Congressman Arrington: You’re right, George Washington did Set the Standard for Term Limits. But Here’s What you Forgot to Consider.

Congressmen Jodey Arrington and Ro Khanna, a Democrat from California, were the first Members of Congress to jointly introduce bipartisan term limits legislation in the 115th Congress. The legislation would limit members of the U.S. House of Representatives to serving six two-year terms and members of the U.S. Senate to serving two six-year terms. In his piece in Tribtalk, a publication of the Texas Tribune, Arrington, Representative of Texas’ 19th district, investigates the topic of possible congressional term limits. He does so by paralleling congressional terms and the personal arguments set forth in George Washington’s “Farewell Address” for his refusal to run for reelection. He argues that Washington was a “selfless leader”, and we could use more of his kind in the nation’s capital today. He argues that Washington “understood that he needed to set a precedent that even presidents were — first and foremost — American citizens, no greater than anyone else”, and therefore to reaffirm that Congressmen are mere citizens, we should limit their propensity to hold political office for an unreasonable duration. Arrington attempts to accomplish two feats with his proposed bill: he wishes to stick up for democracy as a human good, and he touches on the issue that seems to plague America’s social state today, the large gap between the rich and the poor that makes America seem very undemocratic. The author’s thesis is that “Setting limits on the time politicians can serve in a particular office will not solve all the problems with Washington’s broken culture. However, I believe it will help achieve a much-needed, positive dynamic: more courage to solve the big problems for our country rather than congressional leaders planning their careers and protecting their longevity”. He provides shocking evidence that there is not much turnover in Congress, and eludes to the result of a more aristocratic ruling class wherein the representatives of the people are not checked by the interest of the people. 

However, Arrington confuses two things in his argument for his proposed bill. First, he ignores the natural differences between the executive office and Congress, and therefore does not do justice to Washington’s argument for precedent. And Second, he ignores what many of the other founders understood regarding term-limits and the political laxity that they may proliferate. The office of the President and the duty of a Congressman are very different. Even the differences between houses are very different. In order to Understand this difference all one needs to do is refer to Madison’s notes at the Federal Convention. But these differences between houses still exist today: the Senate is fewer in number and Senators serve longer terms. This is because senators are to play a counterbalancing role to the House. As for a more recent example, in Ben Sasse’s book The Vanishing American Adult, he reveals that he did not take the floor of the Senate until his second year in office because he was learning the ropes. He also reveals that this is decorum: most senators act accordingly. They do not introduce new legislation their first year because they still have much to learn including the wants of their constituents, and how best to further those wants. The goal of the Senator, as Madison points out in Federalist 10, is to serve as an “auxiliary filtration” for “factious passion”. He does so by checking his people and checking others in the nation’s capital in the complementary branch of congress. In other words, the Senator must understand both the government and the people at first. Then, he must understand what is reasonable and good for both in order to urge legislation that leads to a certain harmony between the people of the state and the people of the Union. The Senator is supposed to play a moderating and balancing act, and this takes artfulness and therefore time to master.

What Arrington ignores about Washington is that he did not mean to urge legislation limiting the term of a president, but rather that he was introducing a precedent that would moderate the people from appointing a Caesar. A precedent is different from a law because a law affords the government the authority to punish a transgressor whereas a precedent urges the people to honor a tradition. Washington had the political clout to urge an amendment limiting the terms of presidential office, but he did not do so. The reason was that Washington, like many of the founders, understood that mores and habits rather than laws were necessary for democracy and self-government. Although Arrington wishes to change the situation of congressional reelection, he is remiss in that he ignores what is at the root of reelection woes: low voter turnout and the tendency of the American people to let their political duty slip by the wayside. The bill that Arrington urges would reinforce bad political habits that the founders would scoff at: the habit of the government to rely upon laws alone for good government, and the habit of the people to clamor for laws because they wish to ignore the important and grueling work that is civic duty. Furthermore, Washington did not seek a third election because he did not want to become Caesar, but also very simply because he did not want to become president for a third term. He wanted to return to his family and his farm: he even writes to his wife Martha telling her so as early as 1775. Doubtless, Washington also understood that this was a time of fragility for American self-government and prudence would dictate that he not run again. He had no desire of making a law establishing a term limit that followed his conduct; however, he hoped that future presidents would be prudent enough to follow his political example on their own behest.

