I Believe

Does the state have a duty to provide resources for individual capability?

Let’s set the stage with some background.

June 21, 1788. New Hampshire ratified the US Constitution. With New Hampshire’s ratification, the Constitution became legal. The Constitution included this verbiage in the Preamble:

We the People of the United States, in Order to…promote the general Welfare…do ordain and establish this Constitution for the United States of America.

The writers expanded the thought in Article 1, Section 8:

The Congress shall have Power To lay and collect Taxes…to…provide for the…general Welfare of the United States.

As ratified, the Constitution did not include the Bill of Rights (the first ten amendments.) James Madison introduced that series of amendments during the First Congress in 1789. President Washington sent 12 amendments to the states for consideration; the states ratified ten of these 12. The two amendments that were not ratified dealt with congressional representation and pay.

December 15, 1791. With Virginia’s ratification, the Bill of Rights took effect. The Bill of Rights focused on negative rights. It restricted government action to protect individual freedoms rather than mandate the government provide specific services.

There is one positive right in the Bill of Rights. The Sixth Amendment outlined the government would provide legal representation for those accused of crimes.

Let’s fast forward 95 years to…

The 1880s. The majority of the writings of Thomas Hill Green were published after his death. Green was a British philosopher and liberal idealist. His work sparked a significant change within liberal thought. He advocated for an expanded role of the state to ensure not just negative liberty (freedom from interference) but also positive liberty (the capacity to act and fulfill one's potential.)

Green posited the state had a duty to promote the common good. To fulfill this duty, Green outlined the state has an obligation to provide resources and opportunities for individual capability.

Let’s move forward again to…

February 3, 1913. Wyoming ratified the Sixteenth Amendment to the US Constitution. They are the last of the three-fourths of states needed for ratification. The 16th Amendment granted Congress the power to levy an income tax without dividing it among the states or basing it on the United States Census.

This amendment enabled the federal government to fund programs and services that can be seen as fulfilling positive rights, such as Social Security and Medicare.

Let’s highlight that event again. The 16th Amendment to the Constitution fundamentally changed the premise of rights in America. Yes, we still have a right to protection from the government, or negative rights. But the 16th Amendment added positive rights. It enabled the government to act in the best interest of the people.

Now that we have a common perspective on the transition from negative to positive rights, we can get to our question.

Does the state have a duty to provide resources for individual capability, as Green posited?

We need to break this question down.

First, what is the ‘state’? In Green’s context, the state is the government. Let’s establish that in and of itself, the government has no money. Dollars in use by representatives of the American people, either elected representatives or government workers, are assets of the American people. The state is the American people.

Second, what’s the implication of the term ‘duty’? In the context of Green's philosophy, duty implied the state had moral and ethical obligations to act in the best interests of its citizens. But duty implies a second consideration here—is individual capability infrastructure? Let’s consider both.

First, moral and ethical obligations must have a standard. Absent a defined standard, we have no obligation requirement to pursue. Whereas we have personal opinions of a moral or ethical standard, these opinions aren’t the same across America. As an example, a progressive might apply a personal standard to create a government program to distribute resources to support single mothers. At the same time, a conservative would deem this an irresponsible use of public funds. Instead, the conservative might advocate for a local nonprofit to fill this need.

We have no defined statutory obligation that we must love our fellow Americans. Laws can mandate actions or prohibit behaviors, but they can’t drive care. Laws can encourage behaviors consistent with caring for and supporting one another, such as through community service or incentives for charitable donations. But they can’t compel feelings.

We have to eliminate ethical and moral obligations from consideration. Ethical and moral obligations originate from caring for each other. But the state can’t make us love each other.

Let’s return to our second ‘duty’ consideration—is individual capability infrastructure?

To answer our question, we need to ask—what is infrastructure? We traditionally understand infrastructure in terms of physical structures like roads and bridges. But infrastructure encompasses more than this narrow view.

Infrastructure is physical, such as transportation (roads, railways, airports) and communications (internet, telecommunications). It’s social, such as schools and hospitals. Economic infrastructure facilitates trade, investment, and the efficient flow of goods and services. Infrastructure is energy, such as supporting defense, agriculture, and heavy industry. Infrastructure is worker training. Businesses have a vested interest in a skilled workforce.

In short, infrastructure is national capability. It’s physical and conditional. Infrastructure makes society function.

Now that we have established capability as infrastructure, we can get back to the crux of the matter. Does the state have a duty to establish and maintain infrastructure supporting society?

The clear answer to this question is ‘yes,’ the state has a duty to support national infrastructure. Infrastructure leads to capability. National capability is cumulative individual capability.

Let’s simplify our logic.

Does the state have a duty to establish and maintain infrastructure supporting society?

Yes.

Is national capability infrastructure?

Yes.

Is a skilled and capable populace national capability?

Yes.

Therefore, does the state have a duty to provide resources for individual capability?

Yes.

In pictorial form:

An obvious question as to whether the state has a duty to provide for individual capability is…how? We can examine that question at a later date.

But, the crux of the matter, the decisive element, is not how. There is more than one acceptable approach.

The decisive element is a skilled and capable populace integral to national capability.

May God bless the United States of America.

Even if we call something by a different name, that doesn’t make it true. The bedrock of America is liberty. We’re all liberals!

Abraham Lincoln liked to tell a profound truth with a simple analogy. The analogy is recounted in REMINISCENCES OF ABRAHAM LINCOLN, copyright 1885, pg 242.

In the story, someone asks a boy how many legs his calf would have if he called its tail a leg. The boy replies, “Five.”

The boy’s answer prompts a quick response that calling the tail a leg doesn’t make it a leg. The point, Lincoln highlighted, was that it’s still a tail, regardless of what it's called.

Calling something by a different name doesn’t change what it is.

And the reality of Americans is that even if you call us by different names, we’re all liberals.

“Liberal" and "liberty" share the same root word. It’s the Latin word "liber," which means "free." The shared etymology reflects the core value that underpins liberal thought.

Liberals believe in liberty. The bedrock of America is liberty. To expand on that thought:

Liberals believe in natural rights. We believe we inherently possess certain rights by virtue of being human. Governments don’t create these rights. In America, we believe in the right to life, liberty, and the pursuit of happiness.

Liberals believe the primary role of government is to safeguard these rights. A foundational idea in liberal thought is social contract theory. We prioritize individual freedoms and limit government power to protect our rights. We created a Bill of Rights and made other Constitutional Amendments to achieve this purpose.

Liberals believe we need to protect ourselves from tyranny. Liberal philosophy advocates for separating government powers as a safeguard against tyranny. We are a democratic republic instead of a pure democracy to protect ourselves from both the tyranny of the government and the tyranny of the majority. At the individual level, we believe in the right to protect ourselves.

Liberals believe in the rule of law. We emphasize laws apply equally to all and are made through a transparent, democratic process. We see the rule of law as essential to prevent arbitrary rule and protect individual rights. Without the rule of law as a critical institution, society would become a war of all against all. Keeping the peace requires laws and law enforcement.

Liberals believe in negative and positive rights. Liberals believe in negative rights — justified claims to be left alone. Freedom of speech is an example of a negative right. Liberals believe in positive rights — rights requiring someone to act to provide us with the right. Infrastructure and defense are examples of positive rights the government acts to provide. The concept of infrastructure is embedded in the idea of the social contract. We expect the government to use public resources to provide basic services essential for collective well-being and economic development.

Liberals share similar views regarding economic principles. Economic freedom is a critical component of the liberal tradition. We believe in free markets, the right to private property, and limited government intervention in personal financial affairs.

Liberals believe in cultural and social liberty. These rights include the freedom of speech, religion, and association. This is a belief fundamental to a liberal society. We believe individuals have the right to make personal choices that affect their lives and well-being. Henry David Thoreau described this as the right to "march to the beat of a different drummer.”

Do we all agree with every philosophical point of liberalism? No. Most of us don’t study and don’t even want to study the philosophy. Individuals may not align perfectly with every tenet of liberalism, but the foundational principles lay out American society.

Across parties, there is much room for common ground. The basic principles of liberty, equality, individual rights, and representative democracy are widely shared across our political spectrum. These principles form the bedrock of American political culture. We enshrined them in our founding documents, including the Declaration of Independence and the Constitution.

At their core, American conservatives and progressives alike share a commitment to liberal principles.

American conservatives are liberals. They emphasize limited government, individual freedom, and a free-market economy. These principles are classical liberal philosophy. Conservatives advocate for preserving individual liberties and rights, upholding the rule of law, and maintaining a system of government that restricts the state's power over the individual—all fundamental liberal ideals.

American progressives are liberals. They seek to expand rights and freedoms to include social and economic equality. This is a liberal principle. Progressivism also stems from liberal foundations, particularly the belief in democratic means to improve society and protect the rights of all citizens.

In sum, conservatives and progressives are liberals. Liberals believe in liberty. Both groups promote an America where individuals are free to pursue their own version of happiness, even if their approaches to achieving this vision differ.

Abraham Lincoln's analogy enlightens a fundamental truth: calling something by a different name doesn’t change what it is.

Call both groups what you will, but American conservatives and progressives alike are liberals. We believe in liberty.

Core liberal principles—a belief in natural rights, individual freedom, economic liberty, the rule of law, and protection from tyranny—unite us.

