Of Majorities and Modesty

November 18, 2014 Leave a comment

Perhaps with some weeks enough dust has settled to allow a few reactions to the recent American elections, with more perspective than can be gathered from listening to reporters interviewing reporters. I will offer views that focus mostly on the results of the congressional elections, drawing upon experience from more than two decades of work in the Senate.

I do not, however, wish to minimize the importance of the elections for governors and state legislatures. In fact, I suspect that the next President of the United States will more than likely be a current or former governor than a Washington politico. Most Presidents, historically, have come from the state governments, which I find encouraging for our federal system. Moreover, judging from what we have seen, former Senators do not seem to make very good Presidents. I cannot name one to whom we can look with admiration for what he accomplished in the White House. There seems to be too much Washington blindness in them to govern effectively for our whole nation.

I am straying to an election yet to come, though. Back to this year’s results, I will begin with the view that we should expect, with the media-scorned Republicans holding the majority in both House and Senate, that the finger of blame for all problems—real or imagined—will be pointed at “Congress.” Disputes between legislative and executive branches will tend to be cast as exposing the nation to great danger as a result of congressional intransigence and/or “politics,” as if no real issues of policy—no questions of life, freedom, or wealth—are involved.

It is happening already. In one bizarre report I heard this week on a major network “news” report, some Amtrak railroad drawbridge in the northeast is over a hundred years old and prone to getting stuck when it opens to let ships pass. Amtrak wants a billion dollars or so to fix it, but, as the “news” story would have it, Republicans in the new Congress “are not looking for ways to spend money.” That was the story. Note the nothing new here. The bridge has been around for a hundred years and did not suddenly become prone to malfunction this November. But the election has now made it a story; a problem is arising, not because the President or the Democrats in Congress for several years did not seek to fix it, but because the new Republican majorities are not interested in spending money. The bridge is not the problem in the story, the Republicans are. Expect more of this kind of media “news.”

Second observation: in recent decades Congress has increasingly surrendered more and more authority to the executive branch, including to the regulatory agencies. The Senate, under the misleadership of Majority Leader Harry Read, has given up even more power and authority (perhaps in another post I will expound on lessons from the Senate of Rome, which by avoiding decisions paved the way for the Caesars—who were all too ready to make decisions). The Democrats retain full control of the executive branch. No small thing. In the remaining two years of the Obama Administration look for more aggressive activity from the White House and the regulators as they test just what they can try by regulation and regulatory fiat, without any detours to Capitol Hill. To quote Jacob Marley’s ghost, “Much!”

When it comes to big Republican plans to make major changes, the quidnuncs will be fed explanations of the thinness of the Republican majorities, along with the “responsibility” of Republicans to share power with Democrats that the Democrats failed to win at the ballot box. When it comes to work that needs to be done, the repeated common wisdom will be that the Republicans have the majority, so nothing should stop them from getting on with the job. There will be little mention that the President can veto what Congress passes, and that Democrats in the Senate will likely filibuster anything that the White House threatens to veto, saving the President the trouble—and political risk.

Yet, there are things that the Republicans, even with working but not overwhelming majorities in Congress, will be able to do. Most important, they get to set the agenda. They get to decide what issues will be debated, what hearings will be held, what will be put to a vote, even when they may not have the votes to break Democrat opposition in the Senate. It will be some relief that instead of the familiar series of proposals to curb liberties, raise taxes, or stifle economic growth and opportunity, the agenda will tend toward ideas of freedom and prosperity, though actual accomplishments will of necessity be modest against the strong opposition of the President and his media allies. I will take modest improvements over the calamitous policy fails of the past several years.

Filed under Barack Obama, bureaucracy, Congress, economic growth, elections, federalism, freedom, government, House of Representatives, media, politics, prosperity, Rome, Senate, taxes, Washington Tagged with , , , , , , , , , , , , , , ,

Of Elections and Sports

November 3, 2014 Leave a comment

Shortly before the 2012 election I offered an observation about sports and elections, and how one is not like the other. That message may continue to have relevance today.

It is early Fall. That means that we are nearing the end of the regular season of baseball, and the New York Yankees are on course to make the playoffs and another run for the World Series title, number 28. Their chances look good this year, if they can keep their players from injury and the bullpen resumes pitching up to its abilities.

Others are following football. Already the Washington Redskins have gone from having a lock on getting into the Super Bowl, after winning their first game, to being nearly mathematically eliminated from the playoffs by losing their next two. As they say in baseball, though with less justification in pro-football, it’s a long season. And speaking of the Redskins, it has been said that you can tell that someone has been in Washington too long when he begins cheering for the Redskins. Let that rest on your own taste and experience.

Basketball fans know that in just a few weeks, practice begins for college hoops. The college basketball season will terminate several months later in the greatest sporting event that the United States has to offer, March Madness! I don’t know when or whether the professional basketball season ever ends. I suppose it does.

Somewhere someone is playing soccer, where some team is leading another by the insurmountable score of 1-0. But I think that we may be in the only few weeks of the year when there are no hockey games—even as the NHL is haunted again by more labor-management strife.

At his school my son is running on a cross country team, the Trinity Tempest. The motto of the team is not but should be, “Tempest Fugit.” Instead, it seems to be something like, “Pass the weak, hurdle the dead.” Nice so far as it goes. Classical Latin would be better, it seems to me, but I am not a runner and have no say.

Yes, there is much sporting excitement and many sports in the Fall. Elections, however, are not one of them. Electing the leaders of our government, who will wield control over life and death, freedom and slavery, prosperity and poverty, is not a sport. Self-government is one of the most serious activities of life for those who cherish their liberty. Those who do not will eventually vote away their freedom, as we have seen in places like Venezuela, Ecuador, and Bolivia in recent years, and before that in places like Germany of the 1930s.

