Of Rule by Experts and Rule by Law

February 22, 2022 Leave a comment

Photo by Adam Szuscik on Unsplash

In the 1990s I was part of a congressional delegation to Argentina, when the Argentine economy was growing strongly and steadily, and inflation was low, the currency convertible 1-for-1 with the dollar.  Trade barriers were being lowered, commerce was booming.  I recall asking Argentines what could possibly darken what seemed to be a bright future.  They were quick to reply:  “Here in Argentina we have no rule of law.  You can have no confidence in getting justice from the courts.”  Not long after, political shenanigans to reward one part of the electorate by a transfer of wealth from others threw the Argentine economy into turmoil.  Momentary good policy is a tough path to walk across bogs of inadequate legal safeguards.  Freedom has rested upon rule by law rather than rule by men.

Fundamentally, the American Revolution was an assertion of the rule of law.  Most of the Declaration of Independence is a litany of abuse by the English rulers.  The Revolution was intended to take power away from man and men and rest it upon laws and rights, soon to be secured by the world’s first written Constitution.

The Progressive Movement, which thrived over a century ago, was a retreat, aggressively stepping backwards to the rule of men as an impatient alternative to the rule of law:  the Rule of Experts.  Their new view—really a very old view dressed up in modern rhetoric—was that there are benevolent experts, to whom we can safely yield our governance, for such understand the process of modern government better than ordinary people do.

It sounds akin to the ancient theory of Divine Right of Kings, that the worldly monarchs are chosen by God and invested with greater wisdom and perspective than the average man and woman.  To their benevolent expertise and fatherly care was entrusted the governance of the rest of us.

Today’s benevolent experts are invested by their colleagues with varieties of credentials certifying their expertise.  Not very democratic, they make no secret of their impatience with the Congress and other constitutional brakes on arbitrary authority.

Just as not all men are always just, not all men are reliably wise.  The American Founders thought to address this problem by the separation of powers, dividing political authority among three branches in the Federal Government and the States.

The current regulatory program rests heavily on the notion that benevolent experts should be entrusted with authority for the big questions and increasingly smaller questions, too.  It has evolved by progressively engulfing the constitutional separation of powers, merging legislative and executive—and often judicial—authority in “independent” regulatory agencies headed by unelected officials.  The unelected federal regulator writes the details of mandatory regulations, charges violators, assesses guilt, and applies penalties.

Professedly efficient, it does not work well in practice.  First, the regulators are not dispassionate umpires, limited to calling the balls and strikes.  They are also players in the game, having their own set of particular interests and incentives that they take care of first.

Second, reliance on benevolent experts assumes what is an unproven, undemonstrated level of knowledge, insight, and forecasting skills.  Regulators are not dumber than the rest of the population, but they are no smarter either.  It is just that life is too complex and the society of the living is proving too much to be run by any designated group of humans and their computers.

A third flaw is mission creep.  Even if the tasks are too great or require too much knowledge, insight, foresight, and other skills in unachievable degree, the regulators still take them on, with each failure met with calls to increase resources and power of the agency.  

An example is the Federal Reserve (commonly called the “Fed”), created with a specific and rather narrow purpose, to make enough funding available for the banking system in times of financial stress.  Before long, the Fed gained control of monetary policy and the practice of controlling interest rates.  Later, it was tasked with promoting maximum employment.  In 2010 the Fed’s role in supervising banks was enlarged to supervising any financial business considered to be systemically significant.  Each augmentation has drawn the Fed away from its narrow, objective task. 

This expansion of authority affects every business and every home.  The Federal Reserve is the world’s biggest rigger of interest rates.  Its prolonged policy of keeping short-term rates at or slightly above zero has resulted in penalizing all savers and those who live off of their savings, transferring trillions of dollars of wealth to borrowers, the biggest borrower being the Federal Government.

A partial but simple solution toward strengthening the rule of law and reducing exposure to the caprice of men would be returning to elected representatives the making of laws.  It is a messy process, exactly the messy process that the Founders intended to preserve freedom from the encroachment of arbitrary and oppressive government.  The regulators, which are theoretically part of the executive branch, should be limited to the duty of implementing the laws that the elected and accountable representatives make. 

If Congress were required to write the rules and mandates, and delegate only the implementation, the mandates of government would be circumscribed by the exposure of a legislative body held directly accountable for what it has wrought.  It is easy for legislators to complain about bad regulatory decisions, but too often, these are decisions that Congress never should have delegated to regulators in the first place.