We have competing views on how to best achieve our vision. At the same time, our shared foundation will bridge our divides.

May God bless the United States of America.

Postscript AI generated from the audio version:

I was on BlueSky this week, which is a social media capability similar to Twitter.

I saw a thread that an American individual and some Europeans were commenting on how America's democracy is flawed.

The American posited that the Constitution is part of the problem for American democracy.

I totally agree with his take that our Constitution outlines that we aren't a pure democracy.

Because we're not a pure democracy.

The foundation of America is not democracy.

The foundation of America is individual liberty.

Our Constitution wasn't a mistake.

It didn't outline that we're not a pure democracy because the founders messed it up.

James Madison even wrote Federalist Paper No. 10, outlining how representative democracy with divided power protects individuals from the tyranny of government and from the tyranny of the majority.

A pure democracy doesn't protect individuals from the tyranny of the majority.

That's why we're not a pure democracy.

And I didn't want to write an entire article about it because people think I'm crazy that I write an article about how America is not a democracy.

America is a democratic republic.

We're not a pure democracy.

It's not an accident.

So, to the gentleman on BlueSky, I just wanted to leave a note.

We didn't mess it up.

We're not a pure democracy.

We are a constitutional democratic republic that protects liberty over democracy.

The American Dream is part of the institution of America. How would we enable young Americans to progress toward the American Dream?

Two weeks ago, we considered steps conservatives could take to preserve the American Dream. They involved low government and business-first approaches to address wages and home ownership.

In addition to conserving the vision, we need to enable Americans the ability to realize it. Americans born from any walk of life should be able to decide their own potential.

Let’s have a quick refresher about Progressives and the American Dream.

Progressives view government as an intermediary between businesses and the public. They advocate for regulations and policies that they believe protect the greater interest.

Progressives seek:

* Equality of Opportunity. Progressives intend to create conditions where everyone has a fair chance to succeed. They strive to address systemic inequalities in education, healthcare, and employment.

* Social Justice. A vital element of the progressive vision is the pursuit of social justice. They advocate for the rights and welfare of marginalized and disadvantaged groups.

* Economic Reform. Progressives believe the government should regulate the economy to ensure fair outcomes.

January 11, 1944. President Franklin D. Roosevelt (D) delivered the year’s State of the Union address to Congress. America was fighting in the Pacific and European theaters in World War II. Few American households remained untouched by military service or homefront support. Americans looked forward to getting their sons home.

Against this backdrop, FDR called for a second Bill of Rights for all Americans. He aimed to extend the promise of the American Dream to every citizen.

In the address, FDR called for several expanded rights for Americans. Among them, he included:

* “The right to earn enough to provide adequate food, clothing, and recreation…”

* “The right of every family to a decent home…”

Before we move on, we need some common understanding of FDR’s statements. We need to think more to clarify — what is a right?

The Markkula Center for Applied Ethics at Santa Clara University studies rights. In the Journal of Ethics - Volume 3, Winter 1990, Claire Andre and Manuel Velasquez state that:

A right is a "justified claim" on others. For example, if I have a right to freedom, then I have a justified claim to be left alone by others. Turned around, I can say that others have a responsibility to leave me alone. If I have a right to an education, then I have a justified claim to be provided with an education by society.

A great example that highlights negative and positive rights in the same paragraph.

A negative right protects individual liberty. In the example above, a negative right is a justified claim to be left alone. Our right to free speech is a negative right. Our speech is protected from the government. You can’t be jailed for speaking against the government. The government takes no action to give us free speech. A negative right requires others to do nothing to ensure your rights.

In contrast, a positive right requires someone to take action to provide us with the right. There are two ways to look at positive rights.

The example above highlights the first way to look at positive rights. It identifies a right to education as an entitlement. If we have a right to education, Americans are responsible for providing other Americans with education.

We should not look at rights as entitlements. This way of looking at positive rights is divisive. Considering positive rights this way means you can choose to do nothing and still be given rights. Believing you have a right to education as an entitlement implies that your fellow Americans have a responsibility to give you an education.

However, the second way of looking at positive rights is helpful. We must consider that no one has a right to anything they aren’t willing to work for.

The second way to view positive rights is as an obligation for Americans. Not for the rights themselves but for societal conditions, stated as:

We must create an environment that empowers our fellow citizens. They must be able to actively pursue and attain their own rights.

Americans have no right to education. But Americans have a right to rules that enable them to pursue their education.

Americans have no right to healthcare. But Americans have a right to access to healthcare. They also have a right to make their own healthcare decisions.

And back to FDR’s points:

Americans have no right to free resources for food, clothing, and recreation. But Americans and their families have a right to wages above the poverty level.

Americans have no right to decent housing. But Americans have a right to rules that support home ownership for those who qualify. And at a level attainable in the current market.

Progressives view the government as a mediator. It ensures fairness and addresses systemic disparities. They emphasize equality of opportunity, social justice, and economic reform.

In this light, we need to consider progressives and the American Dream.

Two weeks ago, we considered conservative approaches to preserve the American Dream. They had low government involvement. They prioritized business-first perspectives to address wages and home ownership.

Now, we consider progressive approaches. These will enable Americans to make progress toward the American Dream. We will address the same areas—wages and home ownership.

Progressives and Wages

Poverty is a drain on society. Reducing poverty leads to a healthier workforce. It also leads to a better educated one. It reduces crime rates and spurs economic growth. According to US Census Bureau data published in 2021, a little more than 37 million Americans live in poverty.

Employers who pay low wages burden the American taxpayer. They force the taxpayer to care for others through social welfare programs. The American taxpayer subsidizes these businesses. They do this by paying dollars that the companies should pay themselves.

Chief Justice Charles E. Hughes wrote the majority opinion for the US Supreme Court case West Coast Hotel v. Parrish in 1937. Hughes noted a similar problem in the challenge to a minimum wage. He said, "What these workers lose in wages, the taxpayers are called upon to pay. The bare cost of living must be met .... The community is not bound to provide what is in effect a subsidy for unconscionable employers.”

A tool to address poverty for working Americans is to raise the minimum wage above the poverty level. In Minimum Wages and the Distribution of Family Incomes, published in the American Economic Journal in 2019, Dr. Arindrajit Dube found:

There is robust evidence that minimum wage increases over the past 30 years have boosted pretax-and-transfer incomes at the bottom of the income distribution.

And further found that after raising minimum wages:

Policies like cash transfers, SNAP, and tax credits are better targeted to raise incomes for those at the very bottom of the income distribution.

There are challenges with addressing poverty using the minimum wage as a tool. Some young Americans work part-time jobs, and their pay rate is set at the minimum wage. Raising the minimum wage for part-time workers could threaten their job opportunities. What’s more, the cost of living varies broadly across the country. A Federal standard for a minimum wage is inappropriate. Finally, the minimum wage lacks political consensus.

Instead of raising the static minimum wage, we could address the issue with legislation such as this:

Employers shall pay full-time wages representing a rate no less than the poverty level plus 50%, assuming the worker and three dependents, for that locality.

This proposed legislation addresses the difference between full-time and part-time workers. It would set a minimum rate of full-time worker pay high enough to lift their family above the poverty level. And because the rate of pay is based on locality, it would take cost of living differences into account. Finally, it addresses the need for more political consensus by identifying a rate of pay based on the poverty level rather than a static number. You can read more about this idea here:

In addition to raising wages, we need to set conditions enabling more young Americans to buy starter homes.

Progressives and Housing

Home ownership is the decisive element of generational financial stability. To strengthen economic security for young Americans, we need to address home ownership.

We need to increase the supply of starter homes. In Conserving the American Dream, we noted that the housing supply has not kept up with population growth. Since 1970, the supply of housing has been going down. We need a market-based solution to increase supply.

On January 26, 2024, the Wall Street Journal published two articles detailing challenges young Americans face when buying a starter home. As a result of these challenges, the age of first-time buyers is increasing. Parental assistance to children for help with a downpayment is more common. In short, the starter home market is unaffordable for young Americans.

We need to increase the supply of housing for first-time homebuyers. And we need to set conditions to help young Americans buy starter homes.

Young Americans need to be able to secure their financial future early in adulthood. Our young generations need the ability to purchase their first home at a low interest rate.

We need legislation supporting a first-time homebuyer benefit of a 3% interest rate. We need to combine this interest rate with a US Department of Housing and Urban Development loan, which requires a 3.5% down payment.

After their one-time use, if a family wants to purchase a more expensive home, that’s their decision. If they want to own the asset, they own the risk and higher interest rate that comes with the asset. This plan also needs to disqualify private equity or investment firms. We need to specify single-family homes, single-unit duplexes, apartments, etc.

You can read the details here:

All Americans should be able to decide their own potential. They must be able to achieve this through effort and dedication. It doesn't matter the station of their birth.

Americans don't have the right to free resources for food, clothing, and recreation. But Americans and their families have a right to wages above the poverty level.

Americans have no right to decent housing. But Americans have a right to rules that support home ownership for those who qualify. And at a level attainable in the current market.

We can use progressive approaches to achieve our goal in at least two areas. We need to increase wages. And we need to set conditions enabling favorable terms for first-time homebuyers.

In short, we must enable young Americans to progress toward the American Dream.

May God bless the United States of America.

America is an ideal. We have equal rights to life, liberty, and the pursuit of happiness. We believe liberty is more final than death.