Of course, you would never know that from the public discourse on television, radio, in newspapers and other media outlets. Presidential, gubernatorial, and congressional races are treated as if they all were games, with little at stake other than whether your favorite team wins. Issues are trivialized, if mentioned at all. The trivializers have even assigned team colors, one side “Red” and another “Blue.” The most important issue in the media after a debate is “who won?” rather than, “what did we learn about what a candidate believes and what he would do if elected?” Points are awarded by press experts for style, poise, rhetoric, and gotcha lines. Panels of talking heads award scores as if they were judges at a figure skating competition.

It is all more than beside the point. It corrupts the process. Rather than true debates, in which candidates have enough time to declare and explain their views and policies on important issues, media celebrities offer trick questions, to which the future President of the United States is given two, three, or sometimes even five minutes to respond as he or she fishes for a soundbite to make it into the 60-second news recap (most of which will again be focused on, “who won?”). Based on this silly exercise, viewers are encouraged to text in (for a small fee) their vote—not for who would be the best office holder—but for who was the winner of the night’s contest.

We should expect and demand better. Through modern revelation we have been given a set of standards. You do not have to be a believer in revelation to recognize the wisdom of the counsel:

Wherefore, honest men and wise men should be sought for diligently, and good men and wise men ye should observe to uphold; otherwise, whatsoever is less than these cometh of evil. (Doctrine and Covenants 98:10)

Our task as voters interested in preserving our rights and freedoms is too seek out diligently the honest, the good, and the wise. Anything less is evil. In an election, in a campaign, in a debate, I want to discover who is the honest, the good, and the wise, and I am little interest in style points.

That takes careful and diligent effort, for among the honest, the good, and the wise, are the liars, the false, and the foolish intent on deceiving. These latter like to hide in the noise of the sporting contest and often seek to divert attention to the things that little matter, the stray word, the high school prank. We need to keep our focus on a diligent search for the honest, the good, and the wise. With persistent effort, we can find them.

In self-government, we are the players. The issue is life, liberty, and the pursuit of happiness, decidedly not a game. But if we follow these standards and apply them diligently, then in the end We the People will be the winners.

(First published September 26, 2012)

Filed under Congress, Constitution, deception, demagoguery, elections, freedom, government, media, politics, revelation, rights, Senate, slavery, sports Tagged with , , , , , , , , , , , ,

Of Commandments and Happiness

May 18, 2014 Leave a comment

Nothing out of date with these observations made more than five years ago.

We sing a hymn, “How Gentle God’s Commands,” the first two lines of which proclaim—

How gentle God’s commands!
How kind his precepts are!

I suppose that the Ruler and Creator of the world, who offers us all that He has, eternal life (“the greatest of all the gifts of God”—Doctrine and Covenants 14:7), could require from us anything in return. What He asks of us is that we be happy, and He shows us how. Every commandment of God (here I speak of God’s commandments, not the commandments of men) is calculated to promote our happiness and guide us away from unhappiness.

Let us examine a few to illustrate. The Lord commands that intimate sexual relations be reserved for a man and a woman within the bonds of matrimony. This commandment, much disparaged by popular voices, would if followed virtually end all forms of venereal diseases, including the modern scourge of Acquired Immune Deficiency Syndrome (AIDS) and the heartbreaking and life-ending consequences they bring. Abortion would also nearly end, since the vast majority of abortions are performed on unwed women. The social and economic trauma of children being born into one-parent households would similarly be dramatically reduced. And the deadened emotional wasteland caused by promiscuity would be avoided.

The Lord has commanded that we observe the Sabbath Day, to keep it holy. The Sabbath is a day to gather with fellow believers in the worship of God. It is also a day to refrain from usual activities we would call work and focus instead on rest and acts of service to one another. Perhaps less observed today than ever before by the world in general, this commandment is particularly suitable for modern times. Increasingly, people are cut off from one another, associations reduced to momentary casual encounters. The Sabbath brings people together in pleasant association and sharing, with a focus on what uplifts one another. Furthermore, it offers a pause from the daily routine, giving opportunity for mental rest and perspective, a time for pondering, meditation, and preparation for renewed and more thoughtful endeavor.

A third example I would choose is the law of the tithe. The Lord commands the saints to donate one-tenth of their income. At first view, this commandment might seem all loss. Is not a person better off with 100% of his income than he is with 90% of his income? The answer to that is undeniably yes, particularly if that income were forcefully taken away, as in excess taxes. The tithe, however, is purely voluntary. The Lord requires it, but He does not take it. You still have all of your income, for it is by your free choice that you make a donation or not, much as with any other way in which you would choose to dispose of your income. That is important, for by making a freewill donation, you give of yourself and receive all of the moral benefit that comes from such a voluntary gift. That gift is not diminished if you, like I, have noticed that you have always received more back in services and blessings than you have ever given. After all, you could choose to be a free rider and never contribute a dime. Moreover, the law of the tithe is eminently fair. All are asked to donate 10%, rich or poor. Those who earn more contribute more, those who earn less donate less, but all are subject to the same rate. Through the tithe—together with the voluntary labor of the membership of a church without a paid, professional clergy—all have full opportunity and satisfaction of participation in the most important work and activity in the world today: sustaining the work of the kingdom of Jesus Christ.

These are but three examples of many. I chose them, because they are among the commandments that some today might consider onerous. These, like all of God’s commands are rich and generous in their benefits. I have merely touched the surface of the benefits from observance of each of these commandments. God loves us, and His commandments are a bounteous example of that love.