In addition to Washington’s disagreement with Arrington’s proposed legislation, various other framers disagrees with him. James Wilson and James Iredell, two early members of The Supreme Court, disagreed with term limits when the Anti-federalists would urge them. But what is most pressing is Alexander Hamilton’s argument in Federalist 72 regarding term limits. Although he is writing about presidential term limits, much of his argument applies unilaterally for representatives of the people. He writes that limiting terms would destroy the incentives for good conduct in office. He writes, “One ill effect of the exclusion would be a diminution of the inducements to good behavior”. In other words, the public official would not only refuse to act well, but he might attempt to act poorly in spite of that government that he is supposed to serve. It is no wonder that rumors of Obama giving large sums of US aid to countries in the middle east like Syria and Iran surfaced directly before the presidential election: the people could not trust that he would do good because he had no reason to. If a congressman was not eligible for reelection what incentive would urge him to serve the public good? Hamilton writes, “Even the love of fame, the ruling passion of the noblest minds” would discourage a president from attempting to accomplish great public goods if he knew that power would change hands before he could conclude his endeavor. This is because he may become jealous of the fame that his predecessor would claim by concluding his project. Additionally, Hamilton argues that the potential of great men would be lost. If they could not aim so highly in public office, He argued, the would become “discontented ghosts”: they would not attempt to accomplish great things for their country because they would begin to believe that they could not due to arbitrary term limits.
In addition to the arguments of the Framers, the Heritage Foundation conducted a study in 2009 to track state-based term limits. They found that there was little change in the efficiency of state governments who instituted term limits for state representatives. The amount of spending did not decrease, nor did the approval ratings of the representatives: everything remained virtually the same. The fact of the matter is that we have more to lose if ambition cannot be exercised in a controlled fashion, over a large period of time, and to our benefit, by our representatives. Hamilton even argues that the way in which we will get Caesars in the presidential office is if great men are withheld from running for another term and the people love them enough to follow them. Their spite for the government that does not serve the interests of the people by putting good men at the helm may be transferred to the people who love them. Although Arrington is right to point to Congress and its operation as a large problem with our nation’s governance, Congressional term limits do not unlock the full potential of citizens hoping to become representatives of the people by providing proper incentives for Congressmen. Additionally, term limits do not provide helpful incentives for checking the ambition of those in office, especially in their later terms. Nor do term limits enlarge civic engagement or foster a thriving political culture. And finally, he gets Washington and the rest of the Founders wrong in his understanding of term limits. Congressman Arrington: If you are interested in arguing for term limits, then your best bet is to rely upon the words of the Anti-Federalists, not of Washington. 

 

Because you made it all the way to the end: Here’s my favorite painting of George Washington! It is by Jean Leon Gerome Ferris and entitled “The American Cincinnatus”

Image result for george washington cincinnatus

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Why Term Limits Won’t Save You

As of late, I have observed the clamoring for congressional term limits. I understand this expression of the American mind to be a very bad thing in itself, and very bad in its consequences.

Thucydides understood the three impulses leading us to clamor as action, money, and power.

We are angered that no action is taken when there are so many problems in need of resolution. We become further angered that our representatives are amassing wealth and refusing to produce value for our society. All of this leads us to feel powerless and unimportant in a regime supposedly fashioned to suit the needs of We the People.

What I hate most about this election cycle is that it has highlighted the vices of our country. Meaningless soundbites have divided an otherwise prosperous and peace loving people, coercing them into the belief that government “of the people, by the people, and for the people” was not a promise reserved for the posterity of Washington, but only for those few favored by chance. I hate it because it makes for bad citizens- citizens who would rather resort to mob rule than moderate themselves by deliberation and choice. I hate it because it inclines good citizens to resort to unsound arguments and untruths- a clear submission to the lie of tyrants that might makes right. I hate it because it undermines the patriotism that our country so needs if we are to sustain our favored freedom at home rather than the shackles and shame of the backward nations across the globe. I hate the apathy assumed by my fellow citizens who I know are inclined to good, but consider their very voice powerless under what they believe to be the weight of a government instituted to protect the lives and livelihoods of a fortunate few. But most of all, I hate it because it causes me to tremble in fear that this last best hope for freedom may perish from this Earth, and our posterity will rebuke myself and my generation for its abatement.

