Im-Politic: A Century-Old Way Forward on Defining “True Americanism”

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assimilation, Christianity, conservatism, Henry Olsen, Im-Politic, immigrants, Immigration, libertarianism, Louis D. Brandeis, national conservatism, national identity, progressivism, social conservatism, Trump, Washington Post

That sounds like a pretty interesting and important Washington, D.C. conference that took place last week that gathered a bunch of politicians, pundits, intellectuals (how I hate that word!) and activists of all kinds on the political Right. Their aim: Developing a form of “national conservatism.” Think of it as a large-scale attempt to create Trump-ism without the – ah – idiosyncracies of its namesake.

Not that it will be easy to accomplishing this worthy goal – which appears to amount to seeking to replace the economic libertarian- and globalist-dominated views that have predominated on the Right for so long with something much better suited to advance the interests of working-class Americans.

After all, like it or not, the President’s controversial character in general clearly pleases a big chunk of the electorate, and it’s probably a major contributor to the near-universal support he enjoys with avowedly Republican voters. Moreover, Trump-ism as practiced by the President includes a lot of economic libertarian-ism, as indicated by his early and avid support for a business-heavy tax cut plan, for major cuts in the discretionary portion of the federal government, and for substantially easing environmental and other regulations. And for good measure, as I’ve written, his foreign policy honors America-First precepts in the breach at least as often as not. 

So the presidential version of Trump-ism has not surprisingly attracted backers from all over the Right, and the big disagreements that apparently broke out at the conference were just as predictable. One of the thorniest has to do with the intertwined issues of identity politics and immigration, But however emotional such disputes are likely to remain, they seem to me among the easiest to resolve – at least if Trump-ism is to have any viable long-term political future, and more important, to play a constructive role in resolving them.

According to one sympathetic conservative writer, Henry Olsen, too many of the conservatives at the conference, and too many Trump supporters generally, seem insistent on emphasizing “the country’s past as a British Protestant nation, one where the vast supermajority of citizens took their moral cues from the Bible as the guide to its future.”

The author, a Washington Post columnist who is supportive in particular of much of the “nationalist” part of national conservatism (especially on the crucial trade and immigration fronts), argues correctly that “Since the 1890s, the country has successfully defined what it means to be American without recourse to denominational persuasion or British heritage.”

And in my view, he’s equally correct in contending that claims (mainly from the social conservative wing of conservatism) like “Christianity was the force that created America” simplistically overlook the more inclusive beliefs of the Founding Fathers, ignore centuries of massive demographic change, and “argue for modern America’s de facto dissolution.”

So what does hold us together – and just as important, has held us together for so long? Olsen’s pinpointing of 1890 brings the answer very close. Because its precise chronological location is the year 1915. That’s when soon-to-be-appointed Supreme Court Justice Louis D. Brandeis gave a speech in Boston titled, “True Americanism.”

If you think the title means that Brandeis was a jingoistic xenophobe, think again. He was the son of immigrants from Prague, the first Jew to sit on the high court, and a genuine titan of that era’s progressive movement. And in this address, he presented probably the strongest, most eloquent descriptions of what is unquestionably the most admirable, and effective, unifying forces a work throughout American history – what most of us would call the “American way of life.”

Indeed, Brandeis’ theme that day was why the country should welcome the immigrants arriving during that era in record numbers, and how it could maintain the consensus on bedrock national values and governing practices that’s vital to any society’s coherence – and therefore success.

I’ve quoted from this speech before, but it’s worth revisiting at some length. In Brandeis’ words, since its founding, America had

“admitted to our country and to citizenship immigrants from the diverse lands of Europe. We had faith that thereby we could best serve ourselves and mankind. This faith has been justified. The United States has grown great. The immigrants and their immediate descendants have proved themselves as loyal as any citizens of the country. Liberty has knit us closely together as Americans. Note the common devotion to our Country’s emblem expressed at the recent Flag Day celebration in New York by boys and girls representing more than twenty different nationalities warring abroad.”

He also implored his audience, “let us not forget that many a poor immigrant comes to us from distant lands, ignorant of our language, strange in tattered clothes and with jarring manners, who is already truly American in this most important sense; who has long shared our ideals and who, oppressed and persecuted abroad, has yearned for our land of liberty and for the opportunity of abiding in the realization of its aims.”

But crucially, he added, simple admission was not enough. Nor was the adoption by immigrants of “the clothes, the manners and the customs generally prevailing here” or even substituting “for his mother tongue, the English language as the common medium of speech.”

“To become Americanized,” Brandeis argued, “the change wrought must be fundamental. However great his outward conformity, the immigrant is not Americanized unless his interests and affections have become deeply rooted here. And we properly demand of the immigrant even more than this. He must be brought into complete harmony with our ideals and aspirations and cooperate with us for their attainment. Only when this has been done, will he possess the national consciousness of an American.”

I won’t describe Brandeis’ specific definition of that consciousness (you really should read it), but I can’t imagine that any American of good faith would quarrel significantly with it (although Brandeis’ view that this system of beliefs was distinctive and distinctively virtuous wouldn’t sit too well with many on the Left).

What plainly has been even more controversial in recent decades, however, is the equally Brandeis-ian idea that these beliefs need to be actively propagated, and his emphasis on lifelong education makes clear that this mission needed to be carried out not just by the schools, but by many of society’s most important institutions: “the public platform [i.e., by political leaders]…discussion in the lodges and the trade unions….”

So if national conservatism wants to be truly national, and therefore, successful, it will have no choice but to rally round the view that anyone from any part of the world can become an American – if Americanizing them becomes a national priority again. Of course, that’s the key to success for liberalism, too – which unlike too much of conservatism, is fine with the “anyone” part of the above conviction, but seems convinced that diversity should be sought uber alles, and perhaps exclusively.

Which portion of the political spectrum will be the first to recognize the synthesis – which will be a win not only for its own fortunes but, as history has taught, for the nation as a whole? So far, I’d bet on the conservatives. But not heavily.

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Im-Politic: America Needs to Get Its Citizenship Act Together

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Alexander Hamilton, Census, citizenship, Constitution, Founding Fathers, Im-Politic, immigrants, Immigration, national identity, naturalization, non-citizens

Despite all the heat that it’s generated, the most important citizenship-related issue facing Americans today is not the one revolving around whether long Census form should seek this information from residents of the country. Instead, given all the clashing views of national identity that have emerged in recent years, the most important issue is developing a coherent concept of citizenship – what it should entail in terms of rights and responsibilities, and why .

Suggesting that the United States – a 243-year old country with a history that’s been a rousing success by any reasonable standard – hasn’t been thinking clearly about citizenship certainly seems odd. But the history actually couldn’t be clearer. And the confusion begins at the beginning. Although the Constitution refers to “the Privileges and Immunities of Citizens,” the document says remarkably little about what these are and, more important, about the reasons that such privileges and immunities should be enjoyed by one group of residents in the country but not others.

Even the choice of some of the most prominent privileges and immunities that are specified are peculiar, to put it mildly. For instance, the framers of the document designated citizenship as a requirement for holding the offices of President, U.S. Representative, and U.S. Senator. But nowhere does the Constitution’s body say explicitly that the Vice President must be a citizen – that provision had to wait until the ratification of the Twelfth Amendment in 1804. Nor does the document explicitly require federal judges to be citizens. 

At the same time, the Constitution’s federal office-holding criteria obviously assume that some citizens are more equal than others.  In the best known example, only “natural born” citizens (a term never defined in the Constitution or by the Supreme Court, and still debated, though it’s widely thought to mean a citizens born in American territory or born outside the United States or its possessions to citizens parents) are eligible to be President.  That’s why former Secretary of State Henry Kissinger or former California Governor Arnold Schwarzenegger could never realistically dream of becoming President.  They, and so many other prominent Americans, were foreign born and naturalized.   

But not just any natural born citizen can serve in the White House.  He or she needs to be at least 35 years old, and have lived in the country for fourteen years.  

As for voting in federal elections, it’s now a crime for non-citizens, but that’s only been the case since 1996. It’s by no means grounded in the Constitution, which generally authorized the states to decide eligibility for elections at all levels in the federal system. And the states have a long history of permitting voting by non-citizens.  (See here for a detailed history of non-citizen voting – by a supporter of this policy.)

Further muddying the situation: Many citizens have long been denied rights and privileges extended to other citizens, at the federal, state, and local levels alike. Women have expressly been classified as eligible for citizenship since the earliest immigration and naturalization laws, which were passed shortly after the Founding. But for more than a century afterward, female citizens faced all manner of limits (mainly at the state level but including on the national level) on their “privileges and immunities” that didn’t apply to male citizens – notably, the right to vote and the right to own property. (See here for some key milestones in the history of such limits and the pushback.) Children born in the United States are unmistakably citizens, yet they still don’t enjoy many of the rights of adults.

Equally confusing are the obligations of non-citizens legally resident in the country. They can’t vote for the federal (and in most cases, the state and local) officials who make tax policy. But especially if they hold green cards, they’re considered “tax residents” upon legal entry and must declare their total income and pay taxes required under U.S. tax law. 

The same goes for questions of war and peace: Legal non-citizens can’t choose the politicians who make these decisions, but they’re potentially required to live with the gravest consequences, since they’re obligated to register for the military draft (unless they’re women – who can’t register even if they are citizens) – and have been often during American history.  (See, e.g., here and here.)

It’s not that the Founders didn’t think about citizenship seriously at all. The very first Article of the Constitution (Section 8) very prominently sets out “establishing a uniform Rule of Naturalization” as one of Congress’ powers. As early as March, 1790, the first Congress in U.S. history followed suit by passing a naturalization act to establish a process and criteria for grants of citizenship. Approved – revealingly – during the same month that that year’s Census was mandated, the law held that foreign-born persons could become U.S. citizens only if they were free, white, lived in the United States for at least two years, resided in the state where they filed the application for one year, proved their “good character” to a court, and swore allegiance to their new nation. Children of citizens born outside American territory would be considered citizens, too. Five years later, the U.S. residency requirement was raised to the current five years.

The residency requirement – and its durability – hints at one possible answer to the question of why citizenship matters. This category was valued because it identified residents judged (to paraphrase an article by former law professor and current U.S. Congress-person Jamin Raskin) “fit to govern” – and by extension (quoting directly now) deserving of “the opportunity to participate in the essential and representative act of democratic politics [voting].” The flip side of this coin, as observed by a much more conservative legal authority, Alexander Bickel, was a position found in western political theory since classical times – which inspired so much of the Founders’ political worldview: “It is by virtue of of his citizenship that the individual is a member of the political community, and by virtue of it that he has rights.”

The reference to a political community is crucial, because what little the Founders collectively said about citizenship often focused on precisely this aim, as did the (admittedly minimalist) legislative and Constitutional record they created. Jefferson and Hamilton embodied fundamentally different approaches to arranging political power within the new nation and equally clashing ideas about the optimal future for the economy (largely because of their political philosophies). But they both agreed that great dangers were likely from a large influx of newcomers from countries whose views and political traditions diverged much further still from those prevailing in the existing U.S. population – and whose national loyalties might be suspect – and that a major response was needed.

The residency requirement that became law clearly reflected Hamilton’s belief that “Some reasonable term ought to be allowed to enable aliens to get rid of foreign and acquire American attachments; to learn the principles and imbibe the spirit of our government; and to admit of at least a probability of their feeling a real interest in our affairs.” (See here for the case for the Constitution as a key part of the Founders’ exercise in political community-building. Interestingly, the author’s main thesis is that membership in this community should be expanded to include non-citizens.)  

And yet, from literally the beginning, so many opportunities to link the creation of such a community to citizenship were went ungrasped. The Constitution could have specified that Congressional apportionment (determining the numbers of House of Representatives districts would be given to each state) must be based on numbers of citizens. Instead, it simply holds that the count should consist of “the whole number of free persons,” indentured servants, and “other Persons” (meaning slaves), who would be treated as three-fifths of the other two categories. Native Americans who were “not taxed” were the only category of resident explicitly excluded.

Moreover, because there is no Constitutionally mandated connection between citizenship and Congressional apportionment, there’s no link between citizenship and the allocation of electoral votes, either, since that figure is based in part on the number of House districts per state.

A third missing link – which seems a matter of recent bureaucratic custom rather than law: As of 2015, more than a hundred federal programs used Census data to determine the distribution of $675 billion in taxpayer funds to pay for everything from Medicare Part B to Medicaid to school lunches to highway construction.

And despite the loyalty oath required for naturalization, and the Founders’ concerns about divided or competing national allegiances, neither the Constitution nor any code of federal law has ever prohibited dual citizenship. Stranger still – many American citizens today legally serve in the militaries of foreign countries not engaged in hostilities with the United States, and even in senior government positions in foreign governments.

Numerous observers believe (and even hope) that these glaring contradictions in the treatment of citizens show that the concept is weakening.  I fervently hope that they’re wrong.  For I believe that the Founders were right.  In other words, as clearly, and as consistently as possible, it’s essential that the law define citizens as that segment of the population that enjoys a specific set of (mainly voting- and governing-related) rights in exchange for supporting the nation’s core political values. Otherwise, Americans will never preserve what one commentator has called “the cohesiveness and sense of community…vital to the success of popular government.”

But the bitter divisions that have opened recently in America’s politics and society demonstrate that the wildly incoherent approach to citizenship that’s evolved until now is giving the nation the worst of all possible worlds. If a completely chaotic disintegration of the country into a gaggle of hostile, quarreling groups is to be avoided, a clear choice needs to made – and the sooner the better.

Im-Politic: Mainstream Media’s Pro-Open Borders Bias Remains Widespread

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assimilation, civil religion, CNN, Donie O'Sullivan, illegal immigrants, Im-Politic, immigrants, Immigration, Irish-Americans, Mainstream Media, national identity, National Public Radio, Open Borders, Samuel P. Huningtom, Seymour Martin Lipset, The Washington Post, Tom Gjelten

The pro-Open Borders slant of the Mainstream Media has become so pervasive that the last few days alone have served up no less than two major instances by leading news organizations. One should be painfully obvious – at least to anyone familiar with the history of immigration in the United States and the nation’s (until unquestionably successful) approach towards assimilating newcomers. The other is more difficult to detect. Both also entail telling failures of professional judgment by writers and editors alike. You decide which (if either) is the most worrisome.

The obvious example of bias came from a Washington Post piece Sunday by National Public Radio correspondent Tom Gjelten. If you ignore the lessons Gjelten claims flow from that American immigration history, you can learn a lot from his article about (or be usefully reminded of) the various efforts made from the early 19^th to the mid-20^th century to address the various social and cultural issues large inflows from regions outside Britain (though still mainly from Europe) in particular posed. Of course, far too many were products of simple bigotry.

But Gjelten then ventures deeply into a dangerous fantasyland when he discusses those lessons and what they mean today. He all but explicitly states that, given the more recent waves of immigrants, now dominated by non-Europeans, Americans should not only reject race and ethnicity or religion the bases of their national identity. They should also reject using what’s long been called a “civil” or “political” religion – a group of political beliefs and values that can surely be argued over around the edges, but that surely closely approximates a formula developed by political scientist Seymour Martin Lipset. As Gjelten summarizes it: “liberty, egalitarianism, individualism, populism and a laissez-faire approach to governance and daily life.”

Since I’d add separation of church and state, another common definition of Americanism – advanced by another political scientist, Samuel P. Huntington – is more problematic. “Anglo-Protestant culture and political values.” But if you think about it, it’s not that much more problematic, especially since the overlap between Lipset and Huntington is so substantial.