Believing we've achieved this ideal makes you inherently conservative. If you see the ideal as unmet and strive towards it, you're a progressive.

Like conservatives, progressives believe in the American ideal. Some philosophy guides conservatives. We spent the last couple of weeks exploring Edmund Burke’s conservative approach.

There is no one progressive philosopher. But even if progressives don’t have an underlying philosophy, they still have an ethos.

The ethos of progressives is to make progress toward the American ideal. This ethos centers around several fundamental principles, including:

* Social Justice: Progressives advocate for fairness and equality in society. They focus particularly on marginalized groups.

* Economic Reform: They promote policies that address income inequality. They advocate for fair wages and support social programs.

* Inclusive Democracy: They support broad voter participation and fight against voter suppression.

* Educational Equity: They push for equal access to quality education.

* Diplomacy: Progressives advocate for diplomatic solutions in foreign policy.

In two other areas, progressives take notable approaches.

First, they often rely on a government approach to achieve goals. Progressives view government as an intermediary between businesses and the public, often advocating for regulations and policies that they believe protect the greater interest. They see taxation as a fundamental tool for funding government operations and services. They see the government as having a positive role in providing public services and ensuring social responsibility.

Second, progressives focus on pragmatic solutions.

One of the first great progressives was President Theodore Roosevelt (R).

All Americans burned coal in the early 20th century to heat their businesses and homes. Coal was the lifeblood of America. Apartments, hotels, restaurants, trolleys, mills, and manufacturers all needed heat from coal. Millions of Americans relied on coal for heat and industry.

May 12, 1902. The United Mine Workers of America began the Coal Strike of 1902. One hundred forty-seven thousand miners in Pennsylvania stopped work. They demanded better working conditions. They wanted higher wages and shorter working hours. The strike threatened the nation’s coal supply during a harsh winter.

On the side opposite the miners, a group of mine owners, bankers, and railroad owners refused to negotiate with or even recognize the union. The mine owners hired 5,000 security men for a private police squad and took action to intimidate the workers. The Pennsylvania state legislature authorized this Coal and Iron Police to enforce company interests. For a nominal payment of $1 for each man, the state Governor signed their police commission.

But the strike hung on. Americans formed coal lines to get their daily allotment. Some call it the most significant strike ever.

Violence ensued from both sides. Incidents of arson and property damage rose. Seven men died. Pennsylvania Governor William A. Stone activated 3,000 National Guard troops in July to restore order. By October, he had activated the whole Pennsylvania National Guard, 8,750 soldiers.

Enter President Theodore Roosevelt. He was a man of action and wanted the American people to have the coal they needed for the winter. He asked his Attorney General, Philander Knox, what he could do. It turned out Roosevelt could act as a strikebreaker and send the military to force the workers back to work. Four presidents before Roosevelt had done so.

That’s worth noting again. Four Presidents before Teddy Roosevelt sent American soldiers to break a strike by forcing men back to work or taking over their jobs. The government siding with industry and threatening violent force against workers doesn’t encourage warm labor relations.

Knox told Roosevelt that, besides being a strikebreaker, he had no other power to end the strike.

Roosevelt rejected Knox’s counsel. He wanted a more balanced approach to labor relations.

Roosevelt took a progressive approach to labor relations. Instead of using military force to break the strike, Roosevelt sought a mediated solution. He established the Anthracite Coal Strike Commission. Roosevelt appointed Judge George Gray to lead the commission to study workers’ complaints and find common ground.

There was plenty of pushback against Roosevelt’s position. Critics argued that he overstepped presidential power. Many stated that the government had no right to intervene in private business affairs.

A tense October arrived. The weather turned colder. On October 3, the President called the mine owners, workers, and mediators to a meeting at the White House. Roosevelt recognized the union, but the mine owners rejected negotiation. Roosevelt believed he had failed. The Pennsylvania governor sent the National Guard to dig coal in the mines, but the soldiers didn’t know how to mine coal. The strike continued.

Frantic political maneuvering ensued. Meetings in smoky rooms and behind closed doors found progress. Finally, mine owners and coal miners agreed to arbitration.

The miners agreed to go back to work as part of the agreement to negotiate. The coal mines reopened on October 23, 1902. The strike lasted 163 days. The commission continued to act as a go-between. It studied and recommended changes in wages and working conditions that all parties accepted. The miners didn’t get all their demands, but they got significant improvements in wages and work conditions.

In sum, President Roosevelt rejected a heavy-handed approach to American labor. He found a solution for the Coal Strike of 1902 that laid the foundation for progressivism.

Progressives view the government as a go-between representative for the people. An intermediary. In the early 20th Century, Roosevelt championed the Square Deal, advocating for fairness and equality across American society. And progressives continue to move toward the American ideal, from Roosevelt’s time to today.

Progressives led constitutional amendments and civil rights legislation to secure the right to vote for women and minority groups. These efforts make the American democratic process more inclusive and fair.

They champion laws to protect consumers from unsafe food and drug products and unfair business practices. Progressive reformers pushed for regulatory bodies to protect consumers.

They advocate for public education and reform to make education more equitable and accessible. They commit to education as a tool for social improvement and individual empowerment. Progressive philosopher and educator John Dewey argued that education prepares individuals to participate fully in a democratic society, fosters critical thinking, and promotes a sense of community and social responsibility.

Progressives advocate for labor rights, leading to laws that regulate work hours, child labor, and workplace safety. These initiatives improve the living and working conditions of the American working class.

If conservatives seek to conserve the American ideals of enlightenment liberalism, then:

American progressives seek to progress the American reality toward the ideals of enlightenment liberalism.

America is an ideal. We all have equal rights to life, liberty, and the pursuit of happiness. We believe liberty is more final than death.

But we aren’t perfect yet.

If you believe in conserving the institution of the American ideal, you’re a conservative.

If you see the ideal as unmet and strive towards it, you're a progressive.

You can believe in conserving the American ideal and believe in progressing toward it at the same time.

May God bless the United States of America.

We need to conserve the American Dream. It motivates and shapes the American spirit.

All Americans should be able to decide their own potential. They must be able to achieve this through effort and dedication, regardless of where they were born.

In at least two areas we can use conservative principles to achieve our goal. We need to increase wages. And we need to create a healthy supply of move-in ready starter homes.

Last week, we examined the philosophy of Edmund Burke. He's the father of conservative thought. Burke stressed the value of tradition and experience in political decision-making. He advocated for evolutionary rather than revolutionary change. His skepticism of radical ideologies underscored a pragmatic approach. This approach balanced reform with preserving established systems.

But Burke was not averse to change.

In the face of the American Revolution he didn’t oppose progress. Burke understood that rigidly clinging to the status quo could lead to greater upheaval. In his view, balancing tradition with reform was vital to uphold core principles.

Note the stark irony in Burke’s situation. Burke sought to conserve the British Empire through practical change. Burke didn't intend allowing the American colonies self-governance as a concession. He saw it as a strategic move to preserve the larger structure of the empire. Burke saw that rigid, unjust traditional policies would only fuel rebellion. His approach was conservative at its core—an attempt to maintain the status quo by adapting it to new realities.

Burke's insights are particularly relevant to conserving the American Dream.

What do future generations of young Americans have to hope for, if not for the American Dream? It’s a symbol of a better life for all Americans, no matter their background.

Last October, The Wall Street Journal revealed just a third of Americans believe the American Dream is still alive. Ten years ago, more than half said yes. Stagnating wealth and shorter life expectancy weigh on our thoughts.

We need to save the vision. Preserve it. Conserve it. No matter your choice of words, Americans born from any walk of life should be able to decide their own potential.

Conservatism’s goal isn’t preserving the past. We owe nothing to previous generations. Conservatism’s goal is conserving the institution into the future. And part of the institution of America is the American Dream.

Conserving the American Dream

What is the American Dream? How can we conserve it?

The American Dream symbolizes equal opportunity to achieve success and prosperity. This success requires hard work, determination, and initiative. The vision often includes elements like financial security and home ownership.

The American Dream is of utmost importance in our national ethos and identity. It's intertwined with values like individualism and the pursuit of happiness. It's a motivator and a defining element of the American spirit.

It’s absolutely essential to conserve the opportunity for all Americans to succeed through their own means. In at least two areas we can address challenges to the American Dream. Those two areas are wages and housing.

The American Dream and Wages

From US Census Bureau data published in 2021, “In 2020, there were 37.2 million people in poverty.”

But we have a conundrum. If it were easy to end poverty we would already have done so.

We could mandate wage increases, but doing so threatens some businesses. Businesses need to grow revenue to pay higher wages.

Or we could address the problem by giving small businesses a tax incentive. This would grow revenue. Program guidelines would require them to pay higher wages to qualify. And we have an existing program to use.

A study titled Minimum Wages and Poverty: New Evidence from Dynamic Difference-in-Differences Estimates by the National Bureau of Economic Research offers insight. Dr. Richard Burkhauser and colleagues analyzed the impact of increasing the minimum wage. They identified:

The poor performance of past minimum wage increases in curbing poverty can be explained by two important factors. First, most working-age individuals … living in poor families are not employed and even fewer are steadily employed…. Second, minimum wage increases may cause adverse employment effects among some low-skilled workers.

