Institutions: Gridlock is Enhanced by Impeachment

Nobody asked but …

Aren’t you mystified by tribal ritual?  Isn’t it endlessly fascinating how many intricate arcanities are found in any process?  Every national/cultural collective has its smoke and mirrors.  Thomas Knapp has written elsewhere on EVC about the USA’s dog and pony show, in Congress: The Snail’s Pace Race.

The point is, in my view, that the fools on the hill have fashioned an endless circuit of eye candy ritual to take our minds off of actual movement.  Impeachment is just another set piece in the Kabuki Theater.

You can see from my last metaphor, from Japanese national/culture, that it probably makes no difference who, what, when, where, how, and why.  Look at Brexit, for instance.  Look at climate, for instance.  Look at Hong Kong, for instance.  All of these are Grand Opera, staged to camouflage the pedestrian kicking of the can down the road.

Pomp and circumstance is always what institutions do when their oligarchs don’t know what to do.  What time does the parade route open?

— Kilgore Forelle

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The Monsters You Tolerate Will Breed Monsters You Can’t Stand

In the 20th century, the story of European imperial holdings was a story (mostly) of communism.

Do you think Winston Churchill anticipated this? Rudyard Kipling? Any of the other enthusiastic imperialists of the 19th century? They may have seen themselves as defenders of a very different kind of order.

Yet nonetheless in promoting imperialism (bad) the European imperialists created militarized, policed cultures. They created egregious inequalities of authority and status. They created societies more dependent on the state. And of course, they created people resentful at rule from afar.

Is it any wonder with all of these factors considered that the “dominoes” in the former European holdings fell so fast?

The Europeans created the emotional hatred of Westernness and (and therefore anything associated to it that any actual good contributions of Europe were threatened.

The monster they tolerated (imperialism) directly bred the (worse) national socialism/communism that took over throughout South America, Africa, and Asia.

What if the European empires had ended their colonial rules 50 or 100 years earlier? All other things being equal, it’s hard to believe that communism would have swept Africa, Asia, and South America as it did. And it’s possible the countries of the West would not have ended up at the gunpoint of countries which they once held at gunpoint.

It happened slowly, then all at once, but the imperialism that Europe tolerated in its own codes of values led to the communism which the Churchills and Kiplings would never have embraced.

What monsters do you tolerate? They may not torture you as they torture people around you. But they will breed. And the offspring of the evils you tolerate in yourself may become a clear danger to you, too.

Originally published at JamesWalpole.com.

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Jojo Rabbit: A Choice Between Authentic and False Community

“You’re not a Nazi, Jojo. You’re a ten year-old kid who likes dressing up in a funny uniform and wants to be part of a club.”

Jojo Rabbit

“Love is the strongest thing in the world.”

“I think you’ll find that *metal* is the strongest thing in the world, followed closely by dynamite, and then muscles.” 

Jojo Rabbit

You know it’s a good movie when you clap spontaneously, laugh like a maniac, and feel your heart torn to shreds in the same two-hour stretch.

Jojo Rabbit is that movie.

Saw it last night and have a lot to say about it. If you haven’t seen this wonderful movie, stop reading, watch the trailer, and get your tix. If you have seen it and want to discuss, keep reading.

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SPOILERS BELOW

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This is a movie about the choices between authentic living and belonging and the false kinds of life and belonging offered in conformity to the mass. In this case, that mass is totalitarian Nazi Germany’s obedience and death cult.

The Default: Belonging to the Mad Collective

The movie starts with young Johannes (Jojo) heading off to summer camp to “become a man,” (despite not being able to tie his own shoes) sprinting away to the delightful tunes of The Beatles “I Wanna Hold Your Hand” in German.

Turns out summer camp is more like a Hitler Youth training camp for 10 year-old soldiers. The sad (and hilarious) absurdity of the Nazi’s doomed experiment is quickly apparent, even though Jojo tries to go along with it all.

But he refuses to do one thing: when ordered to kill a defenseless rabbit, he refuses. That earns him the nickname “Jojo Rabbit” from the older Hitler Youth bullies in one of the first scenes of overt monstrousness. In an attempt to strike back, Jojo decides to double down on the “brave Nazi warrior” thing and wounds himself with a grenade.