Filed under bureaucracy, Congress, Constitution, Declaration of Independence, Federal Reserve, freedom, interest rates, progressives, rule of law, Supreme Court Tagged with , , , , , , , , ,

Of Marx and His Side of History

January 27, 2022 Leave a comment

Photo by Maximilian Scheffler on Unsplash

Karl Marx was a bad prophet.  His record is abysmal.  Reality paved a road moving opposite to the predictions of Marx.  That is a serious problem for someone whose theories of economics, life, and the future boastfully rest upon assertions of inevitable fulfillment clothed in scientific jargon.

My friend, Alex Pollock, has frequently said to me that predicting the future is easy; having the predictions come true is the hard part.  Richard M. Ebeling, a professor at The Citadel, has done what many have not.  He has studied what Karl Marx foretold in comparison with what happened.  The differences are stark.  Ebeling reports, “Being blunt, every one of Marx’s ‘predictions’ has failed to come true.” (See Richard M. Ebeling, “How Marx Got on the Wrong Side of History,” June 16, 2017, Foundation for Economic Education.) To begin, Marx’s forecast of the progressive immiseration of the general population was exploded by the greatest increase in standard of living in the shortest period of time for the largest number of people in history. 

His prediction that mass production would render labor skills ever simpler and homogenous, rewarded with mere subsistence wages, compares poorly with the dramatic expansion of the complexity, variety, sophistication, and compensation of employment and employees in the nearly two centuries since.  I admit that I am not comparing Marx’s predictions with the reality in Marxist societies, where Marx’s predictions of employee drudgery and subsistence living have come too painfully close to fulfillment.

Indeed, perhaps only in such a view, where Marxist experiments have been tried, can one find any relevance of the Marxist concept of being on the “wrong side of history.”  The once oppressed residents of the former Soviet bloc are still trying to get caught up with their neighbors who did not spend decades living Karl Marx’s utopian nightmare.  That is to say, the idea that the Marxist conception of history having “sides” has only been demonstrated in the negative by regimes who have imposed Marxist prescriptions on what they call their “masses,” often within walls to keep them on the inside.

What history has shown is that no one controls it, other than God.  From time to time God provides His prophets visions of future history, usually with invitations and cautions, invitations to actions that will bring progress and happiness, and cautions that if ignored yield destruction and sorrow.  Those prophecies have always come true.  In that sense, and that sense alone, to be “on the right side of history” is to be on the right side of God and His encouragements and warnings.

God our Father loves us and our freedom so much that He gives us room for our exercise of choice in creating our own history, disinclined to force what He wants or to prevent what He hates, ever offering counsel and eager to help when asked in faith.  History is littered with the ruins of societies that acted otherwise, when they reached a point described in scripture as being “fully ripe in iniquity.”

Filed under communism, economic growth, freedom, future, God, Heavenly Father, history, Marxism, prophecy, prophets Tagged with , , , , , , , , ,

Of Civil War and National Unity

August 24, 2021 2 Comments

Photo by Veronica Livesey on Unsplash

At a sesquicentennial distance the Civil War can become too easy to romanticize.  We can be tempted to envision some charm in it.  From a prolonged study of the Civil War, via many sources and a variety of formats, I find little romance in it.  The brutality and misery of that war have not been overstated.  Fortunately, there was work that was noble and heroic, such as the ending of slavery.    

A more peaceful solution, in hindsight, was available and likely, as the operation of the Constitution was steadily bringing about.  Perhaps it took a civil war challenge to that Constitution to make people recognize—the slaveholders especially—that a peaceful end to bondage would have been preferable.  Abraham Lincoln, a casualty of the war, perceived in a few words at the Gettysburg commemoration, that the Civil War was “testing whether [our] nation, or any nation so conceived and so dedicated, can long endure.”

To what conception and dedication did Lincoln refer?  “A new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.”

It must be understood that Lincoln observed that this nation had not fully achieved those principles.  He called it “unfinished work.”  Building on how well that work had begun, Lincoln praised how far it had been “so nobly advanced.”  Our nation, conceived in liberty, embraced a dedication to which our Founders bound themselves and their posterity, to achieve the proposition that each of us was created equal.  As the price in blood and suffering mounted, he was asking whether such a dedicated nation, still in its adolescence, could continue.

Through the 21 months following Gettysburg, the price would grow higher and more horrid while the people of that day persevered and demonstrated that the nation would endure, as it has to our day.  Further headway was made to fulfill our founding principles.

Today is a time for our dedication to be tested, as such a nation will always be.  Loud, magnified voices—there were those in Lincoln’s day demanding to end the effort (he nearly lost his reelection to some who preferred a compromise with the slavocrats)—today parade the obvious that our nation has not yet achieved all of our Founders’ ideals, and so demand that we abandon those ideals.

They prescribe a return to the age old pattern whereby in exchange for our liberty the self-selected few are elevated to mold the rest, prescriptions that somehow end up profiting the new bosses.  As in the past, while dressed in varieties of costumes, the chieftains, kings, czars, fuehrers, commissars, and other ugly monsters reshape societies that eventually devolve into ruin.

Their “modern” strategy is similarly old:  divide and conquer.  Rhetorical crossbows aim darts first at the failings of the very human Founders, to whom they assign blame for anyone unhappy with himself.  Next they guide their unhappy victims against our founding ideal, “the proposition that all men are created equal.”  Their bizarre assertion is that any failure in the ideal’s complete achievement justifies its trashing, the more violently the better.  Upon the ruins of civil disorder, disunion, and violence, they would build in the name of “equity” where they have destroyed fundamental equality. 

That is the program of those positioned to claim to be more equal than others while they rake in a bigger share of the proposed “equity.”  It is all old naked ugliness when denuded of the costumes.  In time it has always failed, but not without putrid fruits of misery.

In 1863 Abraham Lincoln appealed to his hearers for increased devotion to ensure that our nation, governed of, by, and for the people, should not perish.  Succeeding generations have united to nurture the nation.  It is our task to answer the divisive calls with our dedication to advance the work so nobly begun.

Filed under Abraham Lincoln, America, anarchy, Civil War, Constitution, demagoguery, freedom, individual worth, slavery, statism Tagged with , , , , , , , , ,

Of Firearms and American Democracy

July 4, 2021 1 Comment

Photo by Jacob Morrison on Unsplash

A commentator on a Washington-D.C. area Spanish-language radio station was declaiming at unusual length against private gun ownership. What caught my attention that morning was his expression of wonder at the deep and widespread interest of people in the United States in owning firearms. He could not understand or explain it. He was lost. The interest in private gun ownership was a new cultural phenomenon to him.

No doubt it was, but he was correct to identify the passion for gun ownership as an element of the cultural life of the United States that is not only deep, but deep-rooted. Those roots go back to the very founding of North America by the first colonists, reinforced by subsequent waves of immigrants. The very first North American colonists had guns, as essential to survival as seeds and shovels. As Germans joined the English, the Scots, and the Dutch in the new land, followed by Irish, Swedes, Italians and others, guns traveled with the pioneers west.

Western European society invented common firearms and spread them among the commoners. By means of firearms the commoners won their new land. With their firearms those commoners also won their freedom from the lords and ladies who could no longer control the armed rabble, particularly in the English colonies, and particularly in the colonies that became the United States. Guns in the United States have been instruments of survival, physical and political.

What the kings and nobles of Europe could not know was that there is something powerfully democratizing in gun possession. Firearms ended the reign of the mounted knight and made it hard for kings and emperors to keep their thrones. No aristocrat in any palace was invulnerable to the meanest peasant armed with musket and ball. Guns have been an historically powerful equalizer and defense against tyranny and pillagers.

That democratizing process worked further and faster in America, where courage and a gun could tame a wilderness and provide freedom for the family. Far from the reach of government, and unanswerable for the pretended protection of the manor house, the typical American could take immediate responsibility for himself and his own security and that of his wife and children, backed up by the very real ability to assert that security. No one seems to know the origin of the proverb, “God created men, but Sam Colt made them equal,” but the armed nation builders of the American West understood and believed it.

That is to say that, in the United States at least, people have not needed government, and especially government protection, all that much. Gun ownership has always been at the core of American independence and democracy, essential from the founding up into modern times. It is a symbol of American freedom, but more than that, ownership of firearms is a tangible expression of the independence and self-reliance that are at the core of American citizenship, a culture of freedom sometimes new to people hailing from other parts of the world. It is not accidental that not only the right to keep firearms but the active right to bear them is recognized in our Constitution as fundamental, alongside freedom of expression, free exercise of religion, the protection of private property, trial by jury, and other cornerstones of our liberty.

As the dangerous frontiers of violence encroach again on families beyond the timely protection of law enforcement, that innate American self-reliance is reenergized, and well it should be. The examples of people saved by their guns from robbery, murder, and worse, are legion if little noted by the establishment media reporting from their armed security zones. In the face of increased violent criminal activity—whether from terrorists or thugs—why does it make sense to weaken the defenses of law abiding citizens? Why would the government of a free people impose regulations to expose those who live peacefully to the barbarous cruelty of those who consider a regulation no barrier to preying upon the disarmed? I do not understand it. As an American, I do not understand it at all.

Filed under America, civilization, Constitution, crime, democracy, exceptionalism, firearms, freedom, rights, tyranny Tagged with , , , , , , , , ,

Of Slavery and the Constitution

May 20, 2021 Leave a comment

Photo by Jen Theodore on Unsplash

Slavery in America was doomed under the Constitution, and the slavocrats knew it.  For more than four score years they had been fighting and steadily losing ground to preserve slavery.  When Abraham Lincoln was elected President, the slavocrats understood that things would not get better for them.  They saw getting out as the only way to continue slavery.