Dr. Burkhauser found we need to expand the Earned Income Tax Credit (EITC) program:

In contrast to the minimum wage, expansions in … the Earned Income Tax Credit (EITC) may be more effective … to deliver income to the families (households) of the working poor than the minimum wage.

We could pair the small business tax incentives with EITC.

Conservatives created EITC with broad bipartisan support. It's a social program designed to benefit low- to moderate-income working individuals and families. The program particularly helps those with children. Studies find the program significantly increases workforce participation. It reduces poverty, stimulates the economy, and reduces income inequality. To qualify, individuals must meet income thresholds, have a valid Social Security number, and meet other criteria. This includes working a qualifying number of hours.

Conservative President Reagan (R) saw EITC as a way to help families without increasing their dependency on direct welfare. One of Reagan’s highest priorities in his second term was passing the Tax Reform Act of 1986. Along with cutting taxes, the act significantly expanded EITC. Expanding EITC was Reagan’s most significant domestic policy achievement. He said EITC was “the best anti-poverty, the best pro-family, the best job creation measure to come out of Congress.”

EITC is not a silver bullet. EITC is a social program. Instead of people getting enough money from their jobs, taxpayers give money to the government. The government then uses it to pay those who qualify. The ideal scenario is for workers to earn enough to support their families without additional aid.

Key takeaways from the proposal:

We should incentivize small businesses to pay workers higher wages as an alternative to a social program.

* Companies should receive a tax credit if they pay wages that allow workers to be self-sufficient. This incentive would make these companies more competitive. And it would reduce the need for taxpayer-funded social programs.

* Companies failing to meet this wage threshold would not qualify for the tax credit. This lack of competitive edge could lead to business failure. As a result, many businesses would offer livable wages.

You can read or listen to the entire proposal in the piece titled “Earned Income Tax Credit and Small Business Taxes”. It's available here:

The American Dream and Home Ownership

Home ownership is a central component of the American Dream. It represents stability, financial security, and a personal stake in the community. Further, home ownership is the decisive element of generational financial stability.

In recent years, established markets have skewed the home ownership market. They've turned housing into an investment opportunity. In 2022 investors purchased between 25% and 35% of all homes. Individuals investing in the housing market reduce housing available for first time homebuyers.

Further, housing supply has not kept up with population growth. In other words, since 1970 the supply of housing is going down.

Homeowners have the right to do as they wish with their property. However, reduced housing availability threatens the American Dream for millions. We need to address housing supply to conserve the American Dream.

We need to take a conservative approach and reduce home construction regulatory barriers. We must ease zoning laws, streamline the permit process, and cut bureaucratic hurdles. Home builders build larger, more expensive homes in part to overcome these challenges. These larger homes are difficult for first-time homebuyers to purchase. We need more starter homes.

And we need to make small changes to existing programs to increase starter home supply. To achieve this goal we need to incentivize business competition. The winner of the competition would build starter homes. This approach must aim to preserve the American Dream's aspect of home ownership.

Our benchmark: America needs a healthy supply of move-in ready homes for first-time homebuyers. Those homes should cost less than $150,000.

An idea to incentivize home builders to build smaller homes in both rural and urban America is to use the nation’s existing Small Business Innovation Research (SBIR) program. Adapting the SBIR model to the construction industry will boost innovation in starter homes. It will reward the most innovative designs. It will further reward the use of readily available materials. This incremental change to the SBIR program will increase the supply of small homes.

You can read or listen to more about this idea in the piece titled “Small, Affordable Homes.”:

We need to conserve the American Dream. It motivates and shapes the American spirit.

All Americans should be able to decide their own potential. Regardless of where they were born, they must be able to achieve this through effort and dedication.

In at least two areas we can use conservative principles to achieve our goal. We need to increase wages. And we need to create a healthy supply of move-in ready starter homes.

Sticking to rigid, unjust traditional policies may not fuel rebellion. But doing nothing could be even worse, erasing a core tenet of what it means to be American.

May God bless the United States of America.

What is American conservatism?

Edmund Burke is the father of philosophical conservatism. His ideas laid the foundation for conservative philosophy, particularly in the United States. He advocated preserving established institutions and societal norms, balanced by a cautious approach to reform and adaptation.

Born January 12, 1729, Burke was an Irish statesman and philosopher. His ideas and writings through the American and French Revolutions significantly influenced the development of conservative thought in both America and Europe.

Burke’s principles:

* Respect for Tradition and Established Institutions

Burke believed that traditions and institutions develop organically over generations and embody the collective wisdom of society. He argued that these traditions should be respected and preserved, as they provide stability and continuity.

Respect for tradition underpins many of his other principles, such as skepticism of radical change and the importance of gradual reform. This principle has had a lasting impact on conservative thought, emphasizing the value of continuity, respect for historical context, and the cautious evolution of societal norms and structures.

American conservatism's adherence to originalism in judicial interpretation reflects Burke's respect for historical traditions. The conservative focus on protecting Constitutional rights like the right to bear arms reflects Burke’s principle of safeguarding established freedoms. The preference for states' rights over federal authority aligns with Burke's skepticism of centralized power, which advocates for a balanced, decentralized governance structure.

* Prudence and Caution in Change

Burke advocated for cautious, gradual change rather than abrupt or revolutionary transformations.

He believed that society’s established institutions and practices evolved and embedded us with the collective wisdom of past experiences. He did not oppose change outright. Instead, he argued for an incremental approach, allowing society to adapt and manage unintended consequences.

For example, conservatives typically advocate for market-based solutions in healthcare, such as Health Savings Accounts (HSAs) and private health insurance options. This approach reflects a belief in established market mechanisms and a cautious approach to government intervention.

* Skepticism of Radicalism and Utopian Ideals

Burke was skeptical of radical political ideologies and utopian schemes, warning against the dangers of overthrowing established systems in pursuit of ideological goals.

In response to what many Americans saw as police brutality and the subsequent “Defund the Police” movement, conservatives saw a radical and utopian ideal that risked destabilizing an essential institution that, on the whole, protects individual Americans and their businesses.

* Practical Approach to Politics

Burke was pragmatic. He believed we should base political decisions on practical experience and specific circumstances rather than abstract principles or ideological dogmas.

Burke’s pragmatic views transcended political party thinking. In his 1770 Thoughts on the Cause of the Present Discontents, Burke wrote that a political party was (paraphrased for modern language) a group of people working together to advance the national interest based on their agreed-upon principles.

He advocated for pragmatic approaches. Many conservatives approach environmental policy by focusing on practical solutions that balance economic growth with environmental protection.

Now for some early American context. In the face of the American Revolution, Burke didn’t argue against progress. Burke sought to address the practical and political missteps of the British government and expressed that England should pursue conciliatory measures with the colonies. Burke was not against change.

For example, Burke was against the taxation of the American colonies. His advocacy for the colonies’ right to self-taxation demonstrated his respect for societal autonomy and skepticism of overarching authority. He gave two speeches, the second in March of 1775, advocating for the right of the American colonies to tax themselves and guide their affairs. Burke believed allowing the colonies to govern themselves would encourage them to remain united with England.

King George rejected this notion.

The American Revolution began a month later, on April 19, 1775, at the North Bridge in Concord, Massachusetts. On that day, the first American colonists fired on British troops, referred to as “Redcoats,” because of their red coats.

Along with Burke’s conservatism, another philosophical movement came into play in early America.

Burke’s conservatism drew from European society. European conservatism sought to preserve monarchies, aristocracy, and traditional social hierarchies, viewing them as stabilizing societal forces.

The American foundation had no aristocracy. As a result, the American foundation oriented towards a different philosophy. In a democratic republic where no monarchy or entrenched aristocracy existed, the principles of individual liberty, limited government, and the protection of private property led societal thought.

Enter John Locke’s Enlightenment liberalism, the foundation of American documents. Locke’s philosophy became the strong outline of the US Constitution.

In Two Treatises of Government, Locke’s broad ideas include:

* We believe we all have natural rights to life, liberty, and the pursuit of happiness.

* Government exists as a social contract wherein representatives serve with the consent of the governed.

* To prevent tyranny, we divide government power to include a system of checks and balances among the legislative, executive, and judicial branches.

The structure of our constitutional democratic republic, which flows from our Constitution’s structure, flows from Locke’s theories.

In the American context, Burke’s views contrasted and complemented Locke’s.

In combination, American principles weave threads of both Edmund Burke’s conservatism and John Locke’s liberalism. Burkean conservatives and enlightenment liberals don’t agree on all matters. Burke’s emphasis on preserving traditions and cautious reform countered Locke’s advocacy for radical individualism.

However, there is much common ground. So much common ground that today in America conservatism and individualism are nearly synonymous.

Burkean conservatives protect and promote individual freedoms, particularly those influenced by John Locke’s liberalism. Burkean conservatives advocate for limited government and divided power, a philosophy outlined by Locke. Burkean conservatives argue that individuals should take responsibility for their own lives, successes, and failures, rather than relying on government assistance or intervention. This principle is consistent with Locke’s views of the natural right of individuals to own themselves and the product of their labor.

Burke’s pragmatism and Locke’s revolutionary vision created a rich, complex foundation for American political thought. The two philosophies underscore our unique political evolution, where respect for historical institutions coexists with a commitment to individual liberty and democratic governance.

Stated another way:

American conservatism seeks first to conserve the American ideals of enlightenment liberalism.