The crux of freedom, as Alexis de Tocqueville noted, is that it suggests the “idea of the indefinite perfectibility of man”. We, being free people, assume that the principle of freedom promises the prospect of limitless progress. We Americans are never satiated, and are held in the constant fancy that we may always, in some way, improve our lot. There always has been, and is, contrary to popular belief, an expanse of opportunity open to each individual in this country. We are free to move from sea to shining sea, and are at liberty to reorder our lives at the drop of a hat if we so wish. Recent studies show that Americans on average change careers seven times within one lifetime. We Americans love change, and when our opportunity for change is limited we lament. The same is true with our public policy. We wish to change it, and change those who have the ability to change it, because we are constantly reinventing new beliefs regarding justice.

Tocqueville generally saw this as a blessing among Americans, but it was nonetheless a problematic blessing, as all earthly blessings are. Because of our tendency for constant change, when we create things our intention is never that they may last long. Because we have freedom to think, we constantly envision the opportunity to create something better, and we constantly desire to improve upon what we have previously created. James Madison saw this as a political vice in need of restraint. In Federalist 62, he claims,“It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood.” This is where we now find ourselves. The recent Patient Protection and Affordable Healthcare Act marked legislation applicable to every citizen of the United States and ran 20,000 pages long and growing. Within the time it would take one to read the act, you could read the United States Constitution 4,000 times. Because of our love of constant improvement, and our be the change belief system, we have laws on the books that we cannot possibly take the time to read, nevertheless understand and habituate ourselves to faithfully observe. In Lincoln’s Lyceum Address he urges “a reverence for the constitution and the laws”. How can we possibly revere a law that would take a lifetime to read?

The belief in the “indefinite perfectibility of man” goes further, applying to our elected officials as well. Because we are a people who believe in progress and goodness, and a people who see injustice each and every day, we want to create parchment barriers to bar injustice. We are a sympathetic people who believe ourselves robbed of the opportunity to exercise our help to a people who most need it. We have been promised equality, but we constantly see those around us lacking the means to raise themselves up by their bootstraps.

I, like Tocqueville and Madison, believe this sentiment to be an honorable one, but a problematic one. At one point in our nation’s history we attempted to pass legislation to perfect the art of growing raisins. Believe it or not, this attempt at perfection still plagues us today. The same legislation just reached the Supreme Court in 2015 in the case Horne vs. United States Department of Agriculture. Often times it is more difficult to repeal bad laws than to pass good ones. The more bills that are voted upon in congress, the more the opportunity to perfect existing laws or repeal problematic laws diminishes. Agricultural marketing orders were once introduced as depression era regulations meant to stabilize crop prices. They now endanger the livelihoods of small farmers across the country, and the raisin marketing orders are particularly egregious. Under the USDA the Raisin Administrative Committee decides what the proper yield of raisins should be in any year and meet to decide an equitable price for the raisins that small farmers grow. Each year, they force every raisin farmer to surrender a percentage of their crop to a reserve pool that cannot be sold in the U.S. As the profit margins of raisin farmers have diminished over the years due to low tariffs on foreign raisins rendering them cheaper than those grown in California, the annual return of the farmers has dwindled. In 2003 farmers received zero dollars in return for the 47% of their product that they were forced to surrender to the federal government. Imagine yourself living on 53% of your family’s annual income in order to fulfill an almost hundred year old marketing order that promised the perfection of the industry in which you  find yourself. Similar regulations exist for nectarines and mandarins under the USDA. Did you know that your fruit is color tested, and even “squish” tested? The lesson being: the more distance between the people and their laws, the more ridiculous they become. The higher the laws aim, the more laws are passed. The more laws that are passed, the smaller your opportunity becomes as a citizen to repeal laws that harm you.

The bottom line is that perfection through government may not be possible, and our lawmakers and enforcers may not be angels. We have seen this in the news as of late. But the regime in which we live was fashioned in order that men may better order their lives to become prosperous without the interference of a wicked few attempting to eat the bread that we earn from the sweat of our brows. Perfection is the aim of the individual, protection is the duty of government so that the individual may pursue that perfection. In regards to term limits for your elected officials my advice is what Lincoln learned through experience. If you wish to change public policy to establish justice, leave your law office and participate in politics. Write to your congressman. Read the laws that are being passed in Congress. Withhold your vote if your voice is not being heard. Create a coalition with those in your locality to participate in local and national elections. If your voice is not heard, ensure that your voice will be heard and that you may be better represented. And as Lincoln implores, “Stand with anybody that stands RIGHT. Stand with him while he is right and PART with him when he goes wrong”. It is no easy task, but it is your civic duty and it is in your interest.

