Domestic Policy, Government, Immigration

The Swamp Wins Again

In this site’s mission statement, I said that as much as Theodore Roosevelt was a model, there would be times we would disagree with his likely approach to an issue.  The Supreme Court’s recent opinion on the DACA immigration program highlights one of those differences – the wisdom of unchecked presidential power. 

The Court’s opinion errs not just because it continues a program that flouts the basic rules of immigration law.  The so-called Dreamers would have been granted permanent residency eventually. However, it should have occurred through the legislative process as part of a comprehensive immigration reform that created real and enforceable limits on future immigration.  Instead, the Court used arcane administrative obstacles to allow the Obama Administration to evade the Congress and the people to achieve its political goals. In doing so, the Court has undermined the constitutional separation of powers and the democratic process.

The breadth and depth of the power granted by the Court to administrative agencies (and thus the presidency itself) can only be understood by delving into the details. The court admits that the DACA program (and the corresponding rule protecting the parents of DACA children) were affirmative rules subject to the Administrative Procedure Act. This law ordinarily would require such rules to be issued through a notice and public comment process and adopted only after “reasoned decisionmaking” (the Court’s language). They then could be appealed for judicial review by interested groups such as the Federation for American Immigration Reform, which advocates for immigration restrictions. Instead, the program was initiated by a three-page “memorandum” not posted for prior comment and justified on conclusory grounds that such immigrants “lacked the intent to violate the law”, are “productive contributors” and “know only this country as home”. No other justification or evidence was cited to support the memorandum. In addition, by acting through such a memorandum, the administration made it more difficult to challenge the program in the courts.

Thankfully, several states did challenge it and the Fifth Circuit Court of Appeals issued a preliminary ruling holding it to be an illegal rule making.  After President Trump took office, Attorney General Jeff Sessions issued an opinion to the Department of Homeland Security holding it to be illegal. Based on these opinions, the acting Secretary of the Department of Homeland Security decided to rescind the program. That should have been the end of the matter. Instead, a new set of appeals were filed and the Supreme Court struck down the rescission and sent it back to the agency so it can consider at least 8 different objections by supporters of the rule. In short, the court ruled that an agency rule having a multi-billion dollar economic impact and granting new rights to over 20 million people could be adopted without public comment or congressional input on conclusory grounds, but could only be repealed by engaging in a detailed factual and legal analysis.

Justice Thomas’s dissent accurately describes the danger to our constitutional democracy, stating that an agency is  now “not only permitted, but required, to continue administering unlawful programs that it inherited from a previous administration”.  It grants agencies and the beneficiaries of their largesse more rights than the people as a whole. No wonder many refer to Washington as a swamp. Policies adopted through the democratic process go in, but become so mired in governmental and special interest muck that they never come out.

To his credit, President Trump has issued an executive order prohibiting this kind of rogue administrative action.  At the same time, he encourages the same culture of presidential power by constantly acting through executive orders rather than by legislation.  He has never seriously pursued a comprehensive administrative law reform in the Congress.  Without this, a succeeding administration can undo his restraints by its own executive order. As we approach the 2020 election, American nationalists who believe in the unique value of our constitutional democracy should insist that candidates, including Trump, commit to reform that drains the administrative swamp once and for all and opens up policy making to the American people.

Foreign Policy, History and Future of Nationalism, Realist Theory

The Historical Myths of Globalism

Nationalist Foreign Relations – A History, Part 2

Our duty is to the United States…We should be friendly to all nations, and in any crisis we should judge each nation by its conduct in that crisis. We should condemn the misconduct of any nation, we should oppose its encroachments upon our rights with equal vigor…..according to what it actually does on the given occasion with which we have to deal.

Theodore Roosevelt, America for Americans, Afternoon Speech in St. Louis, MO; May 31, 1916

In November of 2018, French President Emmanuel Macron delivered what was billed as a stinging indictment of nationalism.  In lofty poetic language, Macron expressed the European elitist view that the two world wars were caused by the pursuit of nationalism and implied that only transnational global institutions such as the European Union could keep the peace and preserve “universal values”.  At the same time, the speech betrayed this theme by arrogantly claiming these values were uniquely French in origin. Indeed, it was a speech Napoleon himself, a past advocate of spreading “superior” French values, could easily have given to justify the wars of conquest France unleashed on Europe in the early nineteenth century.

Unfortunately, President Trump did not have the appreciation of history and international relations theory to effectively defend nationalism from Macron’s globalist stereotype. This defense could have started with a recitation of the wartime horrors of the Thirty Years War and the Napoleonic Wars, both waged in the name of values claimed to be universal at the time.  It then would have pointed out that it was the realistic preservation of the basic national goal of sovereignty that kept the peace after Napoleon and then highlighted the real reason for the breakdown of this peace by 1914. 

A good source for this defense can be found in former Secretary of State Henry Kissinger’s 1954 book “A World Restored”, which recounts how the eventual victors in the Napoleonic Wars crafted a system that avoided continental war in Europe for almost a century.  Kissinger believed in the realist theory of international relations, which says all nation-states, whether democratic or autocratic, are naturally driven to maximize their power to preserve their sovereignty and survive in an essentially anarchic world. In contrast, the policy of liberal hegemony followed since the end of the Cold War is the Macron and Napoleonic dream of developing transnational institutions to reduce national sovereignty by spreading and, if necessary, imposing by force, the democratic capitalist model throughout the world.

For a brief periods of time, the French Empire of Napoleon and his coerced allies seemed to produce peace, but could not completely stamp out the national dreams of the different ethnicities and cultures of Europe. At the Congress of Vienna in 1815, the foreign ministers of Britain, Austria-Hungary and France set out to construct a realist international system that preserved this diversity.  They did so by creating a balance of power among their nations in Europe that controlled the drive to maximize power and risk war. During that period, the main continental powers of France, Russia, Austria and later Germany would all enter into shifting alliances with and against each other while Britain remained in “splendid isolation” from these rivalries.  If one alliance grew too powerful to the point of risking conflict, Britain would intervene to balance the relative power and prevent a conflict.  It was an elegant diplomatic waltz that succeeded in avoiding all-out war during the rest of the nineteenth century.

The rise of Kaiser Wilhelm’s Germany and decline of Austria-Hungary upset this balance and forced Britain to expressly ally with France and Russia in response to the Triple Alliance of Germany, Austria and Italy. The balancer was now gone, and Europe experienced a series of crises provoked by Germany. Enter Theodore Roosevelt and the United States, which briefly acted as a balancer and brokered a peace in a 1905 crisis involving Morocco, as shown in the above cartoon from the time.  Historians still wonder whether the First World War might have been avoided if TR had won the 1912 election and America had continued to serve the role of a balancing power.  Instead, Woodrow Wilson won and appointed the isolationist William Jennings Bryan as Secretary of State, who strongly opposed any involvement in Europe. In the end, the US could not remain aloof, but entered the fray only after war had raged for three bloody years. Wilson’s League of Nations was supposed to prevent another war, but it’s globalist dreams proved to be useless against the expansionism of Nazi Germany and Imperial Japan.

Thus, the lessons of 1815 –  1945 are quite the opposite of Pres. Macron’s florid rhetoric. Peace is possible in a nationalist system so long as states avoid being trapped in rigid alliances that are not flexible enough to account for changes in relative national power. As TR said above, America and all nations must be free to identify and pursue their national interests and preserve their own culture according to the particular circumstances. Instead, alliances like the European Union (and NATO as well) freeze the international system into outdated alliances that do not adjust to the times and then try to justify their continued existence by exalting the alliance over its members.  This creates tension between nations instead of alleviating it. The only sustainable route to peace is to accept the diversity of nations and insure there is a balancing nation that can intervene and prevent conflict.

Wilson’s mistake also proves that nationalism is also not the same as isolationism.  Macron attempts to conflate the two to buttress his argument when, in fact, the balance of power system of the nineteenth century depended on Britain and then America becoming involved with other nations when necessary. In the modern age of ICBMS, climate change and pandemics, isolationism has never been an option and no one, including Trump, has seriously said otherwise. A nationalist system can address transnational problems so long as each nation’s sovereignty and interests are respected.  The next post will show how this can be successfully done.

Coronavirus, Domestic Policy

How to Help Dr. Fauci

https://med.stanford.edu/covid19/covid-counter.html

We are all praying that Dr. Anthony Fauci and other top officials successfully complete their current quarantine after potential exposure to the coronavirus. In the meantime, information and statistics remain crucial weapons in the fight against further outbreaks of COVID-19.   As America and other countries reopen after two months of lockdown, we still have much to learn about the disease.  Epidemiologists will still need to crunch data about rates and methods of infection to determine how the disease is transmitted until we develop and distribute a safe and effective vaccine.  Experts say this could take as long as two years. 

In the meantime, there is an easy way you can help. The Stanford University Medical School is conducting a survey by Internet of Americans to improve the tracking of the disease.  They are attempting to determine if potential hotspots can be identified simply by asking how people are feeling and whether they are experiencing any of coronavirus symptoms.  After completing a short initial survey on relevant demographic information and the symptoms, you will receive a daily e-mail asking simply if you are feeling better, the same or worse and whether you have any symptoms of COVID-19. It takes less than a minute to complete and the link is at the top of this post.  I have been participating for the last two weeks.  The more people who participate, the more reliable the study will be and the more we can target our efforts on the truly vulnerable. 

Please consider taking the short period of time to complete the survey and participate daily.  Working together, we can keep America healthy and open while we look for treatments and the holy grail of a vaccine.