(First published March 1, 2009)

Filed under abundant life, commandments, fairness, freedom, giving, God, happiness, Jesus Christ, joy, organized religion, sabbath, service, sexual relations, taxes, tithing, worship Tagged with , , , , , , , , , , , , , , ,

Of the Meaning of “Still” and the State of the Union

May 7, 2014 Leave a comment

These thoughts, first published almost a year and a half ago, still seem pertinent today.

Notice how frequently these days when discussing the state of the American union, or any parts thereof, people rely upon the word “still.” That is a bad sign. When someone says, “I am still able to see my own doctor,” he or she implies that continued access is in doubt. Rather than reassuring, it insinuates caution and reveals anxiety. What do you hear when someone says, “At least I am still married”?

You do not commonly hear people using “still” in connection with things that they are sure of. If a baseball player boasts, “I can still hit the ball out of the park,” is he likely to be in his prime or in the twilight of his career?

Allow me to offer for your consideration a dozen recent objects of STILL in public discourse about the condition of the nation:

  • The United States is still the largest economy in the world.
  • The United States still has the strongest/best military in the world.
  • The dollar is still the world’s reserve currency.
  • The United States still is a free country.
  • America still is the land of opportunity.
  • The Supreme Court still can be counted on to defend the Constitution.
  • By hard work and best effort you still can become anything you want.
  • My children will still have a better life than I have had.
  • My children will still live in a bigger house than the one I grew up in.
  • In this country you can still get the best healthcare.
  • America still has the deepest, most liquid, and efficient financial markets.
  • At least the air you breathe is still free.

Undoubtedly, you can think of more for the list. Then, there are some things we do not hear people saying “still” about any more:

  • America is the best place to get an education.
  • Americans make the best cars.
  • I can freely speak my mind.
  • I can trust what I hear or read in the “news.”
  • You can count on the elections not being rigged.

I forbear going on. You can add more if you wish. There are some topics where the doubt is too palpable for people to venture “still” in their expressions.

If we leave the discussion at that, then we have a sad commentary on the sad state of the union. The expression of “still” in our conversation can reveal a desperate clinging to the past with a forlorn wish that things will work out for the future, without doing the good works to make the good future happen.

I would suggest, though, that “still” can also mean “not over,” or “not gone.” We need not settle for “still” and do nothing about it. That which we value can be reclaimed from assault and reinforced, the erosion stopped, the tide turned. After all, John Paul Jones is famous for winning a naval battle from the deck of his sinking—but still afloat—flagship, because he used it as a platform from which to regain what was lost. “I have not yet begun to fight!” is still part of the American heritage.

(First published February 10, 2013)

Filed under America, Constitution, courage, education, elections, environmentalism, exceptionalism, freedom, healthcare, money, rights, rule of law, Supreme Court, tyranny Tagged with , , , , , , , , , , , , ,

Of Jesus Christ and Revolutionary Doctrines

April 30, 2014 Leave a comment

There are several key doctrines of the gospel of Christ revolutionary to the general world. I do not include the existence of God, since belief in God is as old as human thought. The first man and woman believed in God, and that belief has continued—with much variation—among their children to our present day. Belief in God is not exceptional. It comes easily to the human mind. Disbelief seems to be more artificial.

Without an attempt to list the revolutionary doctrines of Christ by order of importance, I nevertheless will begin with the fact that Jesus Christ is the Son of God, and in His divinity He walked among mankind for some 34 years. Through word and deed Jesus proclaimed His relationship to the Father. That being true, and it is, all non-Christian religions are human inventions, however well-meaning they might be. Christ being a God, what He said was true, what He taught was true, what He did had divine approval and purpose. There is peril of the highest order in disregarding any of that.

Next I would turn to the revolutionary import of the resurrection, beginning with the resurrection of Jesus Christ. The Savior’s resurrection was as sure as His death. Jesus made significant effort to demonstrate the physical nature of the resurrection. When He appeared to His disciples in their shut up room on the evening of that first new day He had them touch the wounds in His hands and feet and the wound in His side inflicted by the executioners to make certain of His death, assuring the disciples that, “a spirit hath not flesh and bones, as ye see me have.” (Luke 24:39) When the disciples for joy yet doubted their own senses, Jesus emphasized the reality by eating some broiled fish and honeycomb to demonstrate the tangible nature of it all (Luke 24:41-43). The disciples even felt His breath on them (see John 20:22). In the Americas, shortly afterwards, thousands more beheld the resurrected Christ and personally felt the wounds of His execution (see 3 Nephi 11).

In this mortal world, death is as common as birth. The resurrection, already begun, will become as common as death, and will overcome death, making death as temporary as mortal life. Hence the Apostle Paul wrote to the Corinthians that, because of the resurrection, “Death is swallowed up in victory.” (1 Corinthians 15:54) That very physical resurrection rescues from oblivion all done in this very physical world, endowing it all with lasting meaning, nothing of value lost.

The fact that we each and all existed before we were born, in another sphere and in the presence of God, our Father, is another revolutionary doctrine of Christ. Jesus taught that His Father was also our Father, the literal Father of our spirits. On the morning of His resurrection, Jesus commanded Mary Magdalene to tell His disciples, “I ascend unto my Father, and your Father” (John 20:17). The Apostle Paul, who taught that we should obey “the Father of spirits, and live” (Hebrews 12:9), wrote to the Romans, “The Spirit itself beareth witness with our spirit, that we are the children of God: and if children, then heirs; heirs of God, and joint-heirs with Christ” (Romans 8:16, 17).

As His spirit children, we lived in the presence of our Eternal Father before this creation. The earth was purposely made for us, designed for our growth and development in our brief mortality. Not only did Christ’s resurrection preserve meaning and purpose for this mortal existence, but that purpose preceded the beginning of mortality. Among the many consequences of that revolutionary truth is the reality that all members of the human race are more than figuratively brothers and sisters. The children born to mortal parents existed before their birth, and they come from the same eternal home as did their parents. There is a deep-rooted respect that is due in both directions between parent and child.

