem practicing democracy.

The word democracy is Greek and means ‘rule by the people.’ According to the Oxford Concise Dictionary of Politics, the first question of democracy is “who are to count as ‘the people?’” That question is at the heart of the most fundamental problem of U.S. history. It also brings us back to the problem of actually doing what it is that we say we believe. It gets back to Dr. King’s question of whether we will do what we say we will do.

Thomas Jefferson justified our disloyalty to, and war with, England with these words:

We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.

Dr. King pointed out that the Declaration of Independence “doesn’t say ‘some men,’ it says ‘all men.’ It doesn’t say ‘all white men,’ it says ‘all men.’”

It has always been amazing to me that throughout the struggle for abolition/emancipation in the 1860s, and 100 years later during the civil rights movement, African Americans did not make arguments that the language of the founding was too narrow or too exclusive. Rather, they often quoted that language because they recognized that it wasn’t the language that was insufficient. It is not the language which fails us; it is our inability to believe in, and act upon, the claims made in that language. In other words, our failure as a nation isn’t that we need a new mandate, it is that we have not lived up to the mandate we started with.

This is very poignant to me because Jefferson himself had neither the capacity nor the courage to believe his own words. He relied on the institution of slavery personally and although other duties kept him from the Constitutional Convention, there is little doubt that he would have been willing to ignore his own Declaration of human equality—and dehumanize African American enslaved persons to the legal status of three-fifths of a person, and devoid of human rights—in order to form a union between the thirteen colonies.

This reminds me of Jesus and Caiaphas, the high priest. In the Gospel According to Saint John, Caiaphas and his council said,

If we let him thus alone, all men will believe on him: and the Romans shall come and take away both our place and nation. And one of them, named Caiaphas, being the high priest that same year, said unto them, Ye know nothing at all, Nor consider that it is expedient for us, that one man should die for the people, and that the whole nation perish not. And this spake he not of himself: but being high priest that year, he prophesied that Jesus should die for that nation; And not for that nation only, but that also he should gather together in one the children of God that were scattered abroad.

In this passage, Caiaphas does not mean to be prophesying about the atoning sacrifice of Jesus Christ, but rather of the expedience of killing this popular and dangerous man in order to keep peace.

When I think of Jefferson and the Declaration of Independence, I have to relate it to Caiaphas. Dr. King, like St. John, was able to see the wisdom in the words of people who didn’t have a full understanding of what they themselves were saying.

It is with that perspective that I relate Jefferson and King to immigration. When are we, as a nation, actually going to believe that all humans are equal? When will accept that “there are no gradations in the image of God,” and that “all men are equal in intrinsic worth.”? When will we see that creating the classification illegal immigrant “substitutes an ‘I-It’ relationship for the ‘I-Thou’ relationship and relegates persons to the status of things.”? This isn’t only evident when people use the adjective “illegal” as a noun (thus stripping the humanity of the individual away, leaving only the legal status). It is seen when we—a country who claims that rights are not given to citizens because of their relationship with the state, but rather to persons because of human kind’s relationship with our Creator—acknowledge the rights of some, but not of others. This is the epitome of dehumanization. My personal humanity refuses to allow me to treat my fellow humans as a function of their legal status simply because “this nation” has yet to “rise up and live out the true meaning of its creed: ‘We hold these truths to be self-evident: that all men are created equal.’”

It is this basic belief, this basic sense of justice and fairness, this basic sense of humanity–and our distance from those ideas–that forces me to entertain the ideas of civil disobedience. If this is not a law that morality requires me to break (aiding a so-called illegal immigrant), there never was such a thing.

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**late posting for last Sunday Sept. 16, 2007**

 

Foreign policy by the US government has built countries such as Germany and Japan after World War II while at the same time destroyed other countries such as Cuba, Mexico, Philippines, and Indonesia since the “Cold War”. Countries that were destroyed had their government severely disrupted or replaced and its citizenry were forced to survive on either imposed sanctions or military invasion. Faced with such horrible circumstances many people were forced to migrate and some have come to the very oppressor’s homeland. Those citizens have been innocently attacked in their home country and again in the oppressor’s homeland.

 

This essay will argue how the US governments immigration laws are unjust using the teachings from Martin Luther King’s Jr. “Love, Law & Civil Disobedience”. It will examine the relationship between the Mexican immigrants and the United States government as a sample of the overall global immigration movement that continuously occurs to this very day. And finally will develop a praxis on the overall ideas argued.

 

Martin Luther King’s Jr. “Love, Law & Civil Disobedience” discusses just/unjust laws, suffering, love, and peace which form the principles of nonviolence civil disobedience. The civil rights movement utilized King’s teachings to overturn the injustices facing the community of African-Americans. Indeed King mentions all struggle between exploited and oppressors can be waged with either violence, apathy or nonviolence. He emphasizes that nonviolence is the most appropriate means to the ends of freedom, justice, and liberation since “immoral destructive means cannot bring about moral & constructive ends”. He cites various examples of success but one great example was the struggle of the Abolitionists against the US government slave laws; they consistently used civil disobedience to successfully end the unjust and blatant inhumane laws.

