Wow, this is getting long. May have to break further replies into mutliple posts.
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Humans have a right to protect their land and space from usurpation by others. How's that?
Sounds good to me. Since we agree that usurpation is an illegitimate act, we should be in agreement that Person A telling Person B who Person B can allow onto Person B's property is illegitimate, right?
I mean, what could be more
usurpatative (I'm loving this word) than me telling you what to do (and backing it up with the threat of violence)?
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Uh, I've already told you, I'm not claiming either side of that argument, although I lean towards thinking there are probably legitimate ways for states to own land. I'm only refusing to accept as axiomatic your claim that they cannot. Is that clear now, I hope?
You're trying to wiggle out on a technicality. You've said that states "control" land. But such control can only be legitimate if the controller is the owner, OR has explicit permission from the owner. Since neither of these seem to be the case (and my argument is nothing more than pointing out that we have yet to see ANY way a state can own property legitimately), the control must be illegitimate.
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As far as I'm concerned, that position is simply the result of observing that nobody has demonostrated any way for states to legitimately own land in the same way people would - decree, conquest, and trading with ill-gotten gains don't give *individuals* legitimate property rights, so why should *states* be able to use these techniques to obtain legitimate property rights?
How about people voting for it or donating land for common use to the state?
Voting for what? Voting confers no legitimacy outside of the group of individuals who explicitly consent to such arrangements. If a gang gets together and decides to beat some guy up and take his stuff, the action does not magically become legitimate if they "vote for it".
Donation is something I'm willing to consider. There are problems with this, but I'll allow it for the purposes of this thread, since these problems are getting pretty esoteric and are *way* outside the scope of this thread. Let's even go as far as saying that the land the government actually claims "ownership" of was so donated. So the state has legitimate authority then to keep foreigners out of it's parks, and office buildings, and military bases, and courthouses.
Of course, my backyard has never been donated to the state, so the state's rules and regulations cannot legitimately be imposed there.
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Could either of those possibly be legitimate, in your mind? Or how about ancient conquests, buried far enough back in history that no rectification is possible? Could that lead to a legitimacy of the status quo in your eyes, since no redress or undoing of history is possible after some centuries have elapsed, and everyone has for centuries built their lives and property thenceforth on that basis? Could that have any degree of legitimacy in your eyes?
No! The issue of redress is totally seperate from the issue of legitimate ownership.
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I'm asking you - does *control* equal *legitimacy*?
In and of itself, no...so?
So what *do* you have to lend legitimacy to your position?
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I don't feel it necessary to prove every last thing I believe from some rock-bottom starting ground. Heck even athematics has axioms which are unprovable. Why should every political view have to be proven backwards to the nth degree?
OK, just give me the axioms you're working from. Then we can see if the positions you're taking are consistent with those axioms.
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It's EXACTLY what "feels good". You're resisting any examination of your position. You just say "well I think XYZ is going to happen, so let's do ABC. But I don't want to talk about why I think XYZ is going to happen, and I don't want to discuss any of the moral implications of ABC, I just think we should do it, and if you disagree, well, too bad." Then you hide behind "pragmatism". This is a lazy, dishonest tactic. It's like republicans smearing anyone who opposes the patriot act as "unpatriotic". It's the same old false dichotomy - you're either with us or against us, and if you disagree with our tactics, you must necessarily disagree with our goal; our motives are noble (or patriotic, or "pragmatic") so if you aren't with us, you must be the opposite - ignoble, unpatriotic, unpragmatic. Wrapping yourself in the flag (or, in this case, the constitution) is, of course, the icing on the cake.
I've stated reasons why I think borders and immigration laws are good things. Why is that not sufficient?
It isn't sufficient because you want to impose those things upon other people. To do that, you need more than just *your own* approval.
Is stating a reason why I think Coke is better than Milk sufficient enough to impose rules upon you saying that milk is forbidden and coke is mandatory?
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Yes, we've already established that. Now, again, the question is, why should your opinion be imposed upon me? Why not the other way around? Why not neither?
Sometimes the "neither option" is impossible.
Still no answer?
It's not always possible to satisfy all viewpoints or parties. In this cae our viewpoints on a specific matter appear to irreconcilably conflict. I think borders and immigration should be controlled and you don't. There is no way to completely satisfy both of our positions at once. I think unbridled immigration would threaten the legal basis of the Constitution of the USA and eventually lead to disollution of the rights that are enshrined. You either don't think so, or don't care. Again: no satisfying both of us.