In that context it is appropriate to recognize the revolutionary import of the Christian doctrine of the eternal nature of the marriage relationship. If we come from an eternal family that was formed before the earth was, then it becomes natural to recognize that life’s closest relationship, between husband and wife, is not a temporary arrangement. Love is the highest virtue of the highest heaven. Love finds its deepest manifestation in the marriage union. God, who preserves all good things, could not mean for that relationship to end with death. As Christ paved the way for us to live on through the eternities, so He prepared the way for a loving marriage to last forever for those who desire it enough.

Perhaps on another day I will more than touch upon other Christian doctrines that revolutionize the world and human relations. Among these would be the opportunity to talk with God and receive direct, personal revelation; the ability to change human nature, for better or for worse; the reality of individual freedom, such that God is not responsible for our personal decisions, we own them; and the continuing, unfinished canon of divine scripture, from ancient time into the modern era (scriptures were always revealed in a modern era to those who first received them).

These revolutionary doctrines of Christ are eternal, connecting us to an eternal universe, which makes them revolutionary to a mortal world where endings seem to prevail. They are rejuvenating to mind and spirit. When Christ taught them to the people of the ancient Americas, He declared that “all things have become new.” (3 Nephi 12:47) They make things new today.

Filed under charity, children, Christianity, creation, death, divine nature, Easter, eternal life, family, freedom, God, heaven, Heavenly Father, individual worth, Jesus Christ, marriage, mortality, premortal life, repentance, resurrection, revelation, scripture, spirit Tagged with , , , , , , , , , , , , , , , , , , , , , ,

Of the Soviet Union and the European Union

April 8, 2014 Leave a comment

Do you remember when the Soviet Union disappeared? Do you recall how and why? I hope that Vladimir Putin does. An accompanying question that needs to be considered is, why is Ukraine so attracted to the European Union?

To answer the first question briefly, we have to turn our attention to the final days of the old USSR, then led by Michael Gorbachev. Russia, the largest member of the 15 “Republics,” was led by Boris Yeltsin. Under Yeltsin’s leadership, Russia chose to withdraw from the Soviet Union. He said that Russia was weary of carrying the burden—economic, military, and otherwise—for the others. Russia just left, and after a brief try there was nothing that Gorbachev could do to make Russia stay. Without Russia, there was not much left to the Soviet Union, and the other members said “enough,” too. The Soviet Union was gone with hardly a whimper and little lamented except by the class of privileged communist leaders.

The word is that current Russian President, Vladimir Putin, wants to put the band back together, that he wants to reassemble the old Soviet Union, with the coercive influence of the Russian military as his chief tool. Not that he wishes to recreate the communist paradise of Lenin and Stalin. His vision reportedly reaches back to the great days of the czars—though presumably without the trappings of monarchy and royalty. Putin is through and through a Russian, so he wants to recreate a Russian Empire. Continuing along the path that he has set out, the path of creating an empire of the czars after the mode of the Caesars, he is unlikely to succeed. Been there. Tried that. Did not work.

It is hard to understand why Putin would choose that model. Why would he want to deal himself and the Russian people a losing hand? The Russian-dominated Soviet Union, assembled by the Red Army, failed. It did not fail because the Soviet leadership did not try hard enough, or was stingy in expending resources, or showed too little military muscle, to hold it together. It failed because—as Yeltsin recognized—it was costing too much to hold it together, draining too much life from Russia. The USSR was a bankrupt model (morally and financially) for building an empire, especially for keeping an empire. There were not enough hands to hold on tight to everything and everyone.

Perhaps Putin figures that without the burden of communism a strong Russian government could hold and control successfully where the commissars could not. In other words, he would reject the model of Soviet communism and embrace the model of a modern non-communist authoritarian regime, like the Third Reich. That one did not work so well, either.

There is a model available, tried and tested, that would work. It would unleash the power and greatness of the Russian people and at last make the most of the amazing resources of the Russian land. The results would exceed by far even the exaggerated dreams of czars and commissars. Does Putin have the vision?

I refer to the model of freedom, only briefly known to the Russian people, only occasionally offered in limited experiments, experiments that were always wildly successful, surprising only to the governmental leaders who tried them and then abandoned them, frightened by the successes. Applied boldly, we would see a Russian miracle that would change not only Russia but the world—all for the better. Free men and women, operating in free markets, protected by the rule of law enshrining individual rights, erected on the foundation of a constitutionally limited government, would be a model offering limitless growth and prosperity. Moreover, the variety of peoples and cultures in a land as vast as Russia could be recognized and accommodated, attracted and joined together, within a strong but genuine federation, united by the ties of thriving national markets, reassured by the rule of law supported by a just and independent judicial system to safeguard fundamental rights.

A dream? Perhaps it is, but a realistic one. This offers the answer to the second question. Why is Ukraine attracted to the European Union? Does not the European Union offer just such an option? Is not the economic prosperity and individual freedom—and room for national expression—found in the European Union obviously different from the offering of today’s Russia and the memory of the old empire? Is it not fear of the specter of the czars and commissars that haunts Ukrainians?

Was not the creation of the European Union once just such an impossible dream as a truly free and just Russian federation? For hundreds of years the fathers and mothers of the peoples of the European Union made war, large and small, upon each other, French against Germans, Germans against Austrians, Austrians against Poles, Poles against Germans, and round and round again. Today such wars among these same people are unthinkable.