 

Using King’s interpretation of unjust laws, it is immediately apparent that the US government laws are once again problematic. As before with the slave and racial segregation laws the US government immigration laws were passed in exclusion of the inflicted minority. King describes such laws as unjust since the “minority had no right to vote…so that the legislative bodies that made these laws were not democratically elected”. Whenever a law is enacted without a true democratic process, that is the inclusion of those who will be affected, is a cause for questioning the law’s morality and, ultimately, its justice.

 

King understood that suffering can bring about social change and can occur by either enacting violence unto others or by taking unearned violence. He also described love to be “understanding, creative, redemptive, goodwill to all…” and “…which seeks nothing in return”. And how two types of peace commonly share an absence of tension but one is defined as negative since it is with unjust laws while the other define as positive is with just laws and love.

 

The immigrants coming from various parts of the globe are similar to the African-American who lived in Mississippi, Georgia, and Alabama prior to and during the civil rights movement. Both groups suffered severe and unwarranted economic racism and institutionalized segregation. Both have been excluded from participating in any form of dialog or democratic process concerning those very same laws that were inflicted upon them. And both have been victimized by the same oppressor, namely the United States government. The differences are geographic and citizenship. The African-Americans during that time period, some would argue that it still goes on now, have been singled out as second-class citizens in their own country through unjust domestic laws that have caused violent suffering and impoverishment. Whereas undocumented immigrants have been classified as “Aliens”, now possible “Terrorists”, through unjust foreign policy laws that have caused violent suffering and impoverishment in their home country.

The current relationship between the Mexican undocumented immigrants and the US government as describe by the North American Free Trade Agreement (NAFTA) illustrates the extent of the US government foreign policy on the undocumented immigrants home countries. NAFTA has brought new exploitative wage jobs and has flooded Mexico with extremely cheap US government subsidized corn that have priced local farmers out of the market.1 These laws have brought about a combination of negative peace, great unearned suffering to the citizens of Mexico, and migration with complete disregard of the political/economic barriers that is almost entirely based on love for their families.

 

Whether conscious or not the citizens of Mexico who have come undocumented into the US are engaged in civil disobedience. Indeed every citizen who immigrates illegally to the US from a foreign country that has been inflicted unjustly by US foreign policy is practicing what can be called the New World Order’s Civil Disobedience. They are all engaged in the struggle of our time between enslavement by unjust law and true freedom. This new wave of “NWO Civil Disobedience” must now also be undertaken by the citizens of the US who are aware of the overall injustice that these global immigrants face. Doing so will immediately stop the cooperation with evil foreign policy that is now further deepening the cesspool of hate, war, and eventual hell on earth.

1: Dolores Huerta; http://www.msmagazine.com/spring2007/backtalk.asp

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Characteristics of Just and Unjust Laws

About halfway through this speech, Dr. King states that an unjust law, which we have a moral duty to disobey, “is a code that the majority inflicts on the minority that is not binding on itself.” MLK describes this as “difference made legal.” Let us take this idea and apply it to the situation of the paperless people in this country. Doing so will help us understand exactly what it is we should be working for.

Is the illegality of undocumented people a result of a code that the majority inflicts upon them that is not binding on itself? Yes. In essence the majority says, “You have to get permission to be in this country; I don’t. I can reside and work and exercise politically as a matter of natural right; you can’t.” I believe Dr. King would say that this legal distinction, based upon the “immutable characteristic, arbitrary from a moral point of view,” (Rawls words), constitutes a prime example of an unjust law. Just as under Jim Crow law, some were legally discriminated against by others because of the difference in the color of skin between the two groups, the whole idea of an “illegal immigrant” is one based on the idea of legal discrimination based on the difference in the place of birth between the two groups. So I think our goal should be to abolish the semi-slave status of “illegal immigrant” by recognizing that all people have equal claim to live where they want.

King goes on to say “An unjust law is a code which the majority inflicts upon the minority, which that minority had no part in enacting or creating, because that minority had no right to vote in many instances, to that the legislative bodies that made these laws were not democratically elected.” Because democracy is a system of government that derives its legitimacy from the consent of the governed, the Constitution doesn’t limit voting rights only to citizens. In fact, there is basically no Constitutional distinction between the rights of citizens and non-citizens. It could be argued (though I will leave it for another day) that because those excluded by immigration laws were denied the right to vote as to what the immigration laws would be, these laws are unjust and non-democratic. Given MLK’s standards for just and unjust laws, the goal we should have for this movement is to actualize the right of free migration.<!–[if !supportFootnotes]–>[1]<!–[endif]–>

 

Nonviolence

Having identified immigration restrictions based on place of birth as unjust, Dr. King, I believe, would advocate our challenging this unjust system of segregation. But, “the means must be as pure as the end.” Dr. King talked about three competing approaches to social change. The first approach is resignation. Almost all people use this method to deal with injustice. They learn to adjust to injustice. The second approach, to “[rise] up against the oppressor with corroding hatred and physical violence,” is advocated by some today. As those who want to use nonviolence to bring about a free and equal society, we must not associate ourselves with either of these two methods. Just as Dr. King rejected the methods of Malcolm X, we must be very selective about how we will approach immigration reform. This is important because nonviolence is based in part on the idea that “the end is preexistent in the means.” Thus violence cannot (not just should not, but cannot) create a positive change. This is also true of “internal violence of spirit,” of hatred, and dehumanization. When we vilify those who oppose us or who debase and dehumanize undocumented people, we dehumanize them. We can never see them as our enemy, but as our future ally. We must realize that Jim Gilchrist, Lou Dobbs, and Tom Tancredo are children of God with infinite worth. “The image of God is never totally done,” and “even the worst segregationist can become an integrationist,” are powerful concepts. The civil rights movement sought not to advance the interests of one group over another, but knew that because their cause was just, it would benefit all people, even those who opposed them. This will require that we nurture and develop our capacity to love all humankind. Even more important than our unwillingness to tolerate an unjust system is our unwillingness to let that system cause us to hate. We must never call another human “enemy.”

 

Not Simply Disobedience; Civil Disobedience

It is interesting to read how strongly King supports the idea of civil disobedience. He does not advocate defying law. He even says “I submit that the individual who disobeys the law, whose conscience tells him it is unjust and who is willing to accept the penalty by staying in jail until that law is altered, is expressing at the moment the very highest respect for law.” Disobeying a specific law because of its immorality, but submitting to the general rule of law shows a very high level of respect for law. It is within that context of respect for the general rule of law, but recognition that some laws are unjust, that I encourage civil disobedience. We must break unjust laws openly and publicly, submit to the authorities, and trust that good people will not tolerate a system that allows good people to sit in jail because they refuse to “adjust to injustice.”

This means that we will be disruptive. Dr. King was constantly called an “outside agitator” for his unrelenting use of nonviolent civil disobedience. In this speech, he defends himself by saying that true peace was not disturbed, but only the “negative peace” of injustice. So it will be with us. We will be called outside agitators, we will be called disruptive. The analogy that came to mind for me, though, came from the “don’t rock the boat” idea. If a person is trapped under a small rowboat, s/he of necessity has to disrupt the apparent tranquility of the boat in order to stop from being drowned. But to suppose that because you are sitting in a stationary boat, peace must exist, is to neglect to see that your boat is potentially the instrument of someone’s death. As the drowning person pulls him/herself up over the edge of the boat, the rowboat dips toward the water on that side, but if the person sitting in the boat will be patient, the boat will regain its calm, but this time it will actually have peace, not just the appearance of it.

 

Question

My biggest question after reading this speech is this: how will the fact that restricted immigration is federal law make this civil disobedience campaign more difficult than the civil disobedience campaign for integration? Could they have succeeded in the 50s and 60s if they were still living under the decision of Plessy v. Ferguson?

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<!–[if !supportFootnotes]–>[1]<!–[endif]–> The system of restricted migration, like segregation, uses tokenism to claim that justice is being realized, but like Dr. King, I recognize it as a mirage of justice, not justice itself.

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bill-richardson-2.jpgIn an earlier post, I linked to this speech by Governor Richardson, delivered at Georgetown University.

A Manhattan law firm, Teplen and Associates, summarized the speech this way.

In his statement Governor Richardson outlined four steps which must be taken in order to solve this problem in a realistic fashion: 1) secure the border, 2) increase legal immigration, 3) prevent employers from hiring employees without proper work authorization, and 4) provide a path to legalization.

I responded, but Teplen and Associates does not seem to be taking comments on its blog any longer, so I will post my response here.

 

In order to be successful, step 2 must precede step 1.

The only way to completely secure the border is to allow people seeking employment to immigrate. People would much rather cross the border at a checkpoint than brave the Rio Bravo (Rio Grande) or the hot Sonoran desert, but as long as immigrants believe these natural barriers are more navigable than our immigration laws, we will continue to have no idea who enters this country.

And in order to be moral, step 4 must precede step 3.

As long as the federal government prevents those who wish to change their legal status from doing so, the government is in essence mandating that employers discriminate based on a classification virtually indistinguishable from race.

This is a revisited speech, but I post it again because so much of the prevailing thinking in Congress is exactly backwards.

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