Of Majority Rule and Minority Freedom

November 23, 2021 1 Comment

Photo by Davide Ragusa on Unsplash

The majority rules, the minority be damned.  That is the heart of a democracy.  The Founders of the United States wisely chose a different course.  They recognized that popular majorities are inherently unstable, ever shifting, never constant, with little patience for the minority.  Each of us, however, is always and ever part of some minority.  The Founders sought a durable nation that would accommodate variety, so they established a republic.  More precisely, they established a democratic republic, where representatives are chosen by democratic action.

A republic works, and can only work, by respecting and accommodating one another sufficient to find agreement, which is often elusive.  A representative legislature by definition gathers delegates who have their own minds, who carry with them divergent views and interests, and who cherish rights to be respected.  From my personal experience I have observed that no one in Washington is your ally or your opponent all the time.  I find that reassuring, and occasionally surprising.

This structure accommodates several things that we hold dear.  Our republic accommodates differences of opinion, or even better said, varieties of opinion.  I have rarely been in a conversation with more than two people where all were in agreement on every point raised.  I have similarly rarely been in such a conversation where I did not benefit from the interplay of ideas.  We often can reach a consensus, but it is not consensus on all things.  A republic embraces this. 

In a republic no majority mandates our tastes.  Our republic, for example, allows for an assortment of cultures.  It had to or would never have been created.  I like to bring flags to our family reunions, symbolizing our cultural heritages, from my parents’ families to those of the new in-laws as our children have married.  With preeminence for the Stars and Stripes—reminding us of the attraction of this nation—our family unity makes enjoyment of those cultural influences an enrichment, in our clothes, in our menus, in our games and sports, in our traditions.  I see that in other families.  In much the same way, the constitutional foundation of our republic fosters a commonality upon which a cornucopia of good things thrives.

A republic requires several things that we find necessary, embedded in our Constitution.  It requires freedom of religion, free speech, private property, a market economy, separation of powers, a federal system of government, among other things.  God Himself implores freedom of religion on His earth, free hearts with devotion to be freely extended to Him and expressed in love to His children.  A market economy means that we are free to exchange our time, talents, and resources with one another, without being limited to choices that only the majority favors, hence the incredible selection of goods and services, often some only favored by a few (like my argyle socks).

The Founders understood a principle of governance also articulated in scripture:

“We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion.” (Doctrine and Covenants 121:39)

Best to reduce the chance, especially should one profess to represent the majority of the people.  Safer, as in our federalized republic, to divide such power.  I recall Senator Phil Gramm, for whom I worked for many years, saying how frustrated he was when first elected to Congress at how little one person could accomplish in Washington.  He added that after a while that gave him great comfort.

Filed under Congress, Constitution, democracy, federalism, free speech, God, government, markets, religious freedom, republics Tagged with , , , , , , , , ,

Of I and We

July 17, 2021 Leave a comment

Photo by Ilona Frey on Unsplash

Perhaps you have been chary of letting other people speak for you.  I know that I have.  I tend to bristle when someone announces what “we” are going to do without consulting with the “I”s in the “we.”  I feel much the same when I hear someone declare what “we” think without caring to learn what I and the other components of “we” think. 

Sometimes it is necessary or unavoidable to have someone speak for me.  I think of representative government.  A Congress of 330 million people will either get nothing done, or it will devolve into rule by a dictator who has, as an effective demagogue, arranged for enough of all of us to cede to him their will.  The city states of ancient Greece experienced both failings of genuine democracy—mob rule and dictatorship—and displayed how it never worked for long.

The Romans, inhabiting a city state governed by a king, threw off their king and created a democratic republic that flourished for several hundred years.  They elected Senators to represent them.  The Romans did not like a king who spoke for them without asking, but they thrived under a system of Senators who spoke for them, but only after obtaining the Romans’ permission.  That worked for centuries until the process of gaining permission—elections—became corrupted.  The Senators concurrently became corrupted, unwilling to face blame for making decisions.  The democratic republic was replaced by a government of emperors and Caesars.  Rome afterwards oscillated between civil strife and dictatorship on the way to collapse and invasion.