Assembling such a federation takes time, patience, and skill. It may be too tempting for an impatient Putin to rely on his military muscle to make an empire. Perhaps for a brief time he could succeed by force to reassemble much of the old Soviet Union as a greater Russia. The greater challenge, the one that has proven impossible, is to hold such an empire together by force.

Such empire of force would very soon prove ungovernable, with rebellions large and small flaring up constantly. The brutality exerted to try to hold it all together would make the task of unity even harder and progress nigh impossible. It would drain away, once again, Russia’s strength in an unending effort, just as it eroded the strength of the USSR. Maintaining greater Russia by force has always proven a burden far greater than its worth, in the long run a losing effort that has collapsed in a weaker and vulnerable Russia. World War I was one example, the end of the Cold War yet another.

The people of Russia—along with its neighbors—can have a better and brighter future. A Russia built on individual freedom, free markets, free peoples, would unleash a new era of prosperity. Russia would become a beacon of wealth and success, with all Russians participating. Instead of Russians leaving to find their future, they would return to their homeland. If Japan can prosper on islands scarce in natural resources, imagine what free Russia could do, rich in resources, harnessed efficiently by the discipline of the markets.

Instead of an empire of force, a free and flourishing Russia would draw its neighbors to it as the European Union beckons to them today. No longer facing Russian fists, neighboring nations will come knocking at the door, eager to associate with Russia voluntarily, attracted by opportunities for betterment.

Of course, that is the theory. In practice, the more that Russia seeks the path of freedom and abandons the chimerical lure of military conquest, it will succeed. Russia would then achieve its real greatness in the world, the only way that it ever really could.

Filed under communism, economic growth, European Union, federalism, freedom, markets, military, prosperity, rule of law, Russia, socialism, statism, Ukraine

Of the Rule of Law and the Separation of Powers

March 27, 2014 2 Comments

In the 1990s I was part of a congressional delegation to Argentina. At that time the Argentine economy was growing strongly and steadily, inflation was low, the currency was pegged to the dollar, convertible 1-for-1. Trade barriers were being lowered, commerce was booming. I recall asking Argentines what could possibly darken what seemed to be a very 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.”

That reminded me of Washington Irving’s observation on a European judge, from his famous work, The Alhambra:

It could not be denied, however, that he set a high value upon justice, for he sold it at its weight in gold.

Not long after that visit, the politics of income redistribution and confiscation threw the Argentine economy into turmoil, where it has remained.

I recently spoke with an economist friend of mine, who was waxing eloquent about the attractive monetary and tax policies in Bulgaria. I remarked that this would probably invite foreign investment. He replied, “No, there is no rule of law there.”

The point is that good economic policy cannot long survive inadequate legal safeguards. Many businesses that made major investments in China, attracted by a market of a billion people, have learned that the lack of a reliable legal and justice system in China has undermined much of the business value they thought to find. A similar story has been holding back investment and economic development in Russia.

Bringing that home, I would venture that concern for changing rules (or even lack of rules)—the substitution of arbitrary bureaucratic powers in Washington over objective rule of law—has been inhibiting more robust investment in the United States, a major cause for our current anemic economic recovery.

An ancient king in the Western Hemisphere, named Mosiah, warned, “because all men are not just it is not expedient that ye should have a king or kings to rule over you.” (Mosiah 29:16) Because men are not consistently just, freedom has historically rested upon rule by law rather than rule by men.

Fundamentally, that was the very reason for the American Revolution. Our revolution was based on the rule of law, an assertion of the rule of law, a response to violations of the rule of law by the English king and parliament. Most of the Declaration of Independence is a lengthy litany of violations of law by the English rulers. The Revolution was designed to take power away from man and men and rest it upon laws and rights, soon to be secured by a written supreme law embodied in the Constitution. Any erosion in the force and effect of the Constitution is an erosion of the rule of law and of the freedoms that rely upon law for their defense.

The Progressive Movement that thrived about a century ago, and found a major advocate in the federal government in President Woodrow Wilson, aggressively proposed an alternative to the rule of law. This program was the Rule of Experts. Their new view—and it really was a very old view though they dressed it up in modern-sounding rhetoric—was that there are Benign People, Experts, who know the process of modern government better than most people do, to whom we can safely yield governing authorities.

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

The modern Rule of Experts people have much the same view, that these experts were endowed by their universities and other sources of expertise with ability far above that of most, and it would be wise to trust ourselves to their benign care. Not very democratic, and in fact these Benign Experts make no secret of their impatience with the Congress and other constitutional brakes on arbitrary authority.

As King Mosiah wisely pointed out that men are not always just, it is also appropriate to recognize that putting men in government does not make them any more reliably wise than the rest of us. The American Founders thought to address this problem by dividing political power among not only three branches in the Federal Government but also by embracing the federal system of dividing government with the States.

The current regulatory structure and program of the United States rest heavily on the idea that Benign Experts should be entrusted with authority for many of the big questions facing Americans and for many of the much smaller questions, too. That is certainly the structure of the Dodd-Frank Act, to offer one recent, prominent example among many.

Charles Calomiris, of the Columbia University business school, described the theory of the Dodd-Frank Act and related regulations this way:

The implicit theory behind these sorts of initiatives, to the extent that there is a theory, is that the recent crisis happened because regulatory standards were not quite complex enough, because the extensive discretionary authority of bank supervisors was not great enough, and because rules and regulations prohibiting or discouraging specific practices were not sufficiently extensive.
(Charles W. Calomiris, “Meaningful Banking Reform and Why it Is so Unlikely,” VoxEU, January 8, 2013)

This program of federal regulation has been imposed increasingly in contravention of the basic constitutional principle of separation of powers, by merging legislative, executive, and judicial authority in “independent” regulatory agencies. The unelected federal regulator today decides the details and specifics of binding mandates, identifies violators of those regulations, assesses guilt, and applies penalties.