They pushed their states to leave after the election of 1860 not because they disputed the results.  They recognized that Lincoln had been duly elected.  What the slavocrats feared was that under his administration and his support in Congress their ability to preserve slavery would be irreparably eroded and eventually ended.  They sought to exit the Union before that happened.

By necessity, forming a “more perfect union” under the Constitution required compromise to accommodate diverse peoples and experiences.  The miracle of the Founders was to bring all the states in.  Compromise and accommodation are at the heart of a republic. 

There is an art to compromise.  I saw that during the days of the Reagan administration.  President Reagan was a highly principled man, yet he often compromised.  I marveled how, in his compromising, he resisted compromise of principle.  Again and again he advanced his principles while accommodating on details.   

The Founders establishing a Constitution sought to preserve essential principles by which a government of liberty would act.  A key example was the slave trade.  Some vociferously argued for its end.  Slave state representatives argued for the matter to be left to individual states.  The Constitution enshrined the national principle that the slave trade must end.  Placing regulation of trade in general with Congress, the compromise set 1808 for the complete end of the slave trade.

A similarly important example where compromise embraced the principle was the apportionment of seats in the House of Representatives.  The number of a state’s representatives was based on population.  Representatives from slave states wanted to count slaves.  Others objected that if your state treats these people as property, then they should not be counted any more than other property.  The principle in the compromise was to recognize the humanity of people held in slavery, but to count a person only as three-fifths for congressional apportionment so long as he was held in slavery, reducing southern congressional representation.

With these two compromises, resting on anti-slavery principles, all the states came into the union, accepting a Constitution that would progressively lead to abolition.  As the reality of that became abundantly clear to the leadership of eleven of the states, they tried to renege on the deal and leave.  The slavocrats failed.  Rather than let the Constitution end slavery peacefully, they forced a horrid war that ended it all the sooner, but at the cost of more than 600,000 dead, greater than the total of Americans killed in both World Wars I and II. 

The power of the principles of the Constitution continued its work.  Amidst a Civil War that, in the words of Lincoln, tested “whether that nation, or any nation so conceived, and so dedicated, can long endure,” elections were held.  The voters chose liberty and the nation endured.

The American Founders were sober people, sobered by a long and difficult war of Independence followed by several years of economic and social confusion.  They understood that people were flawed and make mistakes.  They believed that people are also good, who can and do make good decisions.  The Constitution on which they established the United States recognizes and is designed to offset the bad and allow good to succeed, which it more often than not does.  

Tested by myriad difficulties and unparalleled prosperity, the Constitution has worked better than any other system of government on earth.  That is why enemies of freedom hate it and why so many people want to come here to live.

Filed under Abraham Lincoln, Civil War, Constitution, elections, freedom, House of Representatives, immigration, republics, Ronald Reagan, slavery Tagged with , , , , , , , , ,

Of Easter and the Constitution

March 30, 2021 Leave a comment

Photo by Joshua Cotten on Unsplash

One morning in Tennessee, almost 160 years ago, many thousand U.S. soldiers were quietly enjoying breakfast on a beautiful spring Sabbath, thinking of little more than passing a quiet Palm Sunday and sometime soon thereafter continuing the destruction of the rebel army in nearby Corinth, Mississippi. That was, until the rebels came calling and rudely interrupted breakfast.

By the end of the battle the next day the rebels were in full retreat, but over 13,000 Union soldiers were dead, wounded, or missing, and nearly 11,000 rebels had met the same fate. Shiloh turned out to be a major victory for the United States Army, opening up nearly the whole western part of the rebel confederacy to reunification. The import of the victory was missed by much of the population of the loyal states, however, whose senses reeled from a bill of losses of husbands, fathers, sons, and brothers never seen before in the life of the Republic.  General U.S. Grant, whose coolness under pressure made the victory possible, was mercilessly criticized in the press.

The nation little understood that the casualties of Shiloh would be only the first of many tens of thousands more who would suffer from civil war in the land of Washington and Jefferson before 1862 would be over. Then there would be 1863, 1864, and 1865 to follow, running the tally of destruction ever higher.  In 1865, near the end of the war, Abraham Lincoln summed up in his marvelous second inaugural address—for a term of office that would last the rest of his life, less than 6 weeks—“Neither party expected for the war the magnitude or the duration which it has already attained. . . . Each looked for an easier triumph and a result less fundamental and astounding.”

All Americans today benefit from that profound victory and the others that brought an end to the rebellion and that upheld the Constitution. It was a strange and new thing for the world that the words on a piece of paper, written by men of an earlier generation, could create a system of government and affect so many lives. It was the lives of those who fought to sustain the Constitution that gave it that life, men who insisted on living by those words and organizing a free society within the protections of its provisions.

The same is true today, as with each generation:  we are called upon to uphold that Constitution, those words on a piece of paper, and hand it on down, as strong as ever, to our children. Those men who died at Shiloh cannot do our work for us today. Neither can the men who fought and died in Europe and the South Pacific and on many other places of battle.  Just as important as those who died to preserve the Constitution are those who have lived to maintain the Constitution. They, however, could do no more than pass that freedom under constitutional law to us. We have it today. What will we do with it?

As Ronald Reagan taught in his 1967 inaugural address as Governor of California,

“Freedom is a fragile thing and is never more than one generation away from extinction.”

We must not let it become extinct. It is under challenge from enemies without, who hate the liberty and worth of the individual enshrined in the U.S. Constitution, and it is endangered by those within the nation—some in very high places of power and responsibility— who see the Constitution as a barrier in the way of their plans to replace individual rights, value, initiative, and worth with the ages old system where the government and the governors run the lives of the people and decide who wins, who loses, who gets what, and how much.

Our forebears fought a revolution and crafted a new system in the New World to get away from that rule by the few. The lesson we need to learn anew, is that it is the job of the many individuals who make up each generation to win that freedom again, because there will always be those eager to impose their will on others and use and direct and take the resources that they themselves did not earn, who will want to have their way with other people’s money and other people’s lives.

No one’s sacrifice is the same as anyone else’s. Read no unfairness in that, because to sacrifice is to absorb unfairness. We cannot avoid the call to sacrifice.  Not even Christ, the greatest of all, could.

As we celebrate Easter we should remember the sacrifices of the Savior, by which He absorbed all unfairness. His sacrifices made Easter possible, by which all that is wrong is overcome and ultimate freedom bought for each person born into this world. We are privileged by Christ to be given the chance to join in that effort to preserve and extend the blessings of freedom to our families, our friends, and to people we do not know and may never meet.

At Gethsemane, then Golgotha, and from the Garden Tomb, Christ has created the framework that makes freedom possible. He inspired the founders who built a nation of liberty as the beacon to all mankind that it has been for almost 250 years. As our Easter worship, let us take up the last call given by Abraham Lincoln to the nation as the Constitution was reaffirmed in struggle, who recognized the great value of America for the world:

“With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation’s wounds, to care for him who shall have borne the battle and for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.”

Filed under Abraham Lincoln, Civil War, Constitution, Easter, fairness, freedom, Jesus Christ, sacrifice Tagged with , , , , , , ,

Of Platitudes and Political Attitudes

October 17, 2020 Leave a comment

Photo by Tim Mossholder on Unsplash

I am naturally optimistic.  So you will understand that I rejoiced to see several of my friendly neighbors, who sometimes disagree with me politically, place signs in their yards supporting positions consistent with the views of free market liberty-loving constitutionalists like myself.  That would appear to bode well for candidates in this election who also tend to trust markets, liberty, and constitutional rights.

I will confess that to some the signs might read like a public creed of platitudes.  Perhaps they are intended to present an impressionist attitude of some kind.  Here are the phrases, written in bumper sticker style.  See what you think.

To begin with, who could argue with the obvious truth that “Black Lives Matter”?  I personally know no one who does not naturally embrace the idea.  I do notice that those who in published media lionize the eponymous organization laying claim to the title reveal little material interest in the lives of black police officers, black small business owners, or unborn black children.  That may be why the lady running for Congress in Baltimore’s 7th Congressional District emphasizes that “all black lives matter.”

Next on the signs is the phrase, “No Human Is Illegal.”  That is surely the case in the United States as long as it remains a nation of law and order.  Things that some people do are illegal, but enshrined in the Declaration of Independence and the Constitution is the concept of individual worth.  The notion that people themselves can be illegal is reserved for socialist governments and monarchies, where large portions of the population can find themselves illegal.  That is a crucial reason why the American founders broke from the monarchy and why applying socialism here terrorizes lovers of liberty.

Third on the signs is the bromide, “Love Is Love.”  Surely it is.  Perhaps it appears because love is the core principle of many religions, such as Christianity, which rests on two commandments (also taught in the Old Testament):  Love God, and love your neighbor as yourself.  As Jesus taught, on these rest “all the law and the prophets.” (Matthew 22:40)  Jesus also taught that with the breakdown of law and order, “the love of many shall wax cold.” (Matthew 24:12)  I am thrilled that churches are being allowed to open again so that they might continue to teach their doctrine of love.

The phrase, “Women’s Rights Are Human Rights,” is given fourth billing on the signs.  That is absolutely true, even if it is violated in many parts of the world.  I am reminded, by my neighbors who have come to the United States from such nations where women’s rights are routinely violated, why I am grateful that my daughters and granddaughters live in a country where their rights are real and protected.

I am grateful that the signs include what is in danger of becoming a meaningless cliché, “Science Is Real.”  Our nation was midwifed by the enlightenment, a rejection of the medieval notion that scientific verities were determined by government or ecclesiastical agencies and votes of councils.  We are all indebted to courageous scientists who stood alone and refused to accept any scientific debate as “final,” who asked more questions that often led to better answers that have made mankind healthier, wealthier, and more flourishing.  May our nation of freedom encourage the continuation of that story.

The penultimate phrase on the signs is the prosaic declaration, “Water Is Life.”  I remember Barry Goldwater, Senator from Arizona, explaining to a skeptical Senate the importance of water rights.  There would appear to be a longtime tug of war in our government agencies about the importance of water management.  As with many important issues, relying upon our federal system of state and national interaction is most likely to give us the best management answers.  National mandates are likely to leave local communities dry.

The final phrase on the signs is the catchall, “Injustice Anywhere Is a Threat to Justice Everywhere.”  An unlimited aspiration, mankind has wrestled with it from the earliest times.  As this is to be an ongoing struggle of which we should not tire, the question is how best to proceed?  Our founders asked that question.  They recognized that arbitrary governments were the worst offenders.  The structure of liberty they established has fostered the multitudinous avenues for virtue that have not ceased to make progress in combating injustice.

I cheer such display of worthy attitudes of support for our nation’s growth in liberty.

By the way, there is a website where you may go to purchase these signs, $10 each.  Free enterprise is wonderful.

Filed under charity, Constitution, Declaration of Independence, freedom, individual worth, justice, markets, rights, rule of law, science, socialism Tagged with , , , , , , , , , ,

Of Religion and Liberty

July 8, 2020 Leave a comment

Photo by Debby Hudson on Unsplash

In recent days the Supreme Court of the United States, in two related decisions, gave a welcome reaffirmation of the constitutional protection of the free exercise of religion.  The cases involved practical application of the principle First Amendment right.  One case, Little Sisters of the Poor v. Pennsylvania, involved the Obamacare Act and contraceptive insurance coverage.  The other, Our Lady of Guadalupe School v. Morrissey-Berru, concerned religious schools and their employment policies.  Both cases were decided by strong 7-2 votes. 

Readers will look to other forums and formats for the specifics of these interesting decisions.  I raise them as noteworthy inasmuch as governments in the last few months have acted unkindly toward religion and its exercise, much to the harm of people and the  jeopardy of their other rights protected in the First Amendment.

Not only is freedom of religion and the exercise thereof found in the First Amendment to the Constitution, it is the first freedom mentioned.  Free speech, freedom of the press, freedom peaceably to assemble, and the right to petition the government follow next, in that order.  This is not necessarily a ranking of importance of these five freedoms.  All are essential, but I would suggest that the latter four are strengthened by freedom of religion and will be put at risk without a vigorous regard for that freedom.

This is not hypothetical.  As an experiment to deal with the unknown effects of the coronavirus (SARS-CoV-2) many state governments (and the federal government to a lesser degree) engaged in an abrupt and progressive impairment of the constitutional rights of nearly all within their jurisdiction.  Of the five freedoms of the First Amendment, governments applied or tolerated the harshest limitations on religion and its practice.  Churches were closed, its members forbidden to meet together, even in small groups.  Administrations of religious rites considered sacred were blocked, even in application to the dying as well as the living.

In my congregation, in my church, we gather, we fellowship with one another, we sing together, we pray together, we teach each other, we provide service to one another, we follow the pattern of what Jesus Christ did and calls upon us to do in the practice of becoming kinder, more loving people.  Government restrictions have made that very hard to do, and are unable to replace it with anything.

One of the leaders of the church, David A. Bednar, an Apostle of The Church of Jesus Christ of Latter-day Saints, lately said this in remarks on the importance of religious practice:

Latter-day Saints are hardly alone in this need to gather. . . Our Catholic, Orthodox, Protestant, and Evangelical friends gather for mass, baptisms, confirmations, sermons, and myriad other religious purposes.  Our Jewish friends gather for worship in their synagogues.  Our Muslim friends gather in their mosques.  Our friends in the Buddhist, Sikh, and other faith traditions likewise have sacred places to gather and worship together. And because gathering lies at the very heart of religion, the right to gather lies at the very heart of religious freedom.