In the years following 1776 we, as a people of free individuals, united to shake off our king who claimed the privilege of referring to himself as “We” when speaking.  In 1787 “We the People,” through our chosen representatives, also established a democratic republic.  That followed the formation of democratic republics in each State.  Both sides in the debate to ratify the new Constitution emphasized keeping representatives tied closely to the represented.  Skeptics wondered whether that would actually happen or long endure if it did.

Individual people, representatives and represented, are imperfect, as the Founders understood.  We each prize our individuality and the liberty to live it.  We each can also be tempted to exert our will over others.  Consider the occasional neighborhood “WE BELIEVE” yard signs.  Are these an expression of personal faith or a declaration that you and I ought to consider ourselves included in the “WE”?  I wonder about the latter when I see decrees by federal officials, state governors, and local mayors extending government force to the seemingly anodyne slogans ornamenting the signs.  The man who today sits in the oval office, who would not dare to call himself a czar, has appointed a man (previously rejected by a national election) to be the nation’s “Climate Czar.”

We are scheduled to reach 250 years of our democratic republic when the 17-year cicadas next return.  Will they emerge in a nation still governed by “We the People”?  Or might they come out of the ground where the voices of the I’s have been subsumed by other Czars who announce what We think, do, and say?  Creeping political correctness, which has been chastising free speech for decades, telling us what not to say, has lately become enforced by governments, workplaces, media, and schools.  As the prophet Isaiah warned, a man is made “an offender for a word” (Isaiah 29:21).

By the way, the titles “Czar” and “Kaiser” are derivatives of the Latin title “Caesar.”

Filed under Constitution, democracy, free speech, government, individual worth, mobs, republics, rights, Rome, 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 Free Speech and Insensitivity Training

July 23, 2015 1 Comment

There is a poignant scene in “Lawrence of Arabia”, a movie with many poignant scenes, in which Lawrence demonstrates to a fellow officer how to snuff out a candle. He pinches the flame with his fingers. The other officer gives it a try but jerks back his hand when his fingers are scorched.

“That hurts,” the officer complains. Lawrence replies, “Certainly it hurts. The trick is not minding that it hurts.”

There is a lesson there, particularly important for a society that has become hypersensitive to injury, real or imagined. Hurt may come from something as small as a look—or failure to look. It may come from an article of clothing, either worn or neglected. Lately flags have been targeted as sources of personal and even societal pain. Hurt may come from something as small as a word. Indeed, I think that most often today and in our society, both words and our sensitivity to words have become sharpened.

If we are to preserve freedom of speech—in all its important varieties—we need to develop some insensitivity, as in not minding when it hurts. Freedom of speech only matters when someone hears something he does not like. The choice then is intolerance and silence or freedom and not minding the hurt.

Another way to look at it is that we most desire freedom of speech when we are the speaker. From the point of view of listener, we may have mixed emotions. We may like what we say, but when we do not like what we hear do we wish to silence the speaker, or do we accept the options of free speech, to turn away or to endure another’s unpleasant rodomontade?

Freedom of speech was made part of the First Amendment, because rulers and monarchs were at pains to inflict genuine physical hurt whenever they took offense at the words of their subjects. The First Amendment’s protection of free speech was needed to protect people using words that hurt people in government, that offended people in power.

Even though enshrined in the Constitution, freedom of speech has to be won by each generation, because it is constantly in jeopardy. Americans are nearly unanimous in their support of freedom of speech when it is speech that they like, speech that reinforces their own views, and especially speech that praises and flatters. We do not particularly need the Constitution to protect that kind of speech. Speech that is unpopular, speech that goes against the grain, speech that is obnoxious to our opinions, speech that challenges our beliefs, that is the speech the Founders fought to protect. Most of human progress has come from that kind of speech. It is speech that is worth protecting today and that many try to silence.

President Obama and his political friends are fond of declaring that “the debate is over,” whether referring to Obamacare, the Dodd-Frank Act, climate change, same-sex marriage, or other important issues of significant disagreement. I expect that soon we will hear President Obama, Secretary of State Kerry, and other administration spokesmen insist that the debate is over with regard to the nuclear deal with Iran. In a free republic, can the debate ever really be over?