Madison feared that the constant reintroduction of new legislation would undermine recognition of the law. Lincoln understood that the inability to recognize the law made it difficult to revere the law and the country to which you owe so much. Tocqueville urged that limiting the years a man may serve would get rid of bad men, but would bar good men from the opportunity to exercise their good judgment.

It has occurred to me that this may not be the most contentious of elections in the annals for our nation’s history. All popular elections are wrought with partisan objection and petty politics. Many elections have been comprised of scandal, as politics always has. The difference in this election being the lacking strength and organization of parties and their ability to restrain their candidates, and the opinion of the people that their votes don’t matter much. This causes them to believe the system broken, and the promise of freedom frittered away. We grope for some ground upon which we may feel that we are in some sense represented. We demand more legislation to mitigate the multitude of duplicity that is the product of our own demands. Public opinion, what Lincoln would refer to as that thing “Upon which our Union rests”, gropes for more action among representatives, more equality, more for the individual, for the group to which the majority belongs, more freedom to do as they please with things that they have not yet earned.

Wrong as we think this current trend in popular government is, we cannot forget the lives lain down for our freedoms. Let us be diverted by none of those sophistical contrivances wherewith we are so industriously plied and belabored. Let us not be dissuaded by such attitudes as “don’t care” on a question about which all true men do care. Do not bow to such disrespect to your grandfathers who did choose to fight, begging and imploring all good citizens to unsay what great things they said and undo what they did. Let us have faith that we still have a stake in this government of ours, and let us understand that God commends our efforts on this small stage of life.

 

Green Jobs, Peace and Justice, and The Two Angels that Kissed at the DNC

“We are doing everything we can to bring the same expertise that we brought to taking down the coal industry and coal-fired power in this country to taking on gas in the same way … to ensure that we’re moving to a 100% clean energy future.”

I heard upon the second day of the Democratic National Convention two angels happened to kiss upon the stage: their names Green and Jobs. I too believe that carbon emissions pose a huge threat to our health; however, I am also of the belief that creating government jobs does nothing to decrease our effect on the environment.

My belief is that in order to arrest the damage done by green house gasses we would have to shut down thousands of plants, outlaw millions of careers, and put in peril hundreds of thousands of families. We would have to dump billions of taxpayer dollars into government research that yielded little result in order to ameliorate the multitude of practical and social problems that cutting back on carbon emissions had created, but the Clinton Campaign cannot say that.

Whenever you have the opportunity to both reach justice and ensure tranquility, you have hit the political lottery. The reason being that citizens float through life never seeing one occurring alongside the other. The truth is, people see problems. The American people are not inept, and they are not yet entirely alienated from reality. The people want solutions, but they can’t handle the truth, and they won’t pay the cost for those solutions. If the people were told that in order to cut Carbon Emissions they would have to leave families broken and destitute and taxes across the board would have to be raised in order to form another bureaucracy, they certainly wouldn’t be as keen on environmental reform. However, when you ask a man if he is in favor of a clean energy future, he is a fool if he says no.

Upon observing democracy in ancient Athens, Thucydides noted that there were three political motivators for all citizens alike: fear, honor, and profit. In posing the solution of creating green jobs, the Clinton campaign was able to touch all three aspects of political motivation. Fear because carbon emissions are scary, and the world ending is bad. Honor because human beings are truly drawn toward being part of the solution to a problem that plagues the masses. And profit because providing a solution that bolsters the prosperity of the polis is win-win.

But this is all politics, and this is a shell of real rhetoric. In Aristotle’s Rhetoric he claims, “Rhetoric is useful because things which are true and things which are just are by nature stronger than their contraries. So if the decisions are not made as they ought to be, the audience must fail because of themselves; and this deserves reproach. Again it is not easy for a man to persuade some people even if he uses the most accurate science, for scientific arguments are for the sake of instruction”. For all Aristotle says throughout his poetics, he constantly recognizes this essential fact: that the true does surface, and men being rational and knowledge loving by their very nature will seek and find truth. In other words, Aristotle believed that pandering was unnatural and therefore was not true rhetoric. Rhetoric, although dealing with persuasion, is bound to the true and the just because the rhetor was bound to his audience, and his audience is always rational and more inclined to the beautiful than the ugly.

Aristotle also lays naked the purpose for his teaching rhetoric. He states, “The current authors who compiled works on rhetoric have contributed but a small part of this art; for only persuasive techniques are subjects of the art of rhetoric, while all other matters are merely accessories. But these writers say nothing about enthymemes (truncated logic), which are indeed the framework of persuasion; instead they busy themselves with matters most of which lie outside the subject”. All men who had been teaching rhetoric until his time had not been truly studying rhetoric. Because they simply wanted to learn how to defend themselves with words and attack others in courts of law, they fell short according to Aristotle. Because they were looking only at that which was accessory to true persuasion, they would not have anything to say about the true or the good, but only about given cases in which they had prefabricated strategies to get around the minds of men. In other words, they taught to avoid truth rather than pursue it. Aristotle understood that this was not the study of the art of rhetoric because the art of rhetoric taught men to reason in any given case, not simply to present an argument.

In an era of teleprompters and soundbites, it may be useful for our elected officials to understand the purpose of speech. For rhetoric, as reason, is not simply about besting one’s opponent in argument. Neither is the essence of rhetoric about providing answers or getting elected. The purpose of rhetoric is to reason towards the true in any given scenario. Isn’t this something we would like to see our executive cultivate the capacity to perform?

 

 

 

 

 

 

 

The Horrible History of Progress and Abortion

Abortion has never been about equality.

On Monday The Supreme Court struck down a Texas law requiring abortion clinics to meet the standards of ambulatory surgical centers and mandating that physicians performing abortions maintain admitting privileges at a hospital within 30 miles as an “undue burden” to a woman attempting to terminate her pregnancy. The opinion of the court delivered by Justice Breyer ruled that the state violated “a woman’s right to decide to have an abortion and consequently a provision of law is constitutionally invalid if the ‘purpose or effect’ of the provision ‘is to place a substantial obstacle in the path of a woman seeking an abortion'”. The opinion delivered by Breyer also states, “We conclude that neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes. Each places a substantial obstacle in the path of women seeking a previability abortion, each constitutes an undue burden on abortion access, and each violates the Federal Constitution.”

Justice Ruth Bader Ginsberg was heralded for putting to death the myth that outlawing abortion limits its danger, and later remarked that the decision of Roe v. Wade aimed to limit “undesirables… populations that we don’t want to have too many of”. How did such a caring and amiable woman arrive at such rhetoric? Can both statements be considered consistent with the preservation of liberty and the bolstering of choice? One major crux of abortion is that we do not understand its history, and this is why we do not understand Ginsberg’s quote regarding the purpose of Roe v. Wade. Abortion legislation was not fashioned to liberate women, nor from the outset was it considered a choice that they had the right to make.

In 1912 a fellow Progressive named Scott Nearing published a little book entitled The Super Race, in which he outlined his understanding of the relationship between progress and politics. Rexford Tugwell, member of FDR’s Brains Trust, and close friend to the president, later summed up his understanding of Progressivism as that espoused by Nearing in his book. In the first chapter Nearing laments that as a boy he “fully believed that the great achievements of the world were in the past”. However, his lamentation is reconciled as he comes to the realization “that the future may erect the perfected structure of a higher civilization”. His statement not only identified the aim of Progressive politics of the past, but would prove the purpose of Progressive policy for years to come.

Nearing states, “The past worked with things: the future, rising higher in the scale of civilization, must work with men- with the plastic, living clay of humanity”. To Nearing human beings were considered clay and the state would become the God that gave them shape. Liberty was seen as an impediment to reaching what the early Progressives understood as the “ethical ideal”; the true reason for which government was instituted among men. The initial goal of Progressivism was to mold a nobler man, and this could only be accomplished through the establishment of a nobler society to rear that man; however, in order to create a nobler society it was necessary to diminish the influence of lowest common denominator. The terms “unfit” and “moral” or “intellectual imbecile” were adopted to identify those citizens who acted as impediments to the ideal. Through government grants reformatories began to surface in order to rule such persons while facilitating their care and ridding the fit of the burden. In 1912 Dr. Henry Richard Seager, professor of political economy at Columbia and proponent of the minimum wage states, “One part of the program with reference to those who are defective from birth is to prevent that monstrous crime against future generations involved in permitting them to become the fathers and mothers of children who must suffer under the same handicap. If we are to maintain a race that is to be made up of capable, efficient, and independent individuals and family groups we must courageously cut off lines of heredity that have been proved to be undesirable by isolation or sterilization of the congenially defective. Michigan has just passed an act requiring sterilization of congenial idiots”. Not only was Michigan establishing these laws, but other states as well. It is little known that America adopted sterilization and eugenic policies prior to Germany. The factors of identification as “congenial idiot”, “defective”, and “unfit”, were income, unemployment, intemperance (alcoholism), and even those conceiving children out of wedlock. Abortion was not initially intended to liberate the destitute from their missteps, but rather to confine their toxic effect on the State at large. Nearing would propose what he understood as yet a more effective alternative than isolation and sterilization: eugenics.

In his book, Nearing identifies “The science of Eugenics treats of those forces which, through the biologic processes of heredity, may be relied upon to provide the inherited qualities of the Super Race. The science of Social Adjustment treats of those forces which, through the modification of social institutions, may be relied upon to provide a congenial environment for the Super Race”. The science of Eugenics, or “the treating of biologic forces” was one piece to the puzzle of establishing a greater society, the other piece was institutional modification of individual behavior. One part of Eugenics dealt with the sterilization of unfit individuals who were relegated from society and resided in reformatories, another part dealt with the ridding those who had already conceived burdensome unborn children that they were unfit to properly rear. Nearing later defines the fields of eugenics. He states, “There are two fields in which eugenics may be applied- the first, Negative, the second, Positive. Through the establishment of Negative Eugenics the unfit will be restrained from mating and perpetuating their unfitness in the future. Through Positive Eugenics the fit may be induced to mate, and by combining their fitness in their offspring, to raise up each new generation out of the flower of the old”. The goal of Progressivism was never to perpetuate equality, nor was it to provide diversity. The goal of Progressive policy was to establish a prominent class and create laws for the advancement of that class. Progressive policy was from the very beginning discriminatory, but it discriminated not as it now does. From the outset Progressivism aimed at eliminating the least capable rather than raising them up.

The Progressive movement began in the late 1800’s as many Americans interested in the study of Political Science began to study in Germany. America had few doctoral programs, and at the time traveling to Germany to study was a liberating and lucrative experience. Thus commenced the German University Connection that would foster a pipeline of both thought and institutional arrangement. Among the men who traveled to Germany to seek their higher education were Woodrow Wilson, Rexford Tugwell, Richard T. Ely, John Dewey, and many who would later constitute Franklin Delano Roosevelt’s “Brains Trust”. Among those educated in Germany were the founders of the Socialist Party of America. Among the Institutions established by these minds are institutions that continue to govern higher education today, namely The American Political Science Association, The American Economic Association, the American Association for Sociology, and many more. Those who constituted the German University Connection also began to establish new universities as well as occupy existing ones. One such University that was thus established is Johns Hopkins University. One that was thus constituted was the University of Wisconsin. Robert La Follette, governor of Wisconsin during FDR’s presidency, would proclaim that “Wisconsin is doing for America what Germany is doing for the World”. This was of course during the passing of policy which would later establish the foundation of Nazi Germany.

Needless to say, not only did these students of German thought bring German methods, but also a German philosophy. This school of thought was referred to by its students as The German Historical School. The reason being their belief in the historical development and enlightenment of the individual. Thus, they believed that each society or collective group of men occupied a certain stage of enlightenment, and it was the duty of the state to foster that enlightenment and arrive at a higher plane of development. All government policy and action, therefore, would be aimed at unleashing the collective will of the people towards their highest possible “moral, spiritual, and intellectual development” (Richard T. Ely’s words). Charles Merriam, professor of Political Science at the University of Chicago, catalogs the shift of the American understanding of rights in 1920 in his book Recent Tendencies. He writes, “The origin of the state is regarded, not as the result of a deliberate agreement among men (social compact), but as the result of historical development, instinctive rather than conscious; and rights are considered to have their source not in nature, but in law… It is the state that makes liberty possible, determines what its limits shall be, guarentees and protects it… (men) obtain liberty only through the organization of political institutions. The state does not take away from civil liberty, but is the creator of liberty”. This is why such men referred to themselves as progressives: they were for human progress. In their belief, man had arisen from the dirt, and he had nothing that was natural and inalienable to his person. But if man possessed no right that cannot be severed from his person, and “the state is the creator of liberty”, what becomes of self-government? Further, if man holds no inherent right to his own life, is there anything barring the disposing of, not only an unborn life, but a living one, for the sