20 June 2007

Sanctuary Cities: The New Nullification?

As is probably well known, San Fransisco is a self-styled sanctuary city. This means, among other things, that the city has decided to exempt itself from a certain body of federal law. One could say that San Francisco has decided to interpose itself between the federal government and the illegal guest worker.

It is quite fascinating to see people who, if asked, would decry the employment of the same tactic by entire states during the sectional disputes that led up to the Civil War. During that controversy, the southern states relied upon what they called
interposition to nullify federal laws which they believed violiated the rights of states to decide their own internal affairs.

Of course, there is a difference. The southern states were (however misguided and morally wrong) attempting to protect the rights of citizens. These “sanctuary cities” are struggling to protect people who have crossed a nation’s borders. One wonders how it would be received if some other city decided that, with respect to federal drug laws, it would be a “sanctuary city” for drug users. (Oh, wouldn’t the drug cartels just love such cities!)

This desire to protect the illegal guest worker from federal laws passed pursuant to Congress’s constitutional duty to legislate in all matters immigration and naturalization has reminded me of a passage from The Republic (Book VIII, roughly 562b and following). It’s a lengthy passage, but relevant in just so many ways. In it, Plato (via Socrates) discusses the degeneration of democracies to tyrannies. Enjoy:

[D]emocracy has her own good, of which the insatiable desire brings her to dissolution[.]

What good?

Freedom, I replied; which, as they tell you in a democracy, is the glory of the State --and that therefore in a democracy alone will the freeman of nature deign to dwell.

Yes; the saying is in everybody's mouth.

I was going to observe, that the insatiable desire of this and the neglect of other things introduces the change in democracy, which occasions a demand for tyranny.

How so?

When a democracy which is thirsting for freedom has evil cupbearers presiding over the feast, and has drunk too deeply of the strong wine of freedom, then, unless her rulers are very amenable and give a plentiful draught, she calls them to account and punishes them, and says that they are cursed oligarchs. Yes, he replied, a very common occurrence.

Yes, I said; and loyal citizens are insultingly termed by her slaves who hug their chains and men of naught; she would have subjects who are like rulers, and rulers who are like subjects: these are men after her own heart, whom she praises and honours both in private and public. Now, in such a State, can liberty have any limit?

Certainly not.

By degrees the anarchy finds a way into private houses, and ends by getting among the animals and infecting them. How do you mean?

I mean that the father grows accustomed to descend to the level of his sons and to fear them, and the son is on a level with his father, he having no respect or reverence for either of his parents; and this is his freedom, and resident alien is equal with the citizen and the citizen with the resident alien, and the stranger is quite as good as either.

Yes, he said, that is the way.

And these are not the only evils, I said --there are several lesser ones: In such a state of society the master fears and flatters his scholars, and the scholars despise their masters and tutors; young and old are all alike; and the young man is on a level with the old, and is ready to compete with him in word or deed; and old men condescend to the young and are full of pleasantry and gaiety; they are loth to be thought morose and authoritative, and therefore they adopt the manners of the young.



It is really tempting to digress into some small praise of “The Great Books” curriculum and it’s importance for the general education of a free people. But I won’t.

The stranger (i.e., neither resident alien nor citizien: illegal alien) is quite as good as either the resident alien or the citizen. The operation of any body of laws requires, among other things, the making of important distinctions. Take, for example, a law which requires teachers to teach students. Such a law assumes at least one important distinction between teachers and students: teachers know stuff and students don’t. If the concept of equality is stressed too far (i.e., to the point at which a distinction between the knowledgeable and the ignorant is denied) this important distinction is ignored and teachers find it impossible, even undesirable, to teach. The law which requires education is de facto nullified.

Unchecked democracy (of which our founders were not fans) results in a refusal to make any distinctions at all. It shouldn’t be hard to understand why. Distinctions are norms; they are authoritative. The unchecked democratic principle doesn’t like authority. In the end it doesn’t care even for the authority of reason. (Sometimes, the authority of the facts isn’t very popular either.)

We have leaders who simply will not distinguish legal immigrants and guest workers from illegal immigrants and guest workers. How can any immigration law operate in such a situation? As we are seeing, they don’t operate at all.

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James Frank Solís
Former soldier (USA). Graduate-level educated. Married 26 years. Texas ex-patriate. Ruling elder in the Presbyterian Church in America.
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