This is nothing new; it is a continuation of a very old struggle. Despots great and petty since early ages have exercised what power they might to silence ideas and expressions they did not want to hear, or did not want others to hear. The gallows, flames, and torture chambers of yesteryear are matched today by bullets, bombs, and bayonets from radical Islam and totalitarian governments. In the West, where constitutions solemnly embrace free speech, voices are silenced by public ridicule, elaborate and intrusive regulations on what can and cannot be said and when and where—reinforced by government fines, restrictions, confiscations, and jail time.

I recently visited my son at his new job at a large factory. He was very careful to spell out to me a lengthy list of subjects I should not bring up, whether from fear of his colleagues, company policies, or federal, state, and local regulations. I have been given similar training at my place of work.

When I was young I was taught to be courteous and not seek to offend. I was also taught to be slow to take offence. Do children today repeat the rhyme I heard as a child? “Sticks and stones may break my bones, but names can never hurt me.” I wonder. Or are our children taught today that there is great reward in being the sensitized “victim” of someone else’s “offensive” words? Where do we find freedom in that?

Filed under Barack Obama, choice, Constitution, demagoguery, Dodd-Frank Act, free speech, freedom, global warming, Iran, Islamists, media, opposition, politics, republics, statism, tyranny Tagged with , , , , , , , , , , , , ,

Of Lessons of History and Preventing Wars

May 24, 2015 Leave a comment

History does not repeat itself, not precisely. Humans, though, have been doing similar things for thousands of years. History offers patterns from which we can learn. That is to say, that there is nothing new that is wholly new.

There is too much for comfort in the current international situation—and the U.S. response to it—that feels like the 1930s. The republics of the West, focused inward, struggle with economic traumas and work hard to make them worse in the name of making things better. National leaders even when aware of storm clouds on the global horizons ignore them if they can, and minimize the dangers if they cannot, applying symbolic but ineffective remedies where action is unavoidable. Aggressive second rate powers strive for recognition as though first rate powers, conspiring to disrupt the international equilibrium and the peace that rests on it to get what they want. While potential enemies rapidly rearm, the West disarms in the name of peace, heedless of the wars and conflicts that fill the vacuums of their military retreats. Again, I am talking about today, not the 1930s, but the parallels are disquieting.

The United States has gotten into unwanted conflicts, especially in the 20th Century, when adversaries miscalculated our nation’s willingness to sacrifice to defend crucial interests. Weak-kneed, pusillanimous, or just unwise national executives invited war by giving enemies many reasons to doubt our will and resolve: unprepared armed forces, verbal warnings enforced with bluster, shirked fulfillment of pledges to help endangered friends. The Japanese thought that isolationist and poorly armed America would seek a negotiated settlement after Pearl Harbor, the North Koreans were confident that we were too war-weary to defend the South, Saddam Hussein—twice—believed that we would not want to fight a war in the sands of Iraq. Our responses to frequent goading did little to dissuade them. Logically following our miscues they each went too far at last. They all could have been stopped by a determined show of strength early while war remained avoidable, when we could have corrected their calculations at lesser cost to us and to them.

The communist leaders of China are by nature cautious. You survive the palace intrigues of the Forbidden City by avoiding mistakes, not by making them. But the Chinese leaders also have big plans, increasingly marked on a global map. The leaders of the regime in power are the heirs of their founder, Mao, who liked to refer to the United States as a paper tiger. For a time Nixon and Reagan disabused them of that notion, but they seem to be reconvincing themselves of Mao’s insights. Where is the recent evidence to the contrary?

At first, Chinese forays were camouflaged by equipping and supporting the adventures of the proxy North Koreans. Lately, the Chinese military itself has repeatedly hacked into U.S. civilian and military computer systems, with efforts ranging from nuisances to theft of military and technology secrets. The rapidly expanding Chinese navy is now building aircraft carriers, though it has no overseas enemies. In a related effort, the Chinese are dredging up artificial islands in the South China Sea, a thousand miles from their shores, closer to the Philippines, Malaysia, and Vietnam than to the southern coast of China. With naval stations and air strips on the islands, the Chinese are asserting a dramatic expansion of territorial waters measured from these militarized sandbars. Connecting the dots from new island to new island (there are some half dozen or more of these land-creation projects underway), the Chinese navy alleges control of sea lanes and airspace, demanding that planes or ships not pass their theoretical net without Beijing’s permission. The U.S. has made protests, recently backed up by a reconnaissance plane flying across what has been international waters and free airspace since before and after World War II. At least for the moment the Chinese only fired words, eight times (according to a CNN story) warning the U.S. plane to stay away. “This is the Chinese navy. You go.”

This is a minor disturbance in a major geopolitical struggle. Busy trade lanes cross the South China Sea. In the context of Beijing’s acquisition of an offensive, MIRVed nuclear missile arsenal now approaching the size of Russian and U.S. nuclear forces (the U.S. being the only one developing plans to reduce its stockpile), the risks are becoming very high.

China has big domestic problems. The economy is slowing, if not already in recession. That will make it even harder for Beijing to keep quiescent a population only half of which has experienced extraction from grinding communist poverty. An aging population will be difficult for the declining workforce to support in coming years. And then there is the legacy of China’s one-child policy, more than 100 million males with no possibility of marriage and family. What to do with those restless men?

Throughout history, China’s biggest dangers have usually been from Chinese, vulnerabilities from the outside attracted only when there was weakness caused by internal struggles. Might the heirs of Mao seek to distract internal discontent with international adventurism? A lesson from history is that the more autocratic the regime, the more likely it is to resort to this gambit.

We need a foreign policy that convinces the Chinese leaders how dangerous and unrewarding such moves would be. That becomes harder to do the more we allow the Chinese to fool themselves that it might be otherwise. That was a pattern of disaster for Tojo, Hitler, and others—and for us.

Filed under America, China, communism, economics, exceptionalism, Franklin D. Roosevelt, international relations, military, national defense, national security, peace, republics, Ronald Reagan, Russia, war Tagged with , , , , , , , , , , , , ,

Of Compromises and Congresses

January 7, 2015 3 Comments

The beginning days of 2015 have brought the convening of a new American Congress. It is fair to say that expectations and skepticism are high.

Both are merited. Our Constitution was inaugurated with high expectations, not that the end to all problems was at the door but that the means were available to deal effectively with the problems of government for the new nation. The people who wrote the Constitution and those involved with implementing it (many the same people) were also deeply skeptical of government, including the one that they had just created. Memorable and personal experiences had shaped their skepticism. For that reason, the adoption of the Constitution had been a close thing, the opposition coming chiefly from those who thought that it imposed too much government on the people. There may have been some contemporary views that the proposed national government would be too weak and light, but I have not found any examples.

No surprise, then, that an early use of the new Constitution was to adopt the Bill of Rights—a set of fundamental rights to protect individual people from their government. If this new government were really self-government (a misconception reflected today in such bromides as, “Don’t worry about the national debt, we owe it to ourselves,” and “we should not fear the government because we are the government,” as well as much similar foolishness), then these first ten amendments would all be unnecessary. They have since proven to be very necessary, sometimes breached by our government, but more often employed to preserve and protect us from government offense.

Much as with the convening of the First Congress in 1789, the 114th Congress convenes after a troubled period of bad government. Hopes and wishes abound that errors can be corrected, freedoms restored, troubles addressed. As then, so today patience is in order.

A great virtue of our Constitution, an intentional feature, is that no one person can do much, for good or ill, in the federal government. It takes a lot of people cooperating together to get things done. Both Houses of Congress, usually with significant majorities, must agree to identical—word for word identical—legislation for it to be sent to the President, who must agree enough to add his signature to make it law. And then the President and his colleagues in the executive branch must actually execute the law, which as we are seeing with this President is no sure thing, despite a solemn oath to do so.

All of that coming together of many people, with varying ideas and backgrounds and interests, seldom happens quickly. For a people who do not need a lot of laws and direction from government to know how to live their lives, that is a fact to be celebrated. As the Founders envisioned, making law requires compromise and accommodation of the many interests of the many who compose our great nation. That takes time, as it should.

It is a mistake to banish the use of compromise from republican government. Those who would eschew compromise in our Republic would doom us to the fate of the Roman Republic. The members of the Roman Senate lost the ability or willingness to compromise. In so doing, they were doomed to inaction—not just slow deliberation—in the face of crisis, followed by reliance upon dictators, whom they fancied they could limit if not control. They sometimes chose wise men, sometimes they trusted their liberties to demagogues, invested with nearly unilateral authority for an entire year. The Republic and Roman freedom regressively devolved into the rule of the Caesars.