In the United States and elsewhere, in this experiment into which we were rapidly immersed, people “throughout the free world,” as David Bednar reminded, “learned firsthand what it means for government to directly prohibit the free exercise of religion.”

Science, including the science of self government, requires us to learn from our experiments.  What have we seen in the social laboratory within which we have been living?  While freedom of religion has been curtailed, other liberties have eroded.  Freedom of speech has been restricted; people have become very careful about speaking their minds, avoiding certain words, even limiting their associations with neighbors, and they do not like it.  Communication even on social media has been censored. 

Press freedom is no longer robust.  Media broadcasters are careful to avoid use of newly minted proscriptions of this or that phrase or word, with correspondents and announcers disappearing from their jobs almost overnight for violation of some new taboo.  People have become increasingly mistrustful of “the news.”

Many assemblies are prohibited.  Where allowed, numerical limits have been imposed on how many people can assemble in the same place.  More nettlesome, as is the usual case with the violation of rights, restrictions are applied and enforced unevenly, some favored and others not.

Governments, especially local governments, turn deaf ears to constituents raising concerns with the application of restrictions.  Arrangements for schools run by local governments are in confusion. 

Overall, people feel isolated, alone, helpless, and, for too many, hopeless.  They look for and find temporary relief in acts of rebellion, minor or otherwise.

This is where freedom of religion can be seen as important to the other freedoms.  Churches have often in western societies been a counterweight to government tyranny, which is why the governments of Europe tried for centuries to control them.  As the Red Army imposed its Iron Curtain across Eastern Europe, persecution and control of religion were a priority. 

The first amendment prohibits government control of religion, specifically to preserve freedom of the churches, which in America has also worked to accommodate variety of religious practice.  All of the churches, together, need the first amendment to thrive, as do their members.  No other human organizations are as organized, enduring, and meaningful to people.  Without vigorous, free religions, people are left alone to defend their other rights, with alternative organizations that at best are anemic by comparison.

In the words of David Bednar, “With goodwill and a little creativity, ways can almost always be found to fulfill both society’s needs and the imperative to protect religious freedom. . . . Never again can we allow government officials to treat the exercise of religion as simply nonessential.”

Filed under Constitution, free speech, freedom, Great Cessation, Jesus Christ, media, organized religion, religious freedom, rights, science, Supreme Court Tagged with , , , , , , , , , ,

Of Defending Freedom and Divine Aid

May 25, 2020 Leave a comment

Photo by Štěpán Vraný on Unsplash

The story is told in The Book of Mormon of a kingdom rich in freedom, freedom from want, freedom from oppression, with much freedom of opportunity.  What could go wrong?

The generation that participated in building that freedom—it did not come free—yielded to a generation led by a dissolute king.  Under his leadership the society neglected the defense of that freedom.  That was a great danger.  The kingdom was encompassed and its people greatly outnumbered by enemies who nursed a centuries-deep hatred reinforced by an ideology of grievances of perceived victimhood.

Alluringly prosperous, the kingdom was a tempting honeypot to its much poorer neighbors, and yet for more than a generation it kept its enemies at bay.  That success stemmed from the intertwined combination of strenuous exertion and divine help from their faith in Christ.  Each time attacked—by overwhelming numbers—the people drew all of their might into the muster, on one occasion placing young and old into the ranks.  Appealing to and blessed by God, who strengthened their arms and demoralized their foes, the people of the kingdom repelled the invaders.

Their new king followed a different formula.  Governed by his appetites and the mirage of perpetual security, he taxed the people and he taxed his army, diverting resources to feed the wanton consumption of his court.  The people came to tolerate and then ape this corruption.  The generation that had deep faith in Christ and reliance upon that faith, passed on to one that at first kept up the forms of religious observance but without the spirituality in worship or soul.  Their focus shifted from heaven to the transient things of mortality.  They had plenty of reason to be unhappy with the king, from the escalation in taxes, to the perversion of the religious leadership, to the degradation in public morals, including the whoredoms and drunkenness.  Yet while there may have been dissatisfaction at first, the lavish public spending and the example of undisciplined revelry became popular, as it so often can.

The situation fit the pattern mentioned by Adam Smith in The Wealth of Nations, “What Dercyllidas said of the court of Persia may be applied to that of several European princes, that he saw there much splendour but little strength, and many servants but few soldiers.” (Adam Smith, The Wealth of Nations, Vol. I, p.392)

The enemies began to notice, too.  Overcoming years of intimidation from their inexplicable defeats, the very proximate hordes commenced a series of minor raids.  As the scripture record relates,

And it came to pass that [they] began to come in upon his people, upon small numbers, and to slay them in their fields, and while they were tending their flocks.  And [the] king . . . sent guards round about the land to keep them off; but he did not send a sufficient number, and [their enemies] came upon them and killed them, and . . . began to destroy them, and to exercise their hatred upon them.  (Mosiah 11:16, 17)

The king responded to the raiders by sending his army, which “drove them back for a time; therefore, they returned rejoicing . . . saying that their fifty could stand against thousands” (Mosiah 11:18, 19).  Their enemies took them up on the boast.  “And now behold, the forces of the king were small, having been reduced . . .” (Mosiah 19:2)  Their enemies, though, came with their thousands, and the fifty, indeed the king’s entire army, fled at his command; the people exchanged freedom for bondage and poverty.

The message is clear, as intended.  Freedom for the people and for the nation, any nation, resides in the people doing all that they can and should for their defense, and a reliance upon God to reinforce their efforts.  That has been the formula for the United States, from the Revolution to now.  It is the duty of each generation to take the handoff of the responsibility from the previous one and pass it on secure to the next.  Hubris for accomplishments in the past will little overcome provocative weakness.  Maintaining freedom is a gift from God, who will help us to the extent we seek His help and demonstrate that we will do what we can to help ourselves.

Filed under freedom, God, hubris, Jesus Christ, military, morality, national security, peace, The Book of Mormon, war Tagged with , , , , , , , , ,

Of Freedom and Federals

May 7, 2020 1 Comment

Photo by Tim Mossholder on Unsplash

News Flash, Washington:  The national government sometimes gets it wrong.

Another News Flash, Elsewhere:  So do the States.

Of course, this is no news to anyone, rather old news to everyone.  We all know that the national government is neither perfectly right nor wrong.  The same is true for state governments.  All are staffed by human beings, like you and me, with the similar packages of wisdom and foolishness.

For nearly two decades I worked in the U.S. Senate for a very wise man.  I once heard him say that when he came to Washington he was frustrated at how little one person could get done.  He said he soon came to rejoice in the fact.  Yes, it is hard for one person to achieve the good that he envisions, but it is even harder for one person to impose on everyone else the good that he envisions.

The founders of the nation did not seek to perfect mankind.  They left that for God, as flawed humans cannot create perfect humans.  For now God has left governments to imperfect people (though He is willing to provide as much wisdom as people are willing to accept).  The wisdom of the founders, thousands of miles away from other nations, but drawing upon thousands of years of history, was to create a system of government that did not rest upon the wisdom and foolishness of one individual or even a small cadre of them.

The founders arrived at a system of government for the new nation that neither guaranteed nor expected officials to get it all right.  It was designed to make it harder for them all to get it all wrong.  Moreover, the founders worked to limit the field of that government, so that as much as possible of the getting things right and wrong was left to the people themselves in their myriad of daily activities, far too complex for a government to manage.

The arrangement divided governing responsibilities among many hands.  States have their responsibilities, which they share with local governments.  The national government has its share of duties and powers to be applied where appropriate for a national sphere.  Those powers are further divided among three interdependent branches, the executive, legislative, and judicial.  I say “interdependent,” because neither was given enough power to operate without involvement with the other two.

Impasse arises, frequently, because schemes for government to govern too much wreck upon the shoals of the diversity of our people and the multiplicity of their needs and preferences.  Such impasse is not a sign of inefficient government but of our system of government efficiently reminding us when it is trying to overreach, going beyond government’s competence.

The founders formed their plan as they realized that it was the only way to govern a nation so geographically broad, increasingly populous, and already socially diverse.  As the 13 states have become 50 from sea to sea, and the several million have become several hundred million, it is even truer today.  There are things that governments must do.  There are many more that need to be left to the governed.

In recent months we have witnessed waves of expanded government restrictions, probing the limits of government wisdom and power.  Space here will not allow an evaluation of the successes and failures, or the effect on individual freedom.

I rejoice in this federal system of government that allows for a diversity of approaches and accommodation of a diversity of conditions.  In my view, the governor where I live has gotten more wrong than right and is out of step with his state’s conditions.  I find the contrast of other examples a source of hope.  The purpose of dividing governmental power is to allow the exposure of mistakes and thereby preserve and promote individual freedom.

The division of error in our system offers hope of relief and recourse from error. It still leaves room, as well, for individuals to get it right and when they get it wrong to learn from the errors, with the freedom to try again and do better.

I will tattle, that the Senator for whom I worked for so long sometimes got it wrong.  Having been a college professor, he told us that we learned so much by working for him that we should pay tuition.  We did not agree.  He did not press the point.

Parting News Flash, New York:  The United Nations gets it wrong almost all the time.  Details, daily.

Filed under Constitution, federalism, freedom, government, hope, perfection Tagged with , , , , ,

← Older posts