We see that Jojo is evidently different. He is gentle. He is sincere (if sincerely brainwashed). And he isn’t exactly fitting in – he has precisely one real friend.

Did I mention his other friend is an imaginary version of Adolf Hitler?

Jojo heads into this story longing for acceptance and belonging in the suicidal death cult that is his culture. It’s hard to imagine that so many other kids shared the same backdrop for growing up, but that’s why this film is so important.

The Choice

We soon learn about one big reason for Jojo’s decent heart.

His mother Rosie (played by Scarlett Johansson) is a woman of kindness, independence, ferocity, humor, and imagination. In other words, she is everything the Nazis are not. Humor and imagination are bulwarks against tyranny in Rosie’s home, and her playful, loving interactions with Jojo are some of the most touching moments in the film.

We also learn that Rosie is part of the German resistance, and (much to Jojo’s horror) she is hiding a young Jewish girl in Jojo’s deceased sister’s bedroom.

Determined to write a book on Jewish people (all the better to defeat them, to his mind) Jojo begins to get to know the young woman, whose name is Elsa. Terror turns into curiosity, curiosity turns into tolerance, and tolerance turns into friendship – and later a serious crush.

As Germany falls apart in the latter days of the war, Jojo experiences a central transformation: from imaginary friendship (with Hitler) to his true friendship with Elsa. He finds true belonging in a human relationship with an unconquered individual with a rich inner life. At the same time, the false sense of belonging in the world of Nazi-dom loses its luster.

Then Rosie is hung for her participation in the resistance, and the Nazi dream (nightmare, rather) of Germany is falling apart all around Jojo’s ears. Kids, civilians, and old German shepherds (actual shepherds, not dogs) are conscripted to defend the city in a last desperate fight. Little boys who stayed in the “club” of the Hitler Youth are used as cannon fodder – a horrifying look at where inauthentic “belonging” ends up.

Authentic Living and Belonging

When the dust settles, Jojo and Rosie have each other. And though Jojo is afraid, he makes the decision to set Rosie free.

Before he does so, a brain-spattered Hitler – once his imaginary friend – warns him that unless he chooses the totalitarian way, he will end up in a “desert of insignificance.” It’s notable how the affable and goofy Hitler of Jojo’s earlier imagination has become something truly worthy of hatred and resistance.

Jojo responds appropriately: he kicks imaginary Hitler out the window with a well-placed foot to Nazi nuts.

In a perfect closing of a loop, he ties one of Elsa’s shoes for her as she prepares to step outside.

And then they dance.

Jojo goes from being his society’s false idea of “being a man” to “doing what he can” (as good a definition of true manhood as any).  Elsa, who had a childhood denied to her, found her imaginative inner life in Jojo and now takes a step into free womanhood in the outside world.

But more importantly, both found what it meant to live authentically and to belong authentically.

This movie shows life’s resilience and beauty despite tremendous evil. Rosie knew that:

“As long as there’s someone alive somewhere then they lose.” 

When evil seems most powerful, we all have to remember to keep our inner lives alive, as Rosie did, as Elsa did, and as Jojo did.

Originally published at JamesWalpole.com.

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Open Borders Are a Trillion-Dollar Idea

Tearing down all barriers to migration isn’t crazy—it’s an opportunity for a global boom.

The world’s nations, especially the world’s richest nations, are missing an enormous chance to do well while doing good. The name of this massive missed opportunity—and the name of my book on the topic—is “open borders.”

Critics of immigration often hyperbolically accuse their opponents of favoring open borders—a world where all nationalities are free to live and work in any nation they like. For most, that’s an unfair label: They want more visas for high-skilled workers, family reunification, or refugees—not the end of immigration restrictions. In my case, however, this accusation is no overstatement. I think that free trade in labor is a massive missed opportunity. Open borders are not only just but the most promising shortcut to global prosperity.

To see the massive missed opportunity of which I speak, consider the migration of a low-skilled Haitian from Port-au-Prince to Miami. In Haiti, he would earn about $1,000 per year. In Miami, he could easily earn $25,000 per year. How is such upward mobility possible? Simply put: Human beings are much more productive in Florida than in Haiti—thanks to better government policies, better management, better technology, and much more. The main reason Haitians suffer in poverty is not because they are from Haiti but because they are in Haiti. If you were stuck in Haiti, you, too, would probably be destitute.

But borders aren’t just a missed opportunity for those stuck on the wrong side on them. If the walls come down, almost everyone benefits because immigrants sell the new wealth they create—and the inhabitants of their new country are their top customers. As long as Haitians remain in Haiti, they produce next to nothing—and therefore do next to nothing to enrich the rest of the world. When they move, their productivity skyrockets—and so does their contribution to their new customers. When you see a Haitian restaurant in Miami, you shouldn’t picture the relocation of a restaurant from Port-au-Prince; you should picture the creation of a restaurant that otherwise would never have existed—not even in Haiti itself.

The central function of existing immigration laws is to prevent this wealth creation from happening—to trap human talent in low-productivity countries. Out of all the destructive economic policies known to man, nothing on Earth is worse. I’m not joking. Standard estimates say open borders would ultimately double humanity’s wealth production. How is this possible? Because immigration sharply increases workers’ productivity—and the world contains many hundreds of millions of would-be immigrants. Multiply a massive gain per person by a massive number of people and you end up with what the economist Michael Clemens calls “trillion-dollar bills on the sidewalk.”

Or do we? An old saying warns, “If it seems too good to be true, it probably is.” Far lower levels of immigration already inspire vocal complaints. After presenting my basic case in Open Borders, I strive to evaluate all the common (and many not-so-common) objections to immigration. My bottom line: While open borders are undeniably unpopular, they deserve to be popular. Like every social change, immigration has downsides. Yet when we patiently quantify the downsides, the trillions of dollars of gains of open borders dwarf any credible estimate of the harms.

The simplest objection to open borders is logistical: Even the largest countries cannot absorb hundreds of millions of immigrants overnight. True enough, but no reasonable person expects hundreds of millions to come overnight, either. Instead, immigration usually begins slowly and then snowballs. Puerto Ricans have been legally allowed to move to the United States since 1904, but it took almost a century before Puerto Ricans in the United States came to outnumber the population left on the island. Wasn’t the European migration crisis an unmanageable flood of humanity? Hardly. Despite media outcry, total arrivals from 2014 to 2018 came to less than 1 percent of the population of the European Union. Many European countries—most notably West Germany during the Cold War—have swiftly absorbed much larger inflows in the past.

The standard explanation for these asymmetric public reactions is that resistance to immigration is primarily cultural and political, not economic or logistical. While West Germans welcomed millions of East German migrants, a much lower dose of Middle Eastern and African migration has made the whole EU shiver. Aren’t economists who dwell on economic gains just missing the point?

Yes and no. As a matter of political psychology, cultural and political arguments against immigration are indeed persuasive and influential. That does not show, however, that these arguments are correct or decisive. Does immigration really have the negative cultural and political effects critics decry? Even if it did, are there cheaper and more humane remedies than immigration restriction? In any case, what is a prudent price tag to put on these cultural and political effects?

Let’s start with readily measurable cultural and political effects. In the United States, the most common cultural complaint is probably that—in contrast to the days of Ellis Island—today’s immigrants fail to learn English. The real story, though, is that few first-generation immigrants have ever become fluent in adulthood; it’s just too hard. German and Dutch immigrants in the 19th century maintained their stubborn accents and linguistic isolation all their lives; New York’s Yiddish newspapers were a fixture for decades. For their sons and daughters, however, acquiring fluency is child’s play—even for groups like Asians and Hispanics that are often accused of not learning English.

Native-born citizens also frequently worry that immigrants, supposedly lacking Western culture’s deep respect for law and order, will be criminally inclined. At least in the United States, however, this is the reverse of the truth. The incarceration rate of the foreign-born is about a third less than that of the native-born.

What about the greatest crime of all—terrorism? In the United States, non-citizens have indeed committed 88 percent of all terrorist murders. When you think statistically, however, this is 88 percent of a tiny sum. In an average year from 1975 to 2017, terrorists murdered fewer than a hundred people on U.S. soil per year. Less than 1 percent of all deaths are murders, and less than 1 percent of all murders are terrorism-related. Worrying about terrorism really is comparable to worrying about lightning strikes. After you take a few common-sense precautions—do not draw a sword during a thunderstorm—you should just focus on living your life.

The most cogent objection to immigration, though, is that productivity depends on politics—and politics depend on immigration. Native-born citizens of developed countries have a long track record of voting for the policies that made their industries thrive and their countries rich. Who knows how vast numbers of new immigrants would vote? Indeed, shouldn’t we expect people from dysfunctional polities to bring dysfunctional politics with them?

These are fine questions, but the answers are not alarming. At least in the United States, the main political division between the native- and foreign-born is engagement. Even immigrants legally able to vote are markedly less likely than native-born citizens to exercise this right. In the 2012 U.S. presidential election, for example, 72 percent of eligible native-born citizens voted versus just 48 percent of eligible immigrants. Wherever they politically stand, then, immigrants’ opinions are relatively inert.

In any case, immigrants’ political opinions don’t actually stand out. On average, they’re a little more economically liberal and a little more socially conservative, and that’s about it. Yes, low-skilled immigrants’ economic liberalism and social conservatism are more pronounced, but their turnout is low; in 2012, only 27 percent of those eligible to vote opted to do so. So while it would not be alarmist to think that immigration will slightly tilt policy in an economically liberal, socially conservative direction, warning that “immigrants will vote to kill the goose that lays the golden eggs” is paranoid.

Note, moreover, that free immigration hardly implies automatic citizenship. Welcoming would-be migrants is a clear-cut blessing for them and the world. Granting citizenship is more of a mixed bag. While I am personally happy to have new citizens, I often dwell on the strange fact that the Persian Gulf monarchies are more open to immigration than almost anywhere else on Earth. According to the Pew Research Center, 76 percent of people in Kuwait—and 88 percent in the United Arab Emirates—are foreign-born. Why do the native-born tolerate this? Probably because the Gulf monarchies generously share their oil wealth with citizens—and jealously protect the value of citizenship by making naturalization almost impossible. You do not have to ignore the Gulf monarchies’ occasional mistreatment of immigrants to realize that it is much better to welcome immigrants with conditions than to refuse to admit them at all. Migrants—mostly from much poorer parts of the Islamic world—accept this deal, however unfair, exactly because they can still do far better in the Gulf than at home.

In Open Borders, I have the space to address many more concerns about immigration in more detail. What I can’t do, I confess, is address the unmeasured and the unmeasurable. In real life, however, everyone routinely copes with ambiguous dangers—“unknown unknowns.” How do we cope?

For starters, we remember Chicken Little. When people’s warnings about measured dangers turn out to be wrong or overstated, we rightly discount their warnings about unmeasured and unmeasurable dangers. This is how I see mainstream critics of immigration. Their grasp of the basic facts, especially their neglect of the tremendous gains of moving labor from low-productivity countries to high-productivity countries, is too weak to take their so-called vision seriously.

Our other response to unmeasured and unmeasurable dangers, however, is to fall back on existing moral presumptions. Until same-sex marriage was legalized in certain countries, for example, how were we supposed to know its long-term social effects? The honest answer is, “We couldn’t.” But in the absence of strong evidence that these overall social effects would be very bad, a lot of us have now decided to respect individuals’ right to marry whom they like.

This is ultimately how I see the case for open borders. Denying human beings the right to rent an apartment from a willing landlord or accept a job offer from a willing employer is a serious harm. How much would someone have to pay the average American to spend the rest of his or her life in Haiti or Syria? To morally justify such harm, we need a clear and present danger, not gloomy speculation. Yet when we patiently and calmly study immigration, the main thing we observe is: people moving from places where their talent goes to waste to places where they can realize their potential. What we see, in short, is immigrants enriching themselves by enriching the world.

Do I seriously think I am going to convert people to open borders with a short article—or even a full book? No. My immediate goal is more modest: I’d like to convince you that open borders aren’t crazy. While we take draconian regulation of migration for granted, the central goal of this regulation is to trap valuable labor in unproductive regions of the world. This sounds cruel and misguided. Shouldn’t we at least double-check our work to make sure we’re not missing a massive opportunity for ourselves and humanity?

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Do You Talk About X in Open Borders? Yes!

The modal question about Open Borders is, “Do you talk about X?”  The answer is “YES” for all of the following…

1. Do you talk about the historical pattern of global poverty rates?

2. Do you talk about people’s attachment to their country of birth?

3. Do you talk about overcrowding?

4. Do you talk about the global poor’s ability to function in a modern society?

5. Do you talk about global apartheid?

6. Do you talk about the level of illegal immigration?

7. Do you talk about human smuggling?

8. Do you talk about the effectiveness of immigration law at preventing and deterring illegal immigration?

9. Do you talk about immigration as a civil right?

10. Do you talk about whether the plight of the immigrant is our problem?

11. Do you talk about whether there is a right to immigrate?

12. Do you talk about whether this right is absolute?

13. Do you talk about America’s open borders era?

14. Do you talk about how America’s open borders era ended?

15. Do you talk about the potential dangers of open borders?

16. Do you talk about whether we should look before we leap?

17. Do you talk about the Antarctican farmer hypothetical?

18. Do you talk about the connection between mass consumption and mass production?

19. Do you talk about the benefits of immigration for immigrants?

20. Do you talk about the benefits of immigration for natives?

21. Do you talk about how much immigration actually helps immigrants?

22. Do you talk about why immigration helps immigrants?

23. Do you talk about how much a trillion dollars of gains really buys?

24. Do you talk about whether open borders is “trickle-down economics”?

25. Do you talk about how immigration affects native workers?

26. Do you talk about how immigration affects you personally?

27. Do you talk about the effect of immigration on average national incomes?

28. Do you talk about the Arithmetic Fallacy?

29. Do you talk about what open borders would really look like?

30. Do you talk about the effect of open borders on the visibility of poverty?

31. Do you talk about “swamping”?

32. Do you talk about diaspora dynamics?

33. Do you talk about Puerto Rico?

34. Do you talk about brain drain?

35. Do you talk about what good for places versus what’s good for people?

36. Do you talk about zombie economies?

37. Do you talk about how immigration’s fiscal effects vary by immigrant skill?

38. Do you talk about whether open borders and the welfare state are compatible?

39. Do you talk about rival versus non-rival government services?

40. Do you talk about how welfare states prioritize the old versus the poor?

41. Do you talk about the cost of educating immigrants’ children?

42. Do you talk about the effect of immigration on the sustainability of retirement systems?

43. Do you talk about the best way to measure immigrants’ overall fiscal effects?

44. Do you talk about Net Present Value?

45. Do you talk about empirical estimates of  immigrants’ overall fiscal effects?

46. Do you talk about whether more immigration is likely to save Social Security and Medicare?

47. Do you talk about empirical estimates of immigrants’ overall fiscal effects as a function of their education and age?

48. Do you talk about Milton Friedman’s arguments against open borders?

49. Do you talk about the parallels between the fiscal effects of native births versus immigration?

50. Do you talk about how human beings value their cultures?

51. Do you talk about the value of Western civilization?

52. Do you talk about the cultural dangers of admitting non-Western immigrants?

53. Do you talk about terrorism, mass rape, human trafficking, Sharia, and the decline of English?

54. Do you talk about numeracy?

55. Do you talk about the statistics of terrorism, including the share of terrorism committed by foreigners?

56. Do you talk about the Skittles argument against refugees?

57. Do you talk about immigrant crime rates?

58. Do you talk about the effect of immigration on overall crime rates?

59. Do you talk about the “What if it happened to you?” objection to statistical evidence?

60. Do you talk about first-generation immigrant language acquisition?

61. Do you talk about later-generation immigrant language acquisition?

62. Do you talk about immigrant assimilation across generations?

63. Do you talk about how modernity makes assimilation slower?

64. Do you talk about how modernity makes assimilation faster?

65. Do you talk about the social importance of trust?

66. Do you talk about the effect of immigration on national trust?

67. Do you talk about trust assimilation?

68. Do you talk about how much trust a successful society needs?

69.  Do you talk about the cultural benefits of immigration?

70. Do you talk about immigrants’ desire for freedom?

71. Do you talk about immigrants’ disdain for freedom?

72. Do you talk about the danger that immigrants will vote to “kill the goose that lays the golden eggs”?

73. Do you talk about how Democratic immigrant voters are?

74. Do you talk about Indian-American voting?

75. Do you talk about immigrants’ specific policy views?

76. Do you talk about how immigrants’ specific policy views vary by education?

77. Do you talk about the effect of immigration on actual government policy?

78. Do you talk about immigrants’ political assimilation?

79. Do you talk about whether immigrants undermine natives’ support for the welfare state?

80. Do you talk about “Magic Dirt”?

81. Do you talk about research on “Deep Roots”?

82. Do you talk about whether Deep Roots research shows that “trillion-dollar bills on the sidewalk” are illusory?

83. Do you talk about national IQ?

84. Do you talk about the effect of immigration on national IQ?

85. Do you talk about whether you’re virtue signaling?

86. Do you talk about whether IQ research shows that “trillion-dollar bills on the sidewalk” are illusory?

87. Do you talk about the effect of immigration on immigrants’ IQs?

88. Do you talk about human genetics?

89. Do you talk about “keyhole solutions”?

90. Do you talk about imposing admission fees and surtaxes on immigrants to help less-fortune natives?

91. Do you talk about why tax-and-transfer schemes are any better than simple exclusion?

92. Do you talk about restricting immigrants’ eligibility for government benefits?

93. Do you talk about requiring immigrants to learn English?

94. Do you talk about requiring immigrants to acquire cultural literacy?

95. Do you talk about the dangers of Islam?

96. Do you talk about Muslim bans?

97. Do you talk about keyhole solutions for the dangers of Islam?

98. Do you talk about restricting immigrant voting rights?

99. Do you talk about the political feasibility of keyhole solutions?

100. Do you talk about the bracero program?

101. Do you talk about H-1Bs and other work visas?

102. Do you talk about the fairness of keyhole solutions?

103. Do you talk about Sodom and Gomorrah?

104. Do you talk about what utilitarians, egalitarians, libertarians, wealth-maximizers, meritocrats, Christians, and Kantian should think about open borders?

105. Do you talk about whether immigrants have a right to immigrate to your house?

106. Do you talk about who Jesus would deport?

107. Do you talk about the connection between open borders and socialism?

108. Do you talk about immigration and political polarization?

109. Do you talk about why conservatives should favor open borders?

110. Do you talk about why liberals should favor open borders?

111. Do you talk about citizenism?

112. Do you talk about Trump’s views and policies?

113. Do you talk about the best argument against open borders?

114. Do you talk about whether any human is illegal?

115. Do you talk about the best way to frame the immigration debate?

116. Do you talk about immigration as charity?

117. Do you talk about immigration as justice and abundance?

118. Do you talk about open borders with Canada?

119. Do you talk about why you talk so much about the United States?

120. Do you talk about whether you hate America?

121. Do you talk about earlier cosmopolitan transformations?

122. Do you talk about Brexit?

123. Do you talk about public opinion on immigration?

124. Do you talk about scaring people with extremism?

125. Do you talk about the Overton Window?

126. Do you talk about whether open borders is another crazy Ivory Tower Proposal?

127. Do you talk about how to get there from here?

128. Do you have endnotes?  Lots of them?

129. Do you have references?  Lots of them?

130. Do you have acknowledgements?  Lots of them?

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The USA PATRIOT Act: The Story of an Impulsive Bill That Eviscerated America’s Civil Liberties

The USA PATRIOT Act provides a textbook example of how the United States federal government expands its power. An emergency happens, legitimate or otherwise. The media, playing its dutiful role as goad for greater government oversight, demands “something must be done.” Government power is massively expanded, with little regard for whether or not what is being done is efficacious, to say nothing of the overall impact on our nation’s civil liberties.

No goals are posted, because if targets are hit, this would necessitate the ending or scaling back of the program. Instead, the program becomes normalized. There are no questions asked about whether the program is accomplishing what it set out to do. It is now simply a part of American life and there is no going back.

The American public largely accepts the USA PATRIOT Act as a part of civic life as immutable, perhaps even more so than the Bill of Rights. However, this act – passed in the dead of night, with little to no oversight, in a panic after the biggest attack on American soil since Pearl Harbor – is not only novel, it is also fundamentally opposed to virtually every principle on which the United States of America was founded. It might not be going anywhere anytime soon, but patriots, liberty lovers and defenders of Constitutional government should nonetheless familiarize themselves with the onerous provisions of this law, which is nothing short of a full-throttle attack on the American republic.

What’s Even in the USA PATRIOT Act?

What is in the USA PATRIOT Act? In the Michael Moore film Fahrenheit 9/11then Rep. John Conyers cracked wise about how no one had actually read the Act and how this was in fact par for the course with America’s laws. Thus, before delving into the deeper issues surrounding the PATRIOT Act, it is worth discussing what the Act actually says. Here’s a brief look at the 10 Titles in the PATRIOT Act:

  • Title I: Enhancing Domestic Security Against Terrorism: This provision dramatically expands the powers of the President, the military and the intelligence community whenever the specter of “terrorism” is invoked. Bizarrely, it contains a provision condemining discrimination against Arabs, Muslims and South Asians, which seems to have very little to do with protecting Americans from terrorism.
  • Title II: Enhanced Surveillance Procedures: Title II contains the meat of the Act with regard to massive, industrial-scale surveillance on the American public. Beyond the simple spying on Americans and their communications, Title II increases the ability of federal intelligence agencies to share your private communications with one another.
  • Title III: International Money Laundering Abatement and Financial Anti-Terrorism Act: Not simply a section of the USA PATRIOT Act, Title III is an Act of Congress in its own right. You might have noticed how much more difficult it is to open a bank account or send a wire transfer after 9/11. You can blame this provision, which shredded banking privacy rights in the United States.
  • Title IV: Protecting the Border: Other than expanding the number of federal employees (of course), the provision of the USA PATRIOT Act charged with protecting America’s borders does little other than point toward paths for future action and study. It is worth noting that the weakest provision of the Act is the only one explicitly authorized by the Constitution — protecting the border.
  • Title V: Removing Obstacles to Investigating Terrorism: Title V authorizes bounties for the apprehension of alleged terrorists, broadens government power to conduct DNA analysis, allows for greater data sharing between law enforcement agencies and, perhaps most disturbingly, requires private telecommunication carriers to comply with government requests for electronic communication records whenever requested by the FBI. It also expands the power of the Secret Service to investigate computer fraud.
  • Title VI: Providing for Victims of Terrorism, Public Safety Officers and Their Families: Perhaps the most innocuous portion of the USA PATRIOT Act, Title VI provides for a victims’ fund for victims of terrorism and their families.
  • Title VII: Increased Information Sharing for Critical Infrastructure Protection: The subtitle of this section of the Act is a rather wordy way of saying that the United States federal government is allowing for law enforcement agencies to share information across jurisdictional boundaries in an easier fashion than was previously legal. To that end, the Bureau of Justice Assistance was given a $50,000,000 budget for 2002 and a whopping $100,000,000 budget for fiscal year 2003.
  • Title VIII: Strengthening the Criminal Laws Against Terrorism: Title VIII is where the rubber meets the road: What exactly is terrorism, according to the federal government? Unfortunately, this Title does little to clarify what terrorism is, instead focusing on declaring a number of actions (such as attacks on transit) as “terrorism,” regardless of intent.
  • Title IX: Improved Intelligence: The section subtitled “improved intelligence” largely expands the powers and responsibilities of the Director of Central Intelligence.
  • Title X: Miscellaneous: When the federal government titles a segment of a law “miscellaneous,” you know it’s going to include everything and the kitchen sink. And so it does: The definition of electronic surveillance, additional funds for the DEA in South and Central Asia, research on biometric scanning systems, a limitation on hazmat licensure and infrastructure protections are all addressed in Title X, which is a catchall for everything the federal government forgot to address in the first nine sections of the law.

Most of the provisions of the USA PATRIOT Act were set to sunset four years after the bill was passed into law. However, the law was extended first by President George W. Bush and then by President Barack H. Obama. The latter is particularly scandalous given that, at least in part, a rejection of the surveillance culture that permeated the Bush Administration was responsible for the election of Obama in 2008.

Continue reading The USA PATRIOT Act: The Story of an Impulsive Bill That Eviscerated America’s Civil Liberties at Ammo.com.

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