An Objectivist Response to Immigration Policy | Amy Peikoff
from Amy Peikoff's article:"
I agree with Mazlish that the creation and maintenance of a proper government depends on at least a significant, influential minority holding the right ideas. However, this does not mean that a proper government can use force to maintain ideological consensus. A proper government enforces objective laws which describe the acts people do (or refrain from doing) which violate others’ rights. Why should immigration law be any different? How is an ideological screening of immigrants any different, in principle, from prosecuting “hate crimes”?"
I agree with Mazlish that the creation and maintenance of a proper government depends on at least a significant, influential minority holding the right ideas. However, this does not mean that a proper government can use force to maintain ideological consensus. A proper government enforces objective laws which describe the acts people do (or refrain from doing) which violate others’ rights. Why should immigration law be any different? How is an ideological screening of immigrants any different, in principle, from prosecuting “hate crimes”?"
The hordes of illegals coming across the Mexican border are not traveling by air.
If your argument holds then 84% of the state of Nevada is owned by no one. Anybody who wants to can go and declare that they own it. Want to own half a state? Just go say it's yours.
Even worse, if the government cannot deed lands then no one can EVER own that 84% of Nevada since there is no way to get a recognized deed.
While government is supposed to use property within limits required for defined purposes, there are options as to how this can be done. The administrators selecting among options are still responsible to the citizens for the performance of their duty.
The latter is how the country was originally settled. Ownership was acknowledged and recognized by government, not "handed out" by government. No one can "give away" something he does not own as private property. Government jurisdiction is not ownership. Only individuals can have rights.
The early process was corrupted, especially in the colonial era, due to feudalist claims by grantees of European governments. In practice that power was wrested from their hands and worked around, with or without formalities, and the original privileged "grants" were eventually ignored. But government did not "steal" it, there were no owners to steal from. They tried to make overreaching claims to unowned land based on political privilege, which did not survive. See Rothbard's multi-volume history of the colonial era Conceived in Liberty.
The settlement of the west in the post colonial period was based on an intended orderly process for recognition of claims to ownership of previously unowned land. That ended in the late 19th century when the early European-influenced statists progressively claimed permanent control by government of land still not recognized as claimed privately.
Today's "public ownership" or "government ownership" is a misuse and corruption of the concept of property ownership as a right.
A private individual delegates his right to defend himself. When under direct attack he may still defend himself and need not ask permission, but may not use force beyond that in retaliation. He does not "request" the government to act, government must act in accordance with law. The court system is part of that.
Citizens do not "direct" government administration of land. Government is supposed to use certain kinds of property only within limits required for defined government functions, not "manage" land on behalf of citizens. A government is not a corporation.
Immigration pertains to people coming into the country regardless of where they go once in the country and what property they use, whether public or private and regardless of permission granted by private owners for particular uses.
While governments have no inherent right, like corporations they can implement the rights of the people who make them up, in this case citizens.
So how this all comes out in the sense of immigration and free travel is that the land owned by the government that has not been deeded to individuals or corporations is managed by the government not because of any inherent right the government has but the rights of the citizens who direct the administration of 'their' land. This is entirely analogous to the officers of a corporation directing the use of corporate property on behalf of the shareholders.
While we talk about people purchasing land, all land was initially seized by some government which handed it out. That's the only way we decide that it's 'owned' by someone.
How else would you have ownership of property. Yes, you bought it from someone, but who did they buy it from etc.
But government does not "own" land; it controls public property in accordance with the functions of government only. "Public ownership" means no one owns it. Individuals own land and use it by right; governments do not do anything by right. Government is supposed to protect private property rights in accordance with objective standards, it is not the source of property rights, as presupposed in "giving" or "selling" people land. Government cannot own land. Today of course statist government is doing much, much more than it should both in its own land "ownership" and denying property rights to individuals.
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