American conservativism intends to preserve the principles of the American foundation, particularly the emphasis on individual liberty, limited government, and the protection of private property.

America owes allegiance to no man. There is no monarchy to preserve. There is no king. America is an ideal. Servants of the nation swear their oath to support and defend the Constitution. Therefore, American conservatism must seek to preserve the institution of the Constitution and not even a political party.

Pulling on the thread further, we can conclude that American conservatism must seek to preserve the people’s natural rights to life, liberty, and the pursuit of happiness. Representatives must strive to serve the nation’s interests instead of purely their interests, and must maintain a balance of power to protect the people from both the tyranny of the government and the tyranny of the majority.

What is American conservatism?

American conservatism represents the combined philosophies of Edmund Burke and John Locke. It incorporates respect for tradition, prudential governance, and individual liberty. It is a philosophy that values the wisdom of the past, seeks cautious progress in the present, and seeks a vision for a stable, prosperous future.

As we look ahead, American conservatives face the challenge of adapting these enduring principles to the evolving needs of a diverse and dynamic society.

The future trajectory of American conservatism lies in its ability to balance its foundational ideals with the realities of this changing world. It must navigate the complexities of modern governance while upholding the principles of limited government, individual rights, and respect for established institutions.

May God bless the United States of America.

Our last three articles/podcasts established conditions allowing for the legal and orderly movement of goods and people across the border.

In devising legal conditions supporting these activities, we created unambiguous indications that other movements across the border are illegal.

We need to stop the illegal movement of goods and people across the border. When there are legal options to move goods and people, there’s a high likelihood that other movements are illegal. These illegal movements are human traffickers, weapons smugglers, and drug runners.

How would we address these illegal movements?

Over the last month, we’ve considered effective and humane strategies to solidify our borders against illegal entry.

First, we looked at the history of naturalization and immigration and national immigration policy.

We have a long history of attempting to navigate the complex issue of immigration and border security. President Washington signed a law guiding naturalization and immigration, and we are still dealing with the issue today.

Over time, the nation’s immigration policies have trended towards the equal treatment of all attempting to immigrate. The US has not opened its borders to all, but immigration has changed from a skin color-based system to a system intended to attract skilled labor.

There’s another trend in the history. No Congress or President has supported open borders.

We are against open borders because undocumented immigration leads to abuse of immigrants and strains community resources, including healthcare, education, and law enforcement. What can we do about it?

We considered our first option to address our southern border: sending the US military to act against smugglers and illegal immigrants. That option wasn’t tenable for legal and practical reasons. You can catch up here:

Next, we needed more context. We considered the difference between an immigrant and a refugee and why the difference is significant. Immigrants choose to relocate to another country. Refugees flee their home country due to persecution, war, or violence. The immigrant and refugee differences present a multifaceted issue. While we have illegal immigration, much of the border crisis involves refugees.

On the one hand, we need robust border security to manage unlawful entry. On the other, the US ratified a refugee treaty, committing to protecting and providing assistance to those who qualify as refugees under international law.

And we need to take some of the refugee burden off our US border states.

The map clearly shows this issue isn’t a blue-state or red-state issue. It’s a geography issue.

To achieve our multifaceted goal of managing the refugee situation at the border, we need to increase the Department of Homeland Security’s capacity to manage the refugee situation at the southern border. We need to augment this capacity to take some of the burden off US border states. By leveraging the Department of Defense’s support of civil authorities role, we can improve medical assistance, logistical support, and disaster relief on the border.

Further, we can support our border states by distributing refugees more equitably nationwide.

If you missed it, here’s a link:

Third, we considered approaches we could use to address the underlying reasons for the refugee movement to the southern border. No matter the effort we make to enhance security measures at the US southern border, if we don’t stop the flow of refugees to the border, we will continue to have security challenges.

We must intervene with partnerships, building cooperative relationships with regional countries to address challenges jointly. We must develop and implement solutions that address economic challenges, reduce violence, and support political stability to achieve progress. Challenges in the region are deep-rooted and complex and require a long-term commitment from the US and its partners. Short-term measures are insufficient to create lasting change.

Focusing on economic development and security assistance will reduce the appeal of illegal activities and protect economic gains. When combined with respecting the sovereignty and self-determination of our southern neighbors, both efforts support political stability, laying the groundwork for further partnership to build strong, resilient societies in Central and South America.

We need to consider a Plan Colombia approach that we can adapt to other countries while avoiding excessive militarization or human rights concerns. Further, this adapted Plan Colombia approach must include regional cooperation among Latin American countries, not just bilateral partnerships with the US. Initiatives that foster collaboration on cross-border issues can address trafficking, migration, and economic integration.

A region with economic opportunity and security will encourage refugees to stay rather than move to the US southern border.

You can read or listen to the details here:

In sum, we have considered the history and context of the situation and walked our way through an often-called-for approach, sending the US military to the border, and found it not practical. However, just because one option isn’t suitable, we keep going.

We established how to support the systematic and efficient legal processing of immigrants and refugees in a way that supports our border states by distributing refugees more equitably nationwide. This legal and systematic approach is both orderly and humane.

We established how to set conditions that would result in fewer refugees traveling to the border. It’s a long-term commitment that won’t show results immediately. However, our partnership with Colombia demonstrated the approach is achievable.

There’s still a missing piece.

Despite our efforts to make refugee processing legal, orderly, and humane and our efforts to reduce refugees fleeing their home countries, we will still have illegal entry into the US. And we will still have illicit transit of weapons out of the US that support violence in Central and South America.

Because we set conditions allowing for the legal and orderly movement of goods and people across the border, we created unambiguous indications that other movement across the border is illegal.

And we need to stop the illegal movement of goods and people across the border. There’s a high likelihood these illegal movements are human traffickers, weapons smugglers, and drug runners.

To address these illegal movements, we must consider improving security along the border.

Tightening security along the border requires enhanced security measures, political will, and continual commitment.

Of course, we need enhanced border security and surveillance. We need more border patrol law enforcement officials, and they need state-of-the-art equipment. Border patrol officials, already doing great work, need outstanding training and resources to excel at their jobs.

We need officials to engage with border communities in policy development and implementation. We must educate communities about legal immigration to reduce misinformation.

We need enhanced physical and electronic security measures. We need redundant systems operating in different electromagnetic spectrums, such as Doppler radar and infrared, to supplement physical security barriers. We need persistent electronic surveillance systems. We need people to respond to alarms in a prompt timeline. We need enhanced human and systems intelligence. (Specific technological capability details omitted due to their sensitive nature.)

But we need to do more if we are serious about securing the border. When the incentive to smuggle goods and people is lucrative, criminals will find ways to defeat law enforcement.

American citizens smuggling weapons across the border defeat walls with hidden compartments in vehicles. They disassemble weapons and ship them in pieces, only to be reassembled south of the border. Drug smugglers dig tunnels, pay bribes, and leave caches for partners to find. Human trafficking guides, or coyotes, hide their victims in vehicle compartments and the terrain of unmonitored areas. They watch border patrol officials and find any patterns they can exploit.

We need political will to commit long-term to border security.

Solutions to some of these problems are going to be politically unpopular.

Let’s give an example. If we are serious about reducing weapons smuggling, we need to consider stricter gun control laws. US weapons destabilize and increase violence in Latin America. Violence in Latin America causes refugees to flee Latin America and move to the US. Therefore, US weapons leaving the US result in refugee movement across the southern border. In addition to stopping the flow of refugees to the border, we need to take care of our own business and stop the flow of weapons headed south.

In 1792, Congress passed a law that every citizen would arm themselves to provide national protection. Every household had to account for their weapons. In the early days of the nation, we had stricter gun control laws than today.

However, if we are serious about reducing refugees fleeing violent acts committed in Central America with US weapons, we need to find the political will to stop the movement of weapons across the US border. If gun registration isn’t a politically acceptable answer, we need to find an answer that is acceptable.

Just one example. It’s an easy example to cite and a tricky problem to address. It highlights that border security isn’t just about enhancing security measures. It involves political will, policy, community engagement, and international relations.

How would we stop the illegal movement of goods and people across the border?

We need systematic and efficient legal processing of immigrants and refugees alike at the border in a way that supports our border states by distributing refugees more equitably nationwide. This legal and systematic approach must be orderly and humane.

We must set conditions that would result in fewer refugees traveling to the border. It’s a long-term commitment that won’t show results immediately. But history demonstrates the approach is achievable.

Because we set conditions allowing for the legal and orderly movement of goods and people across the border, we created unambiguous indications that other movement across the border is illegal. There’s a high likelihood these illegal movements are human traffickers, weapons smugglers, and drug runners.

A significant piece of the puzzle is the border itself. There, we need enhanced security measures, political will, and continual commitment.

Solutions to some of these problems are going to be politically unpopular. Border security isn’t just about enhancing security measures. It involves political will, policy, community engagement, and international relations. But we must find acceptable answers if we are committed to US border security.

May God bless the United States of America.

The ideal path to managing the challenges at the US border is proactively addressing the conditions leading to the influx of refugees.

What approaches could we use to address the underlying reasons for the refugee movement to the southern border?

Two Roosevelts left indelible marks on US policy in Central and South America.

In the 1904 Roosevelt Corollary to the Monroe Doctrine, President Theodore Roosevelt (R) outlined a new assertive interventionist policy towards Latin America. He called for the US to intervene with an international police presence to correct instability and chronic wrongdoing by our southern neighbors.

Roosevelt’s doctrine led to a series of military interventions and occupations collectively known as the Banana Wars. To protect US business interests and attempt to restore political and economic stability in the region, the US invaded Cuba in 1906, 1912, and 1917. We invaded Nicaragua in 1909 and 1912, Mexico in 1914 and 1916, Haiti in 1915, and the Dominican Republic in 1916. Many of these invasions became occupations into the 1930s.

The US fought several of these conflicts over US business interests and control of banana plantations. All told, the US occupied six southern neighbors over 30 years. Major General Smedley Butler, twice awarded the Medal of Honor for his actions in the Banana Wars, was the most highly decorated US Marine Corps officer of the time. Following his retirement, he described himself as a “racketeer, a gangster for capitalism.”

In December 1933, President Franklin D. Roosevelt (D) declared the US would no longer participate in armed intervention to attempt to govern other nations. FDR’s policy became known as the Good Neighbor Policy. The policy improved trade relations with Latin American countries and helped form an alliance among Western Hemisphere nations during World War II.

There’s no causal statement one could make that FDR’s policy improved the long-term stability of Latin American and South American nations. Attributing the long-term stability of an entire region to one policy is overly simplistic. However, we can conclude that the Teddy Roosevelt Corollary damaged relations and promoted instability. Its imperialistic and patronizing approach disrupted local governance, supported authoritarian regimes, and created uncertainty and conflict.

Fast forward to today.

The ideal path to improving the situation at the US border is not to try and do what we are already doing, just better. Even if we make staggering improvements and initially reduce undocumented movement across the border by half, but we don’t make long-term improvements, what would we have accomplished?

The ideal path to managing the challenges at the US border is proactively addressing the conditions leading to the influx of refugees.

Enhancing security measures at the US southern border doesn’t address the decisive issue: the continuous movement of refugees toward the border. No matter the effort we make to enhance security measures at the US southern border, if we don’t stop the flow of refugees to the border, we will continue to have security challenges.

What’s the best way to reduce this flow of refugees across the US southern border? We need to reduce the demand for refugees from Central and South America to flee their homes.

In sum, to address border security, we need to tackle the root causes prompting refugee migration in the Americas.

We need a comprehensive approach examining economic instability, violence, and political turmoil in the Americas. Latin America is diverse. A multi-dimensional approach is essential. This approach should comprehensively tackle economic, social, and security challenges while being tailored to each country’s unique needs and conditions.

As was the case during Teddy and Franklin D. Roosevelt’s time, we have various options.

* We could do nothing and try to stop the flow of refugees across the border.

We could focus on border control without addressing the root causes of migration. While it might offer short-term success, more is needed to resolve the reasons refugees flee. Worse, this option may lead to a recurring or escalating crisis as the fundamental issues remain unaddressed.

* We could intervene with force.

Military force can bring immediate but temporary solutions. This approach risks destabilization, potential backlash against perceived imperialism, and long-term consequences that may worsen the initial problems.

Neither of these options seems fruitful.

* We could intervene with partnerships.

We could build cooperative relationships with regional countries to address the challenges jointly. The ultimate goal would be to achieve long-term solutions by addressing the root causes of instability and striving towards sustainable regional improvement. There’s a potential role for international and regional organizations, such as the United Nations, the Organization of American States, and other regional entities, to coordinate and support efforts to stabilize the region.

The most sustainable approach seems to be the third option - intervening with partnerships. To achieve progress, we must develop and implement solutions addressing economic challenges, reducing violence, and supporting political stability.

First, we need to address economic challenges in the region.

The United States implemented the Marshall Plan after World War II. The Marshall Plan is the shining example of an international policy that effectively addressed economic instability, violence, and political turmoil.

Following World War II, Europe was devastated. Our European partners faced economic ruin, political instability, and social upheaval. The risk of economic collapse and the potential spread of communism were significant concerns for the United States. Further, the US desired strong trade partners from allies it had in Europe.

At the beginning of the Marshall Plan, Will Clayton recognized the plan benefited America on the grounds of business interests. Newsweek described Clayton as “the principal architect of American post-war foreign economic policy.” Clayton founded the largest cotton brokerage firm in the world. Speaking of the Marshall Plan, he stated:

Let us admit right off that our objective has as its background the needs and interests of the people of the United States. We need markets--big markets--in which to buy and sell. - Will Clayton 1947 telegram to George C. Marshall

Democrats and Republicans alike have called for a Marshall Plan for Central America. Of course, post-WWII Europe and Central America are not the same. Many oppose a taxpayer-funded Marshall Plan applied to Central and South America because the conditions for the two regions are not similar enough to see dramatic benefits. They claim governance institutions in Central America are weak, and widespread violence further weakens the region’s stability.

Despite this opposition, efforts to address economic challenges in the region are already underway. Different presidential administrations take varied approaches. In an effort to reduce refugee migration, President Trump (R) froze $550M in taxpayer-funded aid for Central America that Congress authorized in 2017 and 2018, and an additional $450M in aid in 2019 when refugees kept moving to the southern US border. This year, Vice President Harris’ (D) Call to Action for Northern Central America announced she had organized $4.2B in private sector funding for Central America. The Harris-led initiative involves commitments from the private sector rather than direct funding from the US taxpayer. It’s an interesting model wherein investment from the private sector helps fund the achievement of public goals (such as addressing the root causes of migration).

Both approaches face significant challenges in leadership and the political landscape. In the short term, accountability with taxpayer dollars is appropriate. Any taxpayer-supported program must have robust monitoring and evaluation mechanisms to assess the effectiveness of interventions, allowing for improvements over time. Further, raising private investments to increase partner capacity also protects against the misuse of taxpayer funds. In the long term, systemic changes such as improving governance, education, and economic development may take a decade or more to develop.

Any funding approach needs to address fundamental economic push factors of migration, such as poverty and lack of employment opportunities. Tailored economic policies and initiatives should create jobs, promote entrepreneurial ventures, and stabilize local economies. We must implement educational programs and vocational training to equip individuals with the skills to succeed in their local economies. We must support initiatives promoting transparency, accountability, and protecting human rights.

Improving long-term economic conditions in Central and South America should reduce refugee migration as the countries have more economic resilience.

In addition to improving economic conditions in the long term, we need to help reduce violence in the region.

A component of reducing violence is building robust institutions. Federal, state, and local law enforcement efforts serve to protect Americans. Ioan Grillo, author of Blood Gun Money: How America Arms Gangs and Cartels, outlines a contrast between the US and Latin America:

But it is not those guns in civilian hands that make the difference between the United States and Latin America—it is institutions. Most Americans are not safe from a cartel storming their home to kidnap them because they have an AR-15. They are safe because the police and federal agencies have been hammering organized crime for decades. In Mexico, you see what a cartel hit squad looks like, and it is not something that you can stop on your own if they come for you, even if you have a bunch of guns.

In addition to providing support for Latin America for economic programs, we need to provide support and expertise for federal and local law enforcement programs to enable the people of Latin America to protect themselves.

Plan Colombia is a strong example of successful law enforcement and economic assistance. Significant funding for the Plan Colombia program started in 2000 with bipartisan support. The program focused on counternarcotics and counterterrorism. From 2000 to 2021, the US provided Colombia $12B in security and economic development aid, with very positive results. In 2015 alone, US exports to Colombia exceeded $15B. According to the US Global Leadership Coalition, homicides in Colombia were cut in half, while kidnappings and terrorist attacks declined by 90%. The US is now Colombia’s largest trade partner.

Rather than a Marshall Plan approach to Latin America, we need to consider a Plan Colombia approach that we can adapt to other countries while avoiding excessive militarization or human rights concerns. Further, this adapted Plan Colombia approach must include regional cooperation among Latin American countries, not just bilateral partnerships with the US. Initiatives that foster collaboration on cross-border issues can address trafficking, migration, and economic integration.

As a military force example, Representative Dan Crenshaw (R-Texas) advocates for US military force against the cartels. Crenshaw is himself a former Navy SEAL wounded in action during his third deployment to Afghanistan. Opponents state Crenshaw’s recommendations violate the sovereignty of, and threaten war with, our neighbors. In an interview with Grillo last week, Crenshaw identified that military intervention didn’t necessitate unilateral action by US forces and instead could include partnership and training with other national military forces. This option is tenable if partner nations reach out for training and assistance.

There’s another component of reducing violence in Latin America: US weapons.

Drug cartels pay Americans to smuggle weapons out of the US. Three relevant quotes from Grillo in Blood Gun Money:

Of the 16,343 firearms that Mexico submitted to the ATF [the US Bureau of Alcohol, Tobacco, Firearms, and Explosives] for tracing in 2018, 70.4 percent were definitively confirmed to have been made or sold in the United States.

Between 2014 and 2017, almost half, or 45 percent, of the firearms that Honduras submitted to the ATF for tracing were confirmed to be made or sold in the United States.

Honduras [is the] home of the biggest number of refugees arriving at the southern U.S. border.

US weapons destabilize and increase violence in Latin America. Violence in Latin America causes refugees to flee Latin America and move to the US. Therefore, US weapons leaving the US result in refugee movement across the southern border.

In addition to stopping the flow of refugees to the border, we need to take care of our own business and stop the flow of weapons headed south.

Economic development and security assistance work together. Economic development reduces the appeal of illegal activities. Security assistance protects economic gains. When combined with respecting the sovereignty and self-determination of our southern neighbors, both efforts support political stability, laying the groundwork for further partnership to build strong, resilient societies in Central and South America.

A region with economic opportunity and security will encourage refugees to stay rather than move to the US southern border.

What approaches could we use to address the underlying reasons for the refugee movement to the southern border?

No matter the effort we make to enhance security measures at the US southern border, if we don’t stop the flow of refugees to the border, we will continue to have security challenges.

We must intervene with partnerships, building cooperative relationships with regional countries to address challenges jointly. We must develop and implement solutions that address economic challenges, reduce violence, and support political stability to achieve progress. Challenges in the region are deep-rooted and complex and require a long-term commitment from the US and its partners. Short-term measures are insufficient to create lasting change.

Focusing on economic development and security assistance will reduce the appeal of illegal activities and protect economic gains. When combined with respecting the sovereignty and self-determination of our southern neighbors, both efforts support political stability, laying the groundwork for further partnership to build strong, resilient societies in Central and South America.

A region with economic opportunity and security will encourage refugees to stay rather than move to the US southern border.

May God bless the United States of America.

Are the people crossing the southern border refugees? What can we do about that?

There’s some additional context we didn’t address last week. What’s the difference between an immigrant and a refugee, and why is the difference significant?

Immigrants choose to relocate to another country. They move voluntarily, seeking better living conditions, economic opportunities, and family reunification. Immediate threats to their safety do not drive their move. To achieve the ability to relocate, they apply for visas or residency permits. They must meet specific criteria the destination country sets, including financial stability, employment, family ties, or skills. Immigrants have no international legal protections.

Refugees flee their home country due to persecution, war, or violence. Escaping threats to their lives or freedom compels them to leave. International law protects refugees. This law obligates host countries to provide certain rights and not return them to a country where they face severe threats to their life or freedom. They receive assistance from governments, international organizations, and nonprofits in their resettlement process, including help with housing, language training, employment, and access to social services.

The United States Senate approved the 1967 Protocol Relating to the Status of Refugees with no senators objecting under Record Vote No: 317 on October 4, 1968. The United States declared two grievances when it ratified the treaty, one related to taxation of the refugees and the other associated with Social Security.

President Lyndon B. Johnson (D) ratified the treaty on November 1, 1968.

The 96th Congress passed the Refugee Act of 1980 to further codify our commitment to refugee law. President Jimmy Carter (D) signed the act into law on March 17, 1980. This law authorized the President, in consultation with Congress, to set an annual ceiling on the number of refugees admitted to the US. It further led to the creation of the Office of Refugee Resettlement (ORR) within the US Department of Health and Human Services to oversee the implementation of refugee resettlement programs.

We have some illegal immigration at the southern border. But mostly, we have a refugee challenge.

Many individuals from Central and South America who come to the US border flee their countries due to violence, threats from gangs, political instability, or persecution. The US accepts some of these individuals as refugees. While many seek asylum, the US doesn’t grant all asylum seekers refugee status. The refugee determination process involves individual case assessments, and outcomes vary by individual. The number of refugees the US accepts per region per year changes with each presidential administration.

The United States committed to adhering to the laws and principles outlined in the agreement by agreeing to and ratifying the Protocol Relating to the Status of Refugees. These principles are:

* Non-Refoulement: The US agreed to ensure that refugees are not expelled or returned to countries where they face threats to their lives or freedom because of their race, religion, nationality, membership in a particular social group, or political opinion.

* No Penalties for Illegal Entry: The US agreed not to penalize refugees for their illegal entry if they come directly from a territory where they faced threats to their lives or freedom and they present themselves without delay to the authorities.

* Access to Courts: The US agreed that refugees should have access to the courts on par with nationals.

* Right to Work: The US agreed that refugees have the right to work and to the same treatment as nationals regarding employment laws and conditions.

* Welfare Access: The US agreed refugees should have access to social welfare equivalent to that of nationals of the host country.

In sum, the immigrant and refugee difference presents a multifaceted issue. While there is illegal immigration, much of the border crisis involves refugees. These are people fleeing extreme violence, persecution, or political instability, primarily from Central and South America.

This complex mix of illegal immigration and legitimate refugee movement presents unique challenges. On one hand, there is a need for robust border security to manage unlawful entry. On the other, there is a US-ratified refugee treaty commitment that protects and provides assistance to those who qualify as refugees under international law.

We need a nuanced approach that goes beyond the black-and-white classification of migrants and illegal immigrants and recognizes the grey reality of individuals arriving at the border. In essence, our response at the border needs to balance enforcing immigration laws with our obligations towards those seeking refuge from life-threatening situations.

Another point to consider is the distribution of refugee resettlement across states. Let’s consider the period from 2011 to 2022. During this time, seven states consistently emerged as primary destinations for refugees. Some states, specifically Florida and Washington, were among the top destinations in less than half of these years. No other states appeared on the list.

Depicting the data on a map is enlightening. The map clearly shows this issue isn’t a blue-state or red-state issue. This is a geography issue.

Refugees enter the US and then settle in their state of arrival, which means border states have more refugees. It further highlights the southern border receives more refugees than the northern border. The darker colors on the map indicate more refugees made those states a place of permanent residence.

We need to take some of the refugee burden off US border states.

Further, when we reject refugees legally, they still come into the country. Illegal entry across borders increases, along with human trafficking and other illicit activity. According to the Cato Institute, the US Border Patrol “recorded 41 percent more successful illegal entries in fiscal year 2019 than in 2016 and was on pace for 47 percent more through four months of 2020.” These refugees still settled in the US but with unknown numbers and locations. Undocumented and uncertain numbers of individuals then challenge state and local governments by making it difficult to plan and provide necessary services for residents and refugees.

The US Department of Homeland Security (DHS) leads refugee and immigration activities. Inside DHS, US Citizenship and Immigration Services (USCIS) leads the refugee admission process, including conducting interviews and determining refugee status. Other DHS agencies, including Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), play significant roles in managing border security and immigration enforcement.

Last week, we considered whether it was appropriate to send US military troops to the border for law enforcement. That option wasn’t tenable for both legal and practical reasons. However, there is no limitation on sending US forces to the border for humanitarian assistance.

Second consideration: Send troops to the border for humanitarian assistance

We need to increase DHS’s capacity to manage the refugee status at the southern border. We do need strong security measures against illegal entry. At the same time, we must provide humanitarian aid and support for refugees at the border, including healthcare, shelter, and legal assistance. Turning away all refugees only increases illegal entry. Instead, we need to make our process systematic and efficient.

We need to increase this capacity in a manner that takes some of the burden off US border states—processing refugees and allowing them to settle at a place of their choosing and with no assistance results in the majority of them settling in a border state. Additional states could help our border states rather than letting Texas, California, and New York absorb them all.

Though DHS leads refugee and immigration activities, the US military can provide nearly instant capability to address the issue. The military frequently engages in humanitarian and disaster relief operations domestically. This mission area in the Department of Defense is called Defense Support of Civil Authorities (DSCA). DSCA includes rescue operations, medical assistance, and logistical support. DSCA may further include disaster relief, emergency management, and other forms of assistance where the military’s capabilities are beneficial. The key aspect of DSCA is that it supports civilian authorities and the military acts in a supporting rather than a lead role.

Led by DHS, DoD could help establish semi-permanent refugee and immigration processing centers on the border, while also providing logistical assistance to refugees to take them beyond our US border states to settle.

This approach achieves several goals. It addresses immediate humanitarian needs and proposes a more equitable distribution of refugees nationwide. It alleviates the disproportionate impact on border states and contributes to a more systematic and efficient refugee processing system.

It encourages refugees and immigrants alike to attempt to enter the country legally. It dissuades human trafficking and other illicit entry into the country, giving unambiguous indications to law enforcement agents that other attempts to enter the nation are unlawful.

In sum, this approach aims to encourage legal entry, reduce illicit activities, and ease the operational load on border states, thereby addressing both humanitarian needs and border security concerns.

What are the most effective and humane strategies to solidify our borders against illegal entry?

Immigrants choose to relocate to another country. Refugees flee their home country due to persecution, war, or violence. The immigrant and refugee difference presents a multifaceted issue. While we have illegal immigration, much of the border crisis involves refugees.

On the one hand, we need robust border security to manage unlawful entry. On the other, the US ratified a refugee treaty, committing to protecting and providing assistance to those who qualify as refugees under international law.

And we need to take some of the refugee burden off our US border states.

To achieve our multifaceted goal, we need to increase the Department of Homeland Security’s capacity to manage the refugee situation at the southern border. We need to augment this capacity in a manner that takes some of the burden off US border states. By leveraging the Department of Defense’s support of civil authorities role, we can improve medical assistance, logistical support, and disaster relief on the border. We can then support our border states by distributing refugees more equitably nationwide.

Next week, strengthening border security measures by reducing the demand for migration. I look forward to you joining me.

May God bless the United States of America.

Can we send the US military to secure the southern border?

First, some background.

March 26, 1790. President George Washington (no party affiliation) signed the Naturalization Act into law. This law laid the groundwork for future US citizenship and immigration laws and reflected the racial and social biases of the time. It excluded Native Americans, indentured servants, enslaved people, free black residents, and Asians from eligibility for naturalization.

March 3, 1875. President Ulysses S. Grant (R) signed the Page Act. The Page Act represented the first ban on immigration into the US. The Page Act banned immigration for three groups: forced labor, felons, and Chinese women due to stereotypes of immorality.

May 6, 1882. President Chester Arthur (R) signed the Chinese Exclusion Act. This law was the first significant law implementing immigration restrictions based on nationality and race in the United States. Though the Page Act banned Chinese women, the Chinese Exclusion Act banned all Chinese laborers for ten years. Congress extended the ban until 1943. 

* A note from the National Archives: “In 2011-2012, Congress condemned the Chinese Exclusion Act and affirmed a commitment to preserve civil rights and constitutional protections for all people: the Senate unanimously passed Senate Resolution 201 in 2011; and the House of Representatives unanimously passed House Resolution 683 in 2012.”

El Paso, Texas. 1904. The first national border patrol agents, a small group of horse-mounted officials called Mounted Guards or Chinese Immigration Agents, began patrolling the US-Mexico border from El Paso to California. The US Border Patrol was born, though not established formally.

January 16, 1919. Nebraska became the 36th state to ratify the 18th Amendment to the US Constitution, banning the production, transport, and sale of alcohol nationwide. Americans refused to comply with the restrictions. As Mexico had no limitations on alcohol, alcohol and drug smuggling dramatically increased from Mexico into Texas.

May 24, 1924. President Calvin Coolidge (R) signed the Immigration Act, also known as the Johnson-Reed Act. The Immigration Act significantly restricted all immigration into the United States. This law established national origin quotas, drastically reducing immigration from Eastern and Southern Europe and virtually excluding immigrants from Asia. The quotas were based on a percentage of each nationality’s population in the US as of the 1890 census and favored immigrants from Western and Northern European countries.

May 28, 1924. President Coolidge signed the Labor Appropriation Act of 1924. This law formally established the US Border Patrol in response to the need for more rigorous control and monitoring of US borders in light of the stricter immigration policies outlined in the Immigration Act.

August 4, 1942. US and Mexican representatives signed a bilateral agreement to create the Bracero Program. In response to labor shortages during World War II, the two countries agreed to temporarily import Mexican agricultural laborers (braceros) into the US for work in agriculture and railroad maintenance. On July 13, 1951, President Truman (D) signed Public Law 78, formalizing and extending the Bracero Program. Public Law 78 governed Mexican laborers’ transportation, housing, and working conditions, aiming to regulate and protect the workers involved in the program. The Bracero Program ended in 1964.

October 3, 1965. President Lyndon B. Johnson (D) signed the Immigration and Nationality Act of 1965. It aimed to allow “those who can contribute most to this country – to its growth, to its strength, to its spirit” to enter the nation. The act abolished the national origins quota system and focused on reuniting immigrant families and attracting skilled labor to the United States. This law led to major demographic shifts in US immigration.

November 6, 1986. President Ronald Reagan (R) signed the Immigration Reform and Control Act of 1986. This law offered legalization to millions of undocumented immigrants while also implementing measures to strengthen border security and imposing sanctions on employers who hired undocumented workers.

November 25, 2002. President George W. Bush (R) signed the Homeland Security Act of 2002. This law established the Department of Homeland Security. It reorganized various federal agencies to better coordinate efforts for national security and emergency response, especially in the wake of the September 11, 2001, terrorist attacks. The act significantly impacted US immigration and border security policies.

Some keynotes to summarize the above.

Over time, the nation’s immigration policies have trended towards the equal treatment of all attempting to immigrate. The US has not opened its borders to all, but immigration has changed from a skin color-based system to a system intended to attract skilled labor.

Conservatives and progressives alike have offered immigrants the opportunity to move to or stay in America.

There’s another trend in the history. No Congress or President has supported open borders.

Only President Reagan (R) and the 99th Congress of 1986 offered legalization to undocumented immigrants who entered the country illegally. Of that event, Wyoming Senator Alan K. Simpson (R) noted that President Reagan “knew that it was not right for people to be abused,” and “anybody who’s here illegally is going to be abused in some way, either financially [or] physically. They have no rights.”

Presidents and Congress support legal immigration. Over time, immigration has trended towards a merit-based system wherein the nation accepts skilled labor over others. This approach aims to attract individuals who can contribute to the economy and society, aligning immigration policy with national economic and workforce needs. Both legislative actions and executive policies have increasingly emphasized skills, qualifications, and economic contributions as crucial factors in the immigration process.

No President or Congress has supported open borders because undocumented immigration leads to abuse of immigrants and strains community resources, including healthcare, education, and law enforcement. Though undocumented immigrants often take low-wage jobs, contributing to sectors like agriculture and construction, and do pay taxes, the immigrants are not able to benefit from their tax contributions. Illegal immigrants pay sales and property taxes (directly or indirectly through rent). Additionally, many contribute to Social Security through payroll taxes but cannot draw Social Security.

The most significant limitation for undocumented immigrants is that, though they do pay taxes, public resources such as hospitals and government agencies can’t plan and allocate resources due to the undocumented population’s uncertain status and number.

Demand for border crossing and transporting illicit goods into the US, transiting land, air, and sea, is strong. On MeatEater, Inc. podcast Episode 391: Border Patrol, Steve Rinella and crew hosted US Border Patrol officials Richard J. Fortunato, Charles Trust II, and James Searl to discuss border security. They share a fascinating discussion of US Customs and Border Protection law enforcement activities and highlight that if the incentive to transport goods and people is high enough, smugglers will push the envelope to find ways to move goods.

Now to the crux of the matter. 

What are the most effective and humane strategies to solidify our borders against illegal entry?

First consideration: Send troops to the border for law enforcement

Many presidential candidates preach they will send troops to secure the border. With exceptions including border disputes such as during the 1846-1848 Mexican-American War, the 1835-1836 Texas Revolution, and the 1910-1920 Mexican Revolution, no sitting US president has deployed significant military forces to the border. 

And for good reason. Once we establish national borders, border security no longer represents a military conflict. It legally becomes a law enforcement activity, and US military forces have law enforcement limitations inside the United States. Four sections of US Code apply to military operations and the southern border.

The first significant limitation to military forces performing a law enforcement function inside the United States lies in US Code Title 18, Subsection 1385 - Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus:

Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.

Title 18 § 1385 first came into law as the Posse Comitatus Act. On June 18, 1878, President Rutherford B. Hayes (R) signed this act into law, prohibiting the use of military forces for law enforcement unless explicitly authorized by Congress. This act is now the cornerstone of utilizing military troops in domestic law enforcement activities on US soil.

The second area applicable to a president attempting to use military forces to support border law enforcement is US Code Title 10. US Code Title 10 governs the organization and conduct of military forces. This section of US law both indirectly and directly impacts border activities. 

Indirectly, Title 10 limits law enforcement activities by the military. It outlines that the military’s involvement in law enforcement is supportive and will not infringe on the responsibilities of civilian law enforcement agencies. Military forces may support civilian law enforcement but will not directly perform civilian law enforcement activities. Under Title 10, the military may provide logistical assistance, technical support, and surveillance.

Directly, Title 10 § 275 restricts direct participation by military personnel in law enforcement activities, such as search, seizure, arrest, or other similar activities, unless authorized by law. These are law enforcement activities and are not appropriate for military members. 

Title 10 places another direct limitation on a president who would send troops to the border. Military members serve in one of three components: the Active Duty component, the Reserves, and the National Guard. Active Duty and Reserves components operate under Title 10 authority for all activities. However, the National Guard may operate under Title 10 or Title 32. 

Under Title 10, National Guard members are federally funded and under federal command, typically for missions outside their home state or federal missions outside or inside the United States. In this status, they are subject to the president’s orders and integrated into the regular armed forces.

Under Title 32, National Guard members remain under the command of their state governor but can receive federal pay and benefits. This status is employed for domestic missions within the member’s home state, such as disaster response or civil disturbance control.

When a president activates a National Guard member for a federal mission, such as a wartime mission, that member falls under Title 10 authority. When a state governor directs a National Guard member for a state mission, the member falls under Title 32 authority. This distinction is important because, without Congressional authorization, a president cannot activate forces for a federal mission and then give those forces to a state governor for direction. If there is no federal wartime mission at the southern border, National Guard members supporting border operations fall under the command of the governor of those states, not the president. 

Our final US Code limitation on military members supporting border operations falls in US Code Title 50, Subsection 1809. US military forces are generally restricted from collecting intelligence against US citizens due to legal and constitutional protections. Provisions of Title 50 and the related Foreign Intelligence Surveillance Act guide defense agencies in heavily scrutinizing intelligence collection against US citizens. Some foreign actors engage in illicit activities on the border, and some US citizens engage in illegal activities. Under certain conditions, such as drug trafficking, defense officials may permit intelligence collection against US persons. 

What are the most effective and humane strategies to solidify our borders against illegal entry?

We have a long history of attempting to navigate the complex issue of immigration and border security. President Washington signed a law guiding naturalization and immigration, and we are still dealing with the issue today.

Our first option to address security at the border, sending the US military to act against smugglers and illegal immigrants, doesn’t seem very tenable for both legal and practical reasons.

More options next week exploring technological, legal, and humanitarian strategies. I look forward to you joining me.

May God bless the United States of America.