Taken together our current regulatory system, by merging rather than maintaining the separation of powers of the Constitution, is eroding the rule of law. It is returning us to the age old practice of rule by men, with all of the potential for abuse of rights and freedoms, abuses that fill up most of the sadder pages of human history.

During the debate over the creation of the new financial consumer Bureau, Senate Banking Committee Chairman Dodd boasted that with this new agency people would no longer have to come to Congress for the enactment of new consumer laws. The Bureau would take care of all that.

There are serious operational flaws—too often overlooked—in the program of governance by Benign Experts. First, the regulators are not dispassionate umpires, limited to calling the balls and strikes. These umpires are also players in the game, the federal agencies each having their own set of particular interests and incentives that they take care of first.

Second, reliance on Benign Experts assumes an unproven, undemonstrated level of knowledge, insight, and forecasting skills. AEI President Arthur Brooks, in his book, The Battle, provides one of many examples of this flaw:

Federal Reserve economists were still forecasting significant positive growth and moderate unemployment in May and June 2008. They believed that economic growth in 2009 would be 2.4 percent, and unemployment would be 5.5 percent. What we experienced instead was negative growth, double-digit unemployment, and the destruction of at least $50 trillion in worldwide wealth. No one can get the numbers exactly right, to be sure. But getting them this much wrong certainly lends a whole new meaning to the expression ‘margin of error.’
(Arthur C. Brooks, The Battle, p.46)

It is not that regulators are dumber than the rest of the population, but they are no smarter either. The regulatory problems are increasingly too great for any designated group of humans to solve.

Third flaw, mission creep: power attracts power. Even if the tasks are too great, require too much knowledge, insight, foresight, and other skills in unachievable degree, the regulators still take them on, especially if the task increases the reach and influence of the agency.

I offer two examples from an example-rich environment.

Basel III capital rules started from a simple idea, that banks all around the world should be subject to the same capital standards. Capital (the financial cushion a bank carries against losses) is one of the three key elements of sound banking, the other two being liquidity and earnings. These international rules did not remain simple. Developed by an international team of experts from around the world, who labored on them for years, the rules number hundreds of pages, affecting the entire financial structure and business model of a bank, any bank. Congress was not involved and has no particular role in approving the rules. When exposed to public review they attracted thousands of comment letters expressing dismay that they are a bad fit for the U.S. economy. In the end, though, the regulators can go ahead with what they alone think is best.

A second example would be the Federal Reserve. One hundred years ago this year the Fed was created with a specific, identifiable, and rather narrow purpose, to provide liquidity for the banking system in times of financial stress. Before long, the Federal Reserve gained control of monetary policy and built up the practice of controlling interest rates. Later, it was given the task of promoting maximum employment. Under Dodd-Frank the Federal Reserve’s role in supervising banks and bank holding companies was expanded to supervising any financial business considered to be significant for financial stability. Each of these powers has drawn the Federal Reserve away from its narrow, objective task, to broad fields of subjective authority.

Perversely, this expansion of authority into more judgmental areas is eroding the independence of the Federal Reserve, making it yet one more political player in Washington, with responsibilities that far exceed human ability to fulfill, but which reach to every business and every home. The Fed’s prolonged policy of keeping short-term interest rates at or about zero has penalized all who save and live off of their savings, transferring trillions of dollars from savers to borrowers, the biggest borrower being the Federal Government, a policy decided by a small group of Washington experts.

I offer a partial but simple solution to point us back toward strengthening the rule of law and reducing our exposure to the rule of man and men, however expert they might be. Return the lawmaking and the policy decisions to the elected representatives. It is a messy process, but 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 left with the duty of implementing the laws and policy decisions that the elected and accountable representatives make.

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

We would still have laws and regulations, but the laws might be more direct and specific, and perhaps fewer and surely smaller. We would probably not have Dodd-Frank Acts that number thousands of pages read by no congressman or Senator, containing a cacophony of half-baked ideas and multiple solutions to the same problem, all left for the regulators to sort out.

And legislators might recall this caution, from Thomas Paine:

Laws difficult to be executed cannot be generally good.
(Thomas Paine, The Rights of Man)

(First published February 17, 2013)

Filed under Argentina, banking, bureaucracy, Congress, Constitution, Dodd-Frank Act, Federal Reserve, federalism, freedom, government, interest rates, knowledge, law, progressives, rights, rule of law, Russia, statism, systemic risk, tyranny, Woodrow Wilson

Of Self Determination and Carving Up the World

March 24, 2014 Leave a comment

Woodrow Wilson unleashed some nasty asps of public policy on the world, the venom of which continues to work its misery on mankind. Professor Wilson as President pushed into practice the idea that American governance should be shifted from the people who elect Senators and representatives and entrusted instead to a cadre of wise men in the executive branch. Experts like himself, elite college professors and their best students, would know better how to manage the affairs of others than would the teaming masses of the nation left to make their own decisions.

Today, thousands of regulations, uncounted yards of red tape, and millions of bureaucrats later, we all live within a shrinking sphere of personal liberty, with diminishing control of our lives, permitted to make few decisions without someone we do not know having a major say in so much of what we have and do. Increasing numbers of our neighbors have effectively been rendered wards of the state, unable to manage their own lives without dependence upon a myriad of government programs that punish individual initiative and grind up families. Today, the most reliable predictor of poverty in America is being a single mother. Lured into the web of sweet-sounding sticky federal, state, and even local programs that promise help, these government victims are rarely delivered from poverty, and neither are their children or their grandchildren. This is surely not what Woodrow Wilson intended, but it is surely what his model of governance by experts has delivered. Obamacare is one of the most recent and obvious examples of this machinery of misery.

Yet it can be argued that nothing that Woodrow Wilson bequeathed has worked more harm than the destructive principle of “self determination,” imposed by Wilson and his international experimenters at the negotiations to rearrange the world after World War I. Of course, he did not act alone, but Wilson did much to make the world safe for World War II. Self determination worked its evil by institutionalizing perpetual turmoil in eastern Europe and the Balkans, as bickering and unstable micro-states created a power vacuum tempting for fuehrers and commissars to fill.

The concept of self determination can seem appealing as long as you do not pause long enough to consider how it might actually play out in practice and over time. The basic idea—and it does not go very far past this basic idea—is that every group of people has the right to find its own place in the sun, either with its own government or subject to another, whichever the group might wish.

It was this idea that Russian boss Vladimir Putin invoked to cloak his grab of Crimea. The people of Crimea had a vote (carefully monitored by Russian troops) in which over 95% said that they wanted to break away from Ukraine. And then they decided, almost the next day, that they wanted to become a part of Russia. According to the Russian Government, this was all very legal and in keeping with international law. It was self determination. Who could object? It was more than faintly reminiscent of the nearly unanimous votes in the nations of eastern Europe a generation ago—when occupied by the Red Army—in favor of communist regimes closely allied with the old Soviet Union. More self determination.

I wonder whether Professor/President Woodrow Wilson thought of how his principle of self determination would have worked in American history? What if Wilson instead of Lincoln had been President in 1861? Did self determination apply to the people of the southern states who wished to leave the Union?

I also wonder how dedicated Vladimir Putin really is to the principle of self determination? If it applies to Crimea, does it also apply to the people of Chechnya, who seem to be eager to be out of Russia? Are there other minority populations in Russia yearning to breathe free?

How about elsewhere in the world? Is self determination a universal principle worthy of universal application? Are Turkey, Syria, Iraq, and Iran ready to let the Kurdish minorities carve up their countries and realize their dream of a new Kurdistan? How about Muslim minorities in southern islands of the Philippines? The Tamil populated northern Sri Lanka? The Sunni-majority communities in Shiite majority Iraq? The multitude of tribal groupings in virtually every country of sub-Saharan Africa? Are all of the many minorities of China content with being governed by Beijing?

When would the bloodletting of self determination ever end? It has not ended yet, whether used as a justification for aggression or as a means of sustaining discontent. It is a ponderous legacy.

Filed under Abraham Lincoln, academia, Civil War, communism, freedom, healthcare, progressives, Russia, self determination, statism, Woodrow Wilson

Of Free Agency and the Game of Life

March 17, 2014 3 Comments

This past week my wife and I were drawn to an interesting and insightful headline from the Sports section of the newspaper: “Free agency can be useful tool if used correctly”. Very true. This may be true in the games of sports. It certainly is true in life.

In professional sports, free agency means having some choice as to which team a player may join and on what terms, depending on talent and performance, interest, and the advocacy skill of his representative, among other factors. Used well, the player may go on to a successful and happy career, profitable for him and for his team, opening up even greater opportunities, including perhaps championship achievements and continuing successes beyond. Used unwisely, free agency can lead to a career that is a frustrating struggle inhibiting growth, achievement, and limiting follow on opportunities.

In life, free agency means that you and I can choose our manner of living in mortality and, in the process, the terms of living and opportunities available in the immortal worlds, depending again on talent (as expressed in performance), interest (again demonstrated by performance), and the effectiveness of our representative. If you will agree to His terms, you can have the very best Advocate as your representative, who only emphasizes your triumphs and takes upon Himself the blame for all of your failures.

A popular board game I knew as a child was “The Game of LIFE.” In this game several players compete by moving along the board on a marked path, buffeted by the vicissitudes and aggrandized by the rewards of life as determined by the cast of the die. Its virtue is that it presents to children how life is a steadily moving journey filled with a variety of experiences building to some degree on the ones before. The game was not a favorite of mine, because it asks for little skill from the players, the events of the game subject almost entirely to chance. In that sense, it teaches the false lesson that how you fare in life has almost nothing to do with your skill and the exercise of your free agency and everything to do with fate, beyond your control. Success or failure happens. Perhaps the game does little harm as a diversion, but I have not played it in a long while.

Life is not a game of chance. Neither, is it a sport, least of all a spectator sport. Each of us is the key and central player involved in making and applying decisions. The period of life called mortality is a testing ground, where decisions are free only because results are meaningful. The results derive their meaning from their reach into the worlds of immortality, following our death and resurrection. Because life has meaning then, it has meaning now.

That meaning is a gift from Jesus Christ, purchased by His free gift of voluntarily suffering for our sins, including surrendering His life in an unjust execution, one that He could have prevented should He have exercised His free agency not to bear our burdens. Because of the injustice of that suffering, He came back from the dead and conquered death, to die no more. Death was thus converted into a temporary interlude for all of us, allowing the choices of this life to extend beyond the grave.

If, on the contrary, each one of us were to end in death, if our being were then to cease to exist, then nothing we did would really matter in that end. Whatever we did, whatever we achieved, whatever we learned, so what? It would all be gone, never to be reclaimed.

Nothing we do makes any difference in the end, if in the end we are nothing, literally nothing. As far as we are concerned, it all vanishes with us, and any memory of us ends with the end of any who remembered. With nothing now mattering later, then all loses any present meaning. Any meaning we attach to anything now is a mirage, or even a charade. Like a child’s game, things seem to matter until the game is over, when nothing matters.

If nothing that we do matters, then the choices and decisions that we make do not matter, they have no lasting result, they make no real difference in the end. Whether we put too much salt or pepper in the soup, it makes no difference if no one eats it. With death as the end of it all, of all existence of any kind for each of us, then we really have no freedom, because we cannot and do not change anything for ourselves or for others. In any and all cases, whatever choices we make, it all ends the same way, in complete nothingness, annihilation of being. Choice itself becomes meaningless, a mirage, a charade.

But it is not like that in reality. It does not feel like that, and very few of us, even the atheists among us, believe or act like nothingness is our destiny, as if what we do is lost in the void, as if our choices do not matter. Christ’s redemption of us and of the world has changed everything for everyone. It gives lasting value to our choices, our actions, our decisions, making them all very real, preserving their consequences, their reach into the continuing life beyond our very temporary death. Our decisions can and do affect ourselves and others, in lingering ways. Christ’s redemption from death makes our freedom possible, then and now, because what we do matters, and how it matters is preserved.

With that freedom, Christ has given us a tool, which certainly can be useful, if used correctly. Fortunately, He also has given us guidance and still gives us guidance so that we may get and save the best results from the use of our free agency. And that is a big part of why we celebrate Easter, why Christ’s atonement and resurrection are the central event in Earth’s history.

Filed under abundant life, agnosticism, atheism, atonement, choice, death, Easter, eternal life, freedom, happiness, Joseph Smith, life, morality, mortality, resurrection, sports

Of War and Virtue

March 3, 2014 4 Comments

One hundred fifty years ago the United States remained divided in a brutal war of rebellion. Rather than unusual, such convulsions are typical in the establishment of representative republics. It does not come easy for a population new to a republic to embrace in practice the idea that matters of life and wealth should be resolved by votes. It seems that the age old recourse to arms and blood has to be tried again a time or two before people, who have only experienced more abusive government, come to accept that ballots and representation, enshrined in the rule of law, are a better way of deciding a society’s important issues.

One hundred fifty years ago, in 1864, the people of the young United States were still learning that painful lesson. But the instruction was nearing its end. Back in July of 1863, at Gettysburg and Vicksburg, the outcome of the war became inevitable. The rebels of the southern states were going to lose, constitutional government of the United States was going to succeed. The only chance for the rebels would be if the loyal people of the nation lost their determination to persevere to reunite the nation and reaffirm the constitutional republic. Often that seemed in the press to be an iffy question, but in reality the republican will remained strong. The hundreds of thousands who sacrificed life and limb in the field of war, in an overwhelmingly volunteer army (the number of drafted soldiers remained relatively minor), testified to that determination.

In the winter of 1863-64 U.S. soldiers in the field reenlisted in large numbers. Throughout 1864, and into the Spring of 1865, many thousands more would die, but the battles were becoming increasingly futile for the rebel cause, little more than adding to the destruction and suffering that rebel commanders were pulling down upon themselves and their fellows and families in this national lesson in self-government.

For the rebel soldier, experiencing defeat after defeat to his regiment, his corps, or his tattered army—with only occasional respites and temporary successes—it all may have felt pointless. The high and growing rate of desertion from rebel armies in those days suggests so. The historian comes to this point in the conflict and is tempted to describe the remaining rebel heroics and gallant but failing defenses as futile, the casualty lists a bloody tally of worthless and wasted sacrifice—particularly for so ignoble a cause as breaking up the best form of government on the earth at the time.

From the perspective of the rebel “cause” it was pointless, the continued bloodshed and destruction a burden for which the rebel leaders—in the rebel government and at the head of the rebel armies—will surely have to give an accounting before the Judge who weighs the doings of nations and those who lead them. Does that mean, therefore, that the daily struggle of the individual rebel soldier was meaningless? His effort could not change the outcome, only affect in some small way its overall cost.

And yet, throughout 1864 and to the end of the war, there were meaningful and often pitched battles fought on every field of action. The battles to which I refer echo a passage from The Book of Mormon written almost two thousand years before, describing an ancient American people after a very long war:

But behold, because of the exceedingly great length of the war between the Nephites and the Lamanites many had become hardened, because of the exceedingly great length of the war; and many were softened because of their afflictions, insomuch that they did humble themselves before God, even in the depth of humility. (Alma 62:41)

War, on a very personal level, appears to accelerate moral development. Individuals become more virtuous or more evil more quickly than they might under more peaceful conditions.

I believe that for the individual rebel soldier, as for perhaps every soldier, the real battle was his own, and in the end it was the most important battle with the most long-lasting consequences. Abraham Lincoln understated that the world would “little note, nor long remember” his speech at the dedication of the Gettysburg National Cemetery, though he perhaps correctly predicted that the world would never forget the great battle fought there.

In the full scheme of things, in terms of what really matters in the eternal worlds after this temporary one is rolled up and its purposes completed, the individual battles fought by each soldier on each side will be recognized as far more important than the whole Battle of Gettysburg. The battle of armies is a temporary one. The battle fought by each soldier, whether he exercises virtues or chooses vices, is the more permanent, the one that has never ending consequences. The battles of freedom were fought in recognition and preservation of these more important personal struggles we all have.

In the battles of 1864 and 1865 of the American War of the Rebellion the rebel soldier could not change the outcome of the war. But in each case his own personal triumph or defeat was there to be etched into his character more permanently than the scars of bullet and saber in his flesh.

As my son has often reminded me, everyone who fought in the Civil War died. And all of them lived. So must we all die, and yet we will all live again where there is no more death. By the time each of us leaves mortality, each must face and fight his battles, the ones that really matter far above those recorded in the history books of the world.

Filed under Abraham Lincoln, choice, Civil War, civilization, Constitution, death, elections, freedom, government, individual worth, military, morality, perseverance, rule of law, sacrifice, The Book of Mormon

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