Moreover, look at the matter from the opposite perspective. How many other peoples and contemporary regions have created political values in particular (“cultural values” is a concept that’s much too sweeping and much too prone to intolerant abuse for me) that most Americans today would want to live under? Latin America? East Asia? The Middle East? Please. So if you employ a little common sense, and substitute something like “European Enlightenment” for “Anglo-Protestant,” you arrive at a basis for American identity that not only should offend no one, but that, more important, has underlain much of the nation’s extraordinary success.

But Gjelten seems not to agree. In response to Huntington’s (poorly formulated) contention that successful assimilation has entailed “people who were not white Anglo-Saxon Protestants [becoming] Americans by adopting America’s Anglo-Protestant culture and political values,” he maintains:

“Whether that had really happened or was even possible was debatable. ‘A nation of more than 130 cultural groups cannot hope to have all of them Anglo-Saxonized,’ argued Molefi Kete Asante in his book ‘The Painful Demise of Eurocentrism.’ Trying to do so, he argued, would only alienate minorities and deepen disunity.”

Yet having apparently dismissed civil religion as well as (rightly) race and ethnicity as the source of America’s national identity, does Gjelten come up with any viable alternatives? None that I can see. In fact, at this point, his article dissolves into an endorsement of concepts like “nondiscrimination,” “diversity,” and “multiculturalism” that are not only gauzy but lacking in any particular content.

The author maintains that what he terms “nondiscriminatory immigration” based on these empty principles has succeeded in America by making it “more resilient.” But his evidence can’t possibly impress: that “In comparison with Western European countries that have also received large numbers of immigrants, America has proved to be more capable of absorbing and successfully integrating a diverse population.” Of course, this observation practically defines “low bar.”

It’s Gjelten’s right to believe in a definition of national identity evidently distinguished only by what it isn’t – though he sure didn’t provide any examples of countries that have been held together adequately simply by ideals such as multiculturalism and diversity. It’s also his right to believe – as actually seems to be the case – that the idea of a national identity is either pointless or undesirable. But he should have the intellectual honesty to say so. Further, his editors should have had the competence to challenge his case more than they obviously did.

The other troubling instance of journalistic failure by a reporter and editors alike – this CNN post noting that a significant chunk of America’s illegal immigrant population is Irish. That’s unquestionably useful information. But neither author Donie O’Sullivan nor his editors had anything direct to say about the real significance of the article: It powerfully undercuts claims that President Trump’s immigration policies, and even his focus on illegal immigration, stem largely from racism.

Starting with its headline, the article does point out that the illegal Irish have a major advantage over much of the rest of the nation’s illegals – their ability to pass more easily for native-born since they’re white. So obviously, enforcement of immigration law nowadays will inevitably be affected to some extent by race and ethnicity. (At the same time, the article helpfully observes that there are many fewer Irish illegals than Mexican illegals in particular.)

O’Sullivan makes abundantly clear how much fear the administration’s policies have struck among the illegal Irish, and even presents some evidence that these fears have some basis in reality, their physical appearance edge notwithstanding. He quotes an official at an organization providing support services for all Irish newcomers as stating that “it seems that the ICE [immigration law enforcement] agents are using their discretion in a much greater capacity now than ever before.”

But it’s absolutely astonishing (or is it?) that the author says absolutely nothing about the screamingly obvious implication of this claim: It’s a sign that immigration law is being enforced in a race- and ethnicity-blind way. And even though the racism charge has deeply colored the national immigration debate especially since President Trump’s harsh description of some Mexican immigrants when he declared his candidacy for the White House, it’s equally astonishing (or is it?) that none of O’Sullivan’s editors at CNN apparently noted this fact’s omission or importance, either.

Bias-free journalism admittedly is difficult to produce, and the challenge is made all the more formidable by the numerous forms bias can take, and how difficult many can be to spot. All the same, these Washington Post and CNN offerings stand as vivid reminders of how far the Mainstream Media that still dominate news dissemination in our democracy remain from meeting it.