I understand the impatience that many have with compromise, people who would wish bold and decisive action in response to the would-be Caesar currently in the White House. To these I would say, do not despair of the strength of the Constitution, even as the chief executive seeks to violate it. In such times strengthening the Constitution and reinforcement of its checks and balances are the orders of the day, not further erosion of accommodation and compromise that have held our nation together (even through a Civil War) for two hundred years and more. It is true that some compromises are bad; despotisms or anarchies are not much good.

One of the most important compromises involves idealism and realism. American legislation requires a marriage of idealism and realism. Idealism can offer the vision of a free and prosperous nation and the inspiration to action to protect and promote our liberties. Realism, when operating in the light of idealism, focuses our work on what can be achieved now, without exhausting our energies and resources on quixotic quests that may do little more than tear the national fabric. Realism would teach that much of the policy errors of years will take years to unravel. With idealism and realism together, we can know what can and should be done today to make things better and get national policy moving in the right direction.

While a realistic view of the doable is essential to good legislating in a Congress of free men and women, the key and fundamental principles of our idealism help us discern a good compromise—one that makes things better and enables further progress—from a compromise that walks us closer to the abyss. President Reagan made many compromises, but he had a vision and knew where he was going, each compromise uniting our nation for more prosperity, greater freedom, and stronger security.

We should rejoice that no one in the Republic by himself can bring about much change, however well meaning. That virtue of our Constitution is why it has taken many steps and many mistakes to come to the many calamities our nation now confronts. In the same way, because of this Constitution, it will take seemingly many steps along the way to optimal answers. Every reason to be about the work and not tire of it.

Filed under America, anarchy, Congress, Constitution, elections, freedom, government, law, national security, patience, perseverance, politics, republics, rights, Rome, Ronald Reagan, tyranny Tagged with , , , , , , , , , , , , , , , ,

Of Presidents and Derelicts

November 20, 2014 Leave a comment

Barack Obama is no fan of the Constitution. He has been known to criticize it for its focus on limiting government, for telling governments what they can and cannot do. He prefers a Constitution that focuses more on telling governments what they should do, at least telling governments to do what he would like, including seeing to the “redistribution of wealth,” or what he calls elsewhere “redistributive change.”

Of course, that is a mischaracterization. Not a mischaracterization of Obama’s views but of what the Constitution says. It does limit government, but it also gives government specific responsibilities and the power to exercise those responsibilities. Article I, Section 8 provides a very clear list of the federal government’s duties. It is noteworthy that those enumerated responsibilities and powers are in the Article that establishes the Congress. The list includes such things as providing for the common defense, borrowing and paying government debts, regulating foreign and interstate commerce, establishing standards for weights and measures, and so forth.

There are plenty of other provisions that limit the powers of the government and how it operates. The Constitution is a balance of governmental duties within a structure intended carefully to limit the government. As a limited government our Republic has prospered. It has struggled either when its duties were neglected (as in the days of President Buchanan, who did nothing while he watched state after state rebel from the Union) or when the limitations have been eroded (as we have witnessed through much of the twentieth century and in the first 14 years of the twenty-first).

The President has specific powers and duties, too, nearly all of which are carefully linked with the role of the Congress. For example, while the President does not make the laws—Article I, Section 1 gives “All legislative Powers” exclusively to the Congress—the President is authorized to make proposals to Congress and has the authority to veto legislation (but not change it) that Congress has approved. Once an act of Congress becomes law, the President then has the explicit obligation to, “take Care that the Laws be fully executed” (Article II, Section 3).

Note the words, “fully executed”. The President takes an oath to fulfill those duties, and nowhere in oath or Constitution is the President authorized to execute the laws only as much as he likes or agrees with them. Once something has become a law, the President may not set aside this or that part of the law or decide that he will only enforce the law so far. His obligation is to take Care that the laws are fully executed.

Average Americans may not like this or that provision of law, but we are not at liberty to ignore any law that applies to us just because we do not like it. The President is not exempt from that common responsibility of all citizens, either. As the chief government executive, who sought to hold his high office of public responsibility, he is even more obligated not only to obey the laws but to execute them, fully. The President may not make the laws, he may not amend the laws, he may not change the laws, and he may not disregard the laws. His duty is to execute the laws, and when he does not he is derelict in his duties.

