Tag: national sovereignty

What to Do with Columbus Day

Published on by D. G. Hart1 Comment

I wonder if the sovereignty of tribal nations is part of the Democratic Party’s platform. I am curious mainly after looking at presidential proclamations about Columbus Day. In his 2015 speech, President Obama mentioned working harder to establish and protect tribal sovereignty. I had no idea that native American reservations function (or at least ideally) directly in relation to the federal government and not with states. The reason has to do with trying to recognize their existence and history before the founding of the United States. They were nations before, so the creation of the United States should not change that.

Imagine though, if you tried to make an analogy between tribal sovereignty and national sovereignty. There might be something in there for pondering the status of migrants. (Wikipedia haters, beware):

In Iron Crow v. Oglala Sioux Tribe, the United States Supreme Court concluded that two Oglala Sioux defendants convicted of adultery under tribal laws, and another challenging a tax from the tribe, were not exempted from the tribal justice system because they had been granted U.S. citizenship. It found that tribes “still possess their inherent sovereignty excepting only when it has been specifically taken from them by treaty or Congressional Act”. This means American Indians do not have exactly the same rights of citizenship as other American citizens. The court cited case law from a pre-1924 case that said, “when Indians are prepared to exercise the privileges and bear the burdens of” sui iuris, i.e. of one’s own right and not under the power of someone else, “the tribal relation may be dissolved and the national guardianship brought to an end, but it rests with Congress to determine when and how this shall be done, and whether the emancipation shall be complete or only partial” (U.S. v. Nice, 1916). The court further determined, based on the earlier Lone Wolf v. Hitchcock case, that “It is thoroughly established that Congress has plenary authority over Indians.” The court held that, “the granting of citizenship in itself did not destroy … jurisdiction of the Indian tribal courts and … there was no intention on the part of Congress to do so.” The adultery conviction and the power of tribal courts were upheld.

Heck, there might even be some relevance for church power and two kingdoms, not to mention a little push back for Representative Robert O’Rourke and his comments about religious institutions’ tax status.

Columbus Day may even provide perspective on what to do with historical monuments. The celebration of Columbus Day started in part out of a response to the lynching of Italian Americans in New Orleans, one year before the 400th anniversary of Columbus’ discovery of America. Can you try to protect people who suffered discrimination by celebrating someone from that group who it turns out inflicted suffering on a minority group? If the historical context for the creation of a monument is important for assessing a statue, doesn’t that give some protection for Columbus statues and the holiday?

Figuring out what to do with Latinos and Hispanics in all this, since it was the Spanish monarchy that underwrote the Italian explorer, is above my paygrade.

One last wrinkle: is it a form of bigotry to think of the mafia when you consider Italian-American identity? It may be, but organized criminals have inspired some of the greatest moving pictures on earth. Don’t forget, though, that other ethnic groups were involved in organized crime.

For Italian vs. Irish mobsters, with a dash of Jewish crime, see Miller’s Crossing.

For Jewish gangsters, see Liberty Heights.

And for Greek, Polish, and African-American gangsters (and boy were they organized), there is always The Wire.

What’s the Difference between a Pro-Refugee Evangelical (Tim Keller) and a Democrat (Dianne Feinstein)?

Published on by D. G. Hart110 Comments

Short answer: neither quotes the Bible.

Notice for instance the parallels among the National Association of Evangelicals, Ed Stetzer, Evangelical leaders (among them Tim Keller), and the Democrats.

The NAE:

“Christians and churches have been welcoming refugees for 2,000 years, and evangelicals are committed to continue this biblical mission. Thousands of U.S. evangelicals and their churches have welcomed hundreds of thousands of refugees over the past 40 years through World Relief and other federally approved resettlement agencies. We don’t want to stop now,” NAE President Leith Anderson said.

The Trump administration’s plans to make severe cuts to the admission of refugees are alarming. We call on President Trump to declare his support for the continuation of the U.S. refugee resettlement program, which is critical at a time when the world faces a significant refugee crisis.

Ed Stetzer:

Scott Arbeiter, president of World Relief, says it this way: “The decision to restrict all entry of refugees and other immigrants … contradicts the American tradition of welcoming families who come to the United States to start their lives again in safety and dignity. The American people — most of whom can trace their own families’ stories through a similar immigrant journey in search of freedom — are a hospitable people.”

He’s right. But, it’s not just because we are Americans. It’s because we are Christians.

God’s people should be the first ones to open their arms to refugees. We should welcome them and do what Christians, in your church and mine, have been doing a long time — showing and sharing the love of Jesus with them.

Tim Keller et al:

As Christians, we have a historic call expressed over two thousand years, to serve the suffering. We cannot abandon this call now. We live in a dangerous world and affirm the crucial role of government in protecting us from harm and in setting the terms on refugee admissions. However, compassion and security can coexist, as they have for decades. For the persecuted and suffering, every day matters; every delay is a crushing blow to hope.

Since the inception of the refugee resettlement program, thousands of local churches throughout the country have played a role in welcoming refugees of all religious backgrounds. Ministries to newly arrived refugees are ready, and desire to receive many thousands more people than would be allowed under the new executive order.

The Democratic Party (according to Damon Linker):

Many liberals argue that refugees are among the most vulnerable people on Earth and so must be welcomed with open arms. That forcing undocumented immigrants to leave the country is gratuitously cruel, violates their rights, and so justifies municipalities flouting federal law by turning themselves into “sanctuary cities.” That banning entry to refugees or immigrants not yet within the United States can violate their due process rights under the U.S. Constitution. And that the desire to restrict immigration is invariably an expression of xenophobia, racism, and other forms of irrational animus and so morally (and perhaps constitutionally) indefensible.

All of these claims are, at bottom, expressions of a fundamentally anti-political humanitarian ideology that is unlikely to fare well in the next presidential election. Democrats desperately need to confront the vulnerabilities of this position and stake out a more defensible and pragmatic one if they hope to push back against Trump’s populist-nationalist message in upcoming years.

Of course, evangelicals don’t need to worry about running for election (though the likes of Russell Moore does need to worry about ministry dollars going somewhere other than the Southern Baptist cooperative program). But evangelicals who live in the United States may want to think (with help from Linker) about how to love their actual neighbors who live within U.S. borders (Walter didn’t see his buddies die face down in ‘Nam for open borders):

Many Americans believe that their constitution presumes or appeals to certain timeless, universal moral truths that apply to all human beings. But the U.S. Constitution itself — like the constitutions, fundamental laws, and commonly affirmed norms and rules of all political communities — is nonetheless instantiated in a particular place, rooted in a particular tradition. It also pertains and applies only to people who are members of the political community known as the United States of America.

Those who are members of this community are known as American citizens. They get a say in what laws get passed and how they get enforced. Those who are not members of this community — who are not citizens — don’t get such a say. The community is perfectly within its rights to decide which and how many of these outsiders will be allowed to visit the country, how long they will be allowed to stay, when they will need to go, and how many, if any, will be permitted to join the community permanently by becoming citizens.

This is one of the most elemental acts of politics: the community deciding who to admit and on what terms. To treat this act as somehow morally illegitimate is to treat politics as such as morally illegitimate.

In other words, evangelicals think like 1kers, as if the U.S. is a Christian community. Imagine welcoming non-Christians into fellowship in a Christian congregation. What sense does that make? So why should citizens of the United States act as if they are the United Nations of the World. As Linker says, it’s a complicated question how Americans decide what to do with outsiders:

Note that nothing I’ve said tells us anything about how many immigrants or refugees the political community of the United States should welcome at any given moment of history, or what criteria should be used to make this determination. I generally favor liberal immigration policies; many Trump voters take a very different view. The point, as Josh Barro recently argued in an important column, is that the policy debate needs to be made in terms of the good of the political community as a whole and in its parts, not in terms of abstract, extra-political moral duties owed to prospective newcomers. A political community exists in large part to benefit itself — to advance the common good of its citizens. There’s nothing shameful in that. It’s to a considerable extent what politics is.

And don’t forget, if godless Democrats and progressive evangelicals agree that Jesus is on the side of refugees, w-w has failed.