Still no answer! Why should your opinion be imposed? Your position places an onus upon me. It interferes with things that I am *entitled* to - freedom of assembly, for one. My position places no burden upon you. It does not deprive you of anything. My decision to interact with people who happen to have been born in Mexico in no way reduces your "right" to "space" - you still own the same property you owned before.
So, given that your position is invasive, and mine is not, WHY SHOULD YOUR OPINION BE IMPOSED UPON ME?
Example: Alice wants to shoot Bob, and Bob does not want to be shot. Obviously, both people cannot be satisfied. Is the fact that both of them cannot be simultaneously satisfied a *reason* that Alice *should* shoot bob? No, it's simply restating that the two positons are mutually exclusive.
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In other words, *exactly* what I said: whatever you can get away with. When you explicitly avoid operating from principle, what else is there?
Sometimes you CANNOT operate solely from principle. Do you really think you can do so always, in every part of life, in every part of politics, in every situation? My friend, the world just isn't that simple, nor always amenable to such simplistic analysis and action.
Throw the baby out with the bathwater then?
"If I stick to principles, I can't get certain things that I want. Therefore, prinicples are too pesky. I'll say they're 'unpragmatic' to give my deviations an air of superiority."
Tell me, when are deviations from principles justified? Anytime you decide it's what you need to do in order to get what you want? If deviation from principles is part of your game plan, YOU HAVE NO PRINCIPLES.
My principles are very simple - and yes, I do think it is possible to stick to them. Other people may not, that doesn't mean I have to follow suit.
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Even if I am asserting, YOU are the one making a big issue of it, so when YOU do it, it should be pointed out. You think that being a critic makes you immune from criticism? What kind of double standard are you trying to construct here?
OF COURSE the burden of proof is on YOU. YOU are the one making claims upon OTHER PEOPLE. My position makes no claim upon you. Your position makes claims upon me (by seeking to restrict who I may interact with). Your position that X is legitimate MUST BE JUSTIFIED.
Alice asserts that OJ is guilty. Bob asserts that he's not. Since both are merely asserting, which should have the burden of proof?
My position is that of trying to protect our Constitutional rights from demographically-induced dissolution. I also think that the U.S. citizens' right to maintain existing space and breathing room weighs against unlimited immigration. I think that if borders are opened without restriction, our space, rights and Constitution will eventually be endangered even more so than now. You disagree, and believe that anything should be permitted as long as it doesn't immediately and directly adversly affect someone and usurp their rights. What you may not be realizing, or may be discounting, is that consistent application of your principles will result in a country, space and laws which are even futher inconducive to your principles and goals than what you have now. You'll have even less of the rights you yearn for if the country becomes filled with Shari'a believers and with others who hold U.S. Constitutional rights in disdain. You don't seem to realize that demographics eventually = laws. You don't see that acting 100% by your principles will inevitably result in the destruction of any environment in which your principles are legally supported or tolerated. So pragmatically speaking, you have to yield a little in principled action order to avoid even worse laws than we have at present, laws that will be even more hostile to your cherished principles.
All you're doing here is highlighting the flaws in the system you support, the exact flaws I've been pointing out all along. You support a system where people get to tell other people what to do; you're fine with this, as long as you like the people who get to do the bossing around. You want rules to keep people you don't like from getting to positions where they can tell you what to do. You say if I get my way, people you don't like will start bossing you around. But if I get my way, the system by which they boss you around won't even exist!
That's not to say that you couldn't form or join some sort of collective organization that would do things like produce some document listing your rights, and provide structure for you to donate money towards protecting those rights.
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Do you really think these rights come from a piece of paper?
To a large extent, yes; Constitutional rights DO come from a piece of paper which was ratified and made the supreme law of the land. The government and citizens must continue to back those rights, though. Do you think that those rights would be backed if they were not written in the Coinstitution? Do you realize that the U.S. Constitution is a highly unique document and the only Constitution in the world which is based on the concept of limiting government's powers rather than granting rights to people?
YES I realize that! Do you? Because you just said "yes" to my question asking if those rights come from a piece of paper. Now you're saying that piece of paper specifically does NOT grant rights (which is what I've been saying all along).
Which is it? How can you make these contradictions, then condescendingly ask ME if I'm aware of that?
Honestly not following you here.
Let's go through it one step at a time:
First you say that rights come from a piece of paper. Then you say that peice of paper limits government power (I agree that is was the *intent* of the authors), and that it does NOT grant rights.
Then you ask *me* if I realize this.
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If rights are granted they can be ungranted too.
So what's granting these rights? You just said the paper is NOT granting them?
Huh? The idea is that these rights of the peoplle are not granted but inherently exist, yet are frequently usurped government.
Usurped is different than "ungranted".
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That is the basis of U.S. law and the reason the Constitution places restraint on powers of government rather than granting rights to the people. Without the U.S. Constitutional restraints on government, you can be assured that your rights would be even more usurped by government than they are now. So the Constitution is a necessary document for the prevention of the usurpation of your rights by government. It isn't working well enough, IMO, but IMO it would also be even worse without it and without it you would have even more rights usurped.
For someone who complains about bare assertions, this sure is a doozy.
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So if the constitution did not exist, government could not be stopped from violating those rights?
Pretty much so, generally yes. The Constitution provides a legal basis for limiting the powers of government,. Unfortunately, clever lawyers and judges who neglect their supposed impartiality have effectively conspired to read the Constitution in a false manner which has been used to take away many of your rights.
So if "no constitution" equals "worst case scenario, ultimate government oppression" please explain how the constitution came to be in the first place. Since there was no magical piece of paper exuding a forcefield around our rights before it was created, our rights must have been so trampled that it would have been impossible to create such a document. Yet it happened. How? (for someone who complains when someone doesn't answer your questions, you sure leave a lot unanswered yourself.)
And again, you're imposing a false dichotomy. You're limiting the discussion to a choice between a limited government and an unlimited totalitarian regime.
If you don't like a Ford, you're going to get stuck with a Chevy.
Did you forget that you could ride a bike?
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Let's ignore the fact that the US government ROUTINELY violates the rights of its citizens AND the specific limitations in the magical constitution EVERY DAY.
Since the lack of this magical force-field known as a "constitution" would bring inevitable and unending governmental oppression, HOW did such a constitution, which has only existed for a finite time, and a length of time much shorter than "governments" have existed, come into being in the first place???
That government has moved away from strict Constitutional adherence, and frequently violates citizens' rights, is true, and a great and growing problem. I am just saying that that would happen even faster with a higher propertion of new immigrants in the population, since they would come from backgrounds where civil and human rights are held in even less esteem. And thus too would they vote.
Which doesn't answer my question. Just more of the same "different people are yucky" stuff.
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How long do you think it's going to last with the current trends of Native-Born USAians looking for any opportunity to shred your precious scrap of paper?
I don't know what you are talking about.
Are you kidding me? Habeus corpus, wiretaps, property seizures resulting from tenuous connections to drug cases, arresting people who don't provide papers on demand (see the other thread)? TIA, CAPPS. US citizens held in military jails without charges, without access to lawyers. ANd that's just the tip of the iceberg. Have you been paying attention?
Not sure what USAsians have to do with all that. I do agree that breaches of constitutionality are a great and growing problem.
You say all these scary foriengers want to take away your constitution, when the most obvious threats to it are from native-born citizens, NOT foreigners. You're not sure what USAians have to do with that???
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So what exactly do you think that the Constitution will be replaced with, if the country is comprised much more largely of new immigrants who come from lands where respect for human and civil rights are even less pronounced than in today's USA? Simple answer: you'll have even less rights than you do today if that occurs, because they'll generally be voting in accordance with what they grew up with and what they are used to.
You might as well argue what would happen if 200 million martians became US citizens and voted in a regime of Green Overlords, given that all you've provided so far are the bare assertions you rail against when you think others are providing them. There's no evidence presented so far that any significant number of immigrants are coming here with the intention to destroy your precious magical paper, and as has been discussed above, this is a goalpost move since immigration and citizenship are different issues.
But regardless, this is nothing more than an appeal to boogeyman emotion. The fact that the boogeyman might do bad things to me is no justification to do slightly-less-bad things to me against my will simply because you claim to be protecting me from that boogeyman.