This is all in accordance with the important division of labor, the separation of powers that the Founders put into the very structure of the Constitution to combat the tendency of all humans to abuse power once it comes into their hands. By dividing the power of government among three separate but coequal branches, dividing legislative power even further between House and Senate, and yet again separating government power between federal and state governments, the Founders went to clear and elaborate lengths to create checks and balances.

Under the American system of government no branch, no person, no group of people in government, are to be able to do very much on their own without getting the other elements of government to go along. Where they are not able to agree, where there is no consensus, for the safety of our freedoms government is prevented by constitutional law from moving forward unless substantial consensus among the different branches can be reached. Those checks and balances again and again, throughout the more than two centuries of our Constitution, have forced the very human people in government to revisit their differences and come to terms with one another, however much they may disagree and be disagreeable. There is safety for you and me in that. And it helps keep our Union together, repeatedly forcing our leaders (and the parts of the nation that they represent and whose authority they exercise) to work with one another, like it or not.

Recently, President Obama has expressed impatience with the Constitution’s checks and balances. After all, he personally, in and of himself, embodies an entire branch of government. The other branches, Congress and the courts, have many different people with a messy variety of ideas. President Obama complains that Congress cannot decide what it wants to do as quickly as he can. In his view, why wait?

By design, Congress of course has something of a multiple personality. It is a gathering of elected representatives, reflecting the diversity of views among the people of the nation. Appropriately, it takes time to build a consensus that accommodates those views, as it should. But President Obama cannot wait. He sees the need to accommodate no ideas other than his own. He has decided that on this issue or that—today it is immigration laws—there is a limit, defined by himself, as to how much time Congress can take to consider things. When time is up, he, the executive branch, will take the matter into his own hands, and pretend to the authority to do it.

His tool of choice today is to abjure his duty to execute the laws fully and instead to execute them partially, just to the extent and manner that suit his own desires, as he engages in another round of redistributive change. That he is endeavoring to violate rather than execute our national, founding law, and his constitutional oath of office, apparently does not trouble him. It is the Constitution itself that troubles him.

But from where does he think he gets his authority to do anything. When he breaks the Constitution, does he not break his very authority to act in the office that the Constitution created?

Filed under Barack Obama, Civil War, Congress, Constitution, courts, duty, federalism, freedom, government, House of Representatives, immigration, law, republics, rule of law, Senate, tyranny Tagged with , , , , , , , , , , , , , , ,

Of Minorities and Society

December 21, 2013 2 Comments

The saddest chapters of history chronicle the breakdown of human society. Rights are abused, the innocent—if innocence is allowed to exist—are trampled. Poverty, hatred, violence, and uncontrolled human passion prevail. Destruction and degradation, physical and moral, replace human progress.

All society, except that of master to slave, relies upon an element of free association. Societies may have more or less elements of coercion as well, but it is the element of free association that allows the society to continue, that motivates its members to acquiesce in or even encourage the society’s continuation. Free, voluntary association is what gives a society its legitimacy. Without it, there is no society, just a group of people ruled by one coterie of thugs or another.

Cooperation in society cannot be taken for granted. When it is, when free cooperation, instead of being nurtured and encouraged, is replaced by coercive rules and compulsion, particularly rules and compulsion designed to benefit some at the expense of others, society declines, people interact more by will of others than by their own volition. With time either the situation is redressed or the society disintegrates, often to be conquered from the outside when its internal strength has turned to weakness.

In its latter years imperial China was prey to numerous foreign incursions because its society was a mighty empty shell, old traditions surrounding an empire of competing warlords. Ancient Greece, which twice when united proved too much for the Persian empire, became relatively easy prey to the Romans after the ties of Greek society had become tired and weak. Rome, in its turn, after a thousand years, was enormously wealthy but mightily weak in the internal strength to repel the roaming barbarians, vibrant societies powerful in their own internal cohesion. Much of Africa, Asia, and Latin America today remains mired in poverty from the inability of relatively young countries to develop cooperative societies that encourage the generation of wealth and its application to promote prosperity for the present and for the future.

With cooperation at the core of successful society, one would think that democracies must be the most successful. History records otherwise. There are no historical examples of a successful democracy, at least not one that lasted for long enough to matter. Like a match set to paper, democracies flare up brightly into power and glory but all too soon die away to ashes.

The problem with democracies has been that all too quickly the majority in the democracy learns that it can become wealthy by robbing the minority, under camouflage of statutes and government. That only lasts until either the minority successfully rebels, becomes a majority in its turn, or the wealth of the minority is exhausted. In reaction, the majority may seek to preserve its advantages by yielding to a dictator—a “mouth” for the majority—to govern in the name of the majority to discern and express its will. Few of these dictators have resisted the temptation to wear the mask of the majority to govern for the benefit of themselves and their cronies. That has been the case for every communist government, without exception.

But, is it not right and just for the majority to prevail? Perhaps, but to prevail over what? Everything? Consider: if majority rule is applied to deprive the minority of life, liberty, and the pursuit of happiness, why should the minority cooperate? All that such society offers them is slavery, unrequited labor and service to fill another’s belly and pockets. In a pure democracy, there is no check on majority avarice, no refuge for the minority. The majority must always have its way.

Republics, however, are built upon a foundation of minority rights. Republican governments are granted only limited powers, exercised by representatives of the people, within boundaries beyond which the government may not go. A written constitution serves to enshrine and strengthen those rights against violation by the majority. The system gives a stake to all—not just the current rulers—in the continuation and strengthening of the society. No democracy, hereditary monarchy, or dictatorship can provide that.

In a nation as great and diverse as the United States everyone is part of a minority. Whether we consider age, ethnic background, religion, geography, culture, profession, or a multitude of other distinctions, we are a host of minorities. We can only come together and remain as a nation, strong and vibrant, if we are confident of protection in our minority rights, for protecting minority rights in America means protecting everyone’s rights. That is why the Founders proposed and the nation embraced a Republic formed on a federal structure of divided and limited government.

In that context, what are we to make of the current direction of American society? Are we preserving the Republic? Does our society feel like it is coming together? Recent public opinion polls find that more than 60% of Americans believe the nation to be going in the wrong direction. In another poll, a mere 22% believe that the current government rules with the consent of the governed.

What is the national political leadership doing about this? We have a President who aggressively pursues a variety of programs that have in common the taking of wealth from one minority segment of the nation to reward others. These wealth transfers are lionized for the undenied purpose of political and electoral advantage for the President and his supporters.

You will recognize the pattern. A crisis is discovered by the President, and an industry or group is demonized in public speeches and echoed in the establishment media as causing the problem and/or standing in the way of its solution. A plan is announced that involves confiscations from the demonized industry or group to fund benefices bestowed on Administration favorites.

Consider a few examples of many. Global warming is hailed as an imminent crisis with disastrous consequences; the coal, oil, and gas industries are identified as the foes of progress; and a variety of taxes and other restrictive policies are proposed, together with planned subsidies for businesses and companies favored by the White House. Banks are declared to be the nefarious forces behind the recent recession, new laws and regulations are applied that confiscate billions of dollars from the industry, much of which is then channeled to hedge funds and other political allies of the administration. Some millions of people are discovered to be without health insurance, doctors and the health insurance industry—among others—are fingered as being at the root of the problem, so a major overhaul of the entire structure of the health system is enacted that favors some at the expense of others. Administration cronies receive lucrative contracts to develop and administer the new system. There are many other examples, large and small, in education, welfare, housing, transportation, law enforcement, and many other government programs.

Is there any wonder that there is gridlock in the national government, when policy after policy is aimed at transferring wealth from some to reward others? Where is the room for cooperation and compromise, when the issue is how much of your family’s wealth is to be taken and given to someone else? The Roman Republic fell into gridlock after decades of appeals to mass acclaim for schemes of popular distribution of public plunder. It ended in the triumph of the Caesars, and later their eventual fall to the barbarians. It is perilous to abuse social comity.

President Obama has announced the transfer of wealth to be the chief focus for the remaining three years of his administration. Can our society weather that?

Filed under America, banking, Barack Obama, benevolence, China, communism, Constitution, demagoguery, democracy, federalism, freedom, global warming, government, healthcare, politics, republics, rights, Rome, slavery, tyranny, wealth

%d bloggers like this: