The Natural Right to Preserve Property
America was founded on liberty and equality, in that the power to preserve property and free labor are natural rights. New York State policymakers must reprioritize the liberties of U.S. citizens over the equality of non-citizens. New York State Supreme Court’s Callahan v. Casey (1981) established a legal precedence for homeless residents’ right to shelter. Contemporary policymakers have since interpreted Callahan v. Casey to justify an equal right to shelter for illegal aliens. The equal sheltering of non-citizens has created a Statewide crisis, . infringing on the liberties guaranteed to U.S. citizens. Natural rights—namely liberty and equality—have become convoluted under these recent interpretations. The New York State Supreme Court must amend Callahan v. Casey; explicitly limiting the right to shelter to only U.S. citizens. Policymakers should note of the traditional context of natural rights and the hierarchy of liberty and equality, when considering commercial real estate for the construction of migrant encampments.
New York City boasts a population of 8.4 million people; the largest workforce in the nation, at 4 million workers; (EDC, Census). But “[n]early 1.4 million New York City residents, or 16% of the population, are non-citizens,” (EDC). New York State Constitution’s Article XVII enlists “aid, care and support of the needy” declaring homelessness a public concern, (Justia). It further reads that the previous stated support “shall be provided by the state,” (Justia). New York’s policymakers interpret the contextual definition of homelessness as it were in 1980s. America’s current migrant crisis is unprecedented beyond what was anticipated by the State. The city of New York neglects inalienable liberties of U.S. citizens under this pretext of equality. Policymakers should note the Biblical proverb that “[a] slack hand causes poverty, but the hand of the diligent makes rich,” (Proverbs 10:4; ESV). The Framers forewarned against policy like New York’s right to shelter—Publius warned if “any form of government becomes destructive…it is the right of the people to alter or to abolish it, and to institute new government,” (Capaldi & Lloyd p. 163). Equality, liberty, and the preservation of property must be considered by the New York legislature. The Apostle Paul warned to “[w]atch out for people who cause divisions and upset people’s faith by teaching things contrary to what you have been taught. Stay away from them.” (Romans 16:17). Paul reminds us that “[s]uch people are not serving Christ our Lord; they are serving their own personal interests,” (Romans 16:18a; NLT).
Equality Convoluted
Equality has become distorted under New York City’s policy initiatives, prioritizing non-citizens over the rights of its citizens. Jean-Jacques Rousseau (1712–1778) wrote of the delicate balance between individual liberty and collective equality. Rousseau asserted that “each man, in giving himself to all, gives himself to nobody;” (Capaldi & Lloyd, p. 89). Historian Allan Bloom (1930–1992) wrote of Rousseau that “[t]he primary consideration of the government is the virtue of the citizens,” (Strauss & Cropsey p. 797). The equality of illegal aliens detracts from the well-being of local communities—yet policymakers continue to accelerate its funding. NYC Mayor Eric Adams and the Hotel Association of New York City (HANYC) agreed to a $76.69 million deal in January 2024 for housing non-citizens. This followed Adams’ $1.365 billion pledge in 2023 to subsidize hotels for migrant housing. New York (NY) Governor Kathy Hochul announced a budget of $233 billion for 2025 to create migrant encampments, (HANYC). The NYC legislature repurposing Commercial Real Estate (CRE) overlooks man’s inalienable liberties. New York City policymakers legislating the equality of illegal aliens impacts the individual liberties of naturalized citizens. Moreover, these unaddressed factors challenge the founding principles of our nation, and God’s image of government.
Equity is not natural equality. New York City’s prioritizing undocumented illegal aliens over naturalized U.S. citizens rejects the purpose for its citizenry. Bloom observed Rousseau’s reverence for civic logic; that “men are naturally free and equal. Only a civil society which is a reflection of that nature can hope to make men happy,” (Strauss & Cropsey, p. 796). Foreign undocumented non-citizens prioritized through policymaking infringe on this reflection of nature. Policymakers persist in promising illegal immigrants the equal protections that are reserved for homeless veterans and disadvantaged citizens. The New York Disaster Interfaith Services (NYDIS) proceeded to justify further infringement on the freedom of religion. In June 2023 NYDIS announced that “50 houses of worship or faith-based spaces” would be used to house migrants, (NYC.gov). The city notes a surplus of “more than 210 emergency shelter sites” and “3,000 hotel rooms” to shelter non-citizen, (HANYC).
The Infringement of Liberty
Liberty must be prioritized over equality to preclude the propensity to exploit circumstances. Liberty acknowledges man’s natural power to preserve property through labor. John Locke (1632–1704) recognized that the liberty to labor was required to preserve property from nature. Locke wrote that “[h]is labor hath taken it out of the hands of nature, where it was common, and belonged equally to all her children, and hath thereby appropriated it to himself," (Capaldi & Lloyd, p. 13). Mayor Eric Adams and Governor Kathy Hochul both bear equal responsibility for these discriminative policies. Placing equality over the liberty of New Yorkers, obscures the meaning and purpose of citizenry. U.S. Citizenship is a guarantee of personal liberty, protected by Constitution alongside the recognition of God’s natural rights. Allan Bloom wrote that Rousseau believed “[m]an’s freedom still comes first…but he also sees the advantage in getting help from others and the necessity of doing his share,” (Strauss & Cropsey, p. 803).
Liberty, as recognized by the U.S. Constitution includes the natural power to preserve property, and the right to free labor. The Founding Fathers fought to ensure “life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men,” (Capaldi & Lloyd p. 163). Furthermore, that their powers would equally derive "from the consent of the governed,” (Capaldi & Lloyd p. 163). New York City’s tyrannic policies infringe the liberty of its citizens power to preserve commercial and residential property from nature. God instructs man on land’s proper allocation, that “[y]ou shall inherit the land by lot according to your clans. To a large tribe you shall give a large inheritance, and to a small tribe you shall give a small inheritance,” (Numbers 33:54a; ESV). New York City’s commercial property policy initiative overlooks this principle, giving small tribes large amounts of commercial property.
Mayor Eric Adams announced a State of Emergency in 2022 due to the surge of undocumented arrivals, (Comptroller). Adams and the Legal Aid Society utilized court-supervised mediation to reach a temporary settlement, limiting newly arriving single men, (Coalition). New York City policymakers then extended this initiative to housing undocumented unemployed non-citizens in residential units. The city of New York notes that “[u]ndocumented immigrant tenants and those seeking housing are protected from discrimination,” (NYC.gov) These policy initiatives shield from “individuals who sell, rent, or lease housing,” (NYC.gov). New York landlords do not receive just compensation for any resulting damages that occur. Landlords find themselves without legal precedence to evict undocumented migrants refusing to pay; and those unable, or unwilling to work. Illegal immigrants gain advantage under this State ordinance, equal to citizens in their protections. These include enhanced immunities from “owners, other tenants, managing agents, real estate brokers, and real estate agents,” (NYC.gov).
The Natural Right to Preserve Property
Man is decreed a natural obligation to preserve God’s land according to his labor. America’s Founders indicated that the liberty to preserve property and to labor are natural and inalienable rights. These Founding principles are overtly neglected by New York’s leaders and policymakers. Non-citizens are unjustly enriched by living in New York premises without bearing obligation for damages and wrongdoings. Citizens incur the cost to the surrounding community as newly arrived undocumented migrants await entrance into America. Using commercial property for immigration encampments erodes the value of the surrounding community. The stewarding of property is explicitly stated by God to be a natural right in the Old Testament. The Lord spoke to Moses, that, “[t]he land must not be sold permanently, because the land is mine;” (Leviticus 25:23a; NIV). The government’s obligation remains to preserve God’s land, not divide it unequally to enhance policy initiatives. Solomon’s proverbs remind us “[d]on’t cheat your neighbor by moving the ancient boundary markers set up by previous generations,” (Proverbs 22:28; NLT). Policymakers prioritizing for non-citizens sets a precedence ex ante that government initiatives are more important than community interests.
The Founding Fathers’ influences rejected the principles appropriated in contemporary homeless policy initiatives for New York’ real estate. John Locke wrote in his Second Treaties of Government, that there existed enough land on Earth for double its inhabitants; (Capaldi & Lloyd, p. 16). Locke blamed the “[i]nvention of Money, and the tacit Agreement of Men,” which ultimately placed a value on it, leading to its inequities, (Capaldi & Lloyd, p. 16). Political scientist Robert A. Goldwin (1922–2010) wrote of Locke that “[t]he third factor contributing to the penury of the earliest stage of the universal common is the lack of cultivation of the land: ‘land that is left wholly to nature . . . is called, as indeed it is, waste (§42),” (Strauss & Cropsey, p. 699). Locke asserted that “every man has a property in his own person,” in that “God, when he gave the World in common to all Mankind, commanded Man also to labor, and penury of his Condition required it of him,” (Gen 1:27) (Capaldi & Lloyd, p. 14). Policymakers’ unwillingness to prioritize the liberty of labor over equality has neglected Locke’s warning against spoiling. Once the liberty to labor is removed from property, it returns back to nature. Political scientist Martin Diamond (1919–1977) notes of Publius, that government’s “trusted representatives” were predicted to “inevitably subvert the republican rule to their own passions and interests.” Diamond notes the novelty of the founding principles enumerated in the U.S. Constitution; although contentious were described as “the glory of the people of America,” (Strauss & Cropsey, p. 939).
Conclusion
The New York State Constitution must be amended to preclude undocumented non-citizens. The power to preserve property and the right to labor are inalienable liberties that cannot be infringed by government. The Federalist Papers noted, “[t]o preserve their rule, the people must be patriotic, vigilant, and informed.,” (Strauss & Cropsey, p. 938). The Apostle Paul expressed the importance of government rooted in Biblical doctrine in his letter to the Roman Church. Paul scribed “[l]et every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God,” (Romans 13:1; ESV). New York policymakers must account for Christian morality when ensuring equal representation and the liberties of their constituency. Placing the equality of illegal aliens over the liberty of U.S. citizens has created an inequity that must be addressed. Non-citizen migrant encampments must be removed from commercial property. New York City’s policymakers must correct these infringements and inequalities, conserving both values of liberty and equality in traditional context.
Bibliography
Capaldi, N., & Lloyd, G., (2011). History of Political Philosophy. The University of Chicago Press. Kindle Edition.
Coalition. (Accessed on May 4th, 2024). The Callahan Legacy: Callahan v. Carey and the Legal Right to Shelter. Coalition For The Homeless. https://www.coalitionforthehomeless.org/our-programs/advocacy/legal-victories/the-callahan-legacy-callahan-v-carey-and-the-legal-right-to-shelter/
Comptroller. (Accessed on May 2nd, 2024). Asylum Seeker Staffing Contract Comparison and Review. Office of the New York City Comptroller Brad Lander. https://comptroller.nyc.gov/reports/asylum-seeker-staffing-contract-comparison-and-review/
EDC. (Accessed on March 1st, 2024). Insights. NYCEDC. https://edc.nyc/insights
ESV. Numbers 33:53-54a.
ESV. Proverbs 10:4.
Justia. (Accessed on May 5th, 2024). New York Constitution Article XVII § 1 - Public relief and care :: New York Constitution. Justia. https://law.justia.com/constitution/new-york/article-xvii/section-1/
NIV. Leviticus 25:23a.
NLT. Proverbs 22:28.
NLT. Romans 16:17-18a.
NYC. (Accessed on May 1st, 2024). Legal Enforcement Guidance on Discrimination on the Basis of Immigration Status and National Origin. CCHR. https://www.nyc.gov/site/cchr/law/immigration-status-and-national-origin-legal-enforcement-guidance.page
NYC. (Accessed on May 3rd, 2024). Mayor Adams, NYC Faith Leaders Launch Faith-Based Shelter Program for Houses of Worship to Support A | City of New York. https://www.nyc.gov/office-of-the-mayor/news/383-23/mayor-adams-nyc-faith-leaders-launch-faith-based-shelter-program-houses-worship-support#/0
Strauss, L. & Cropsey, J. (1963, 1972, 1987). History of Political Philosophy. The University of Chicago Press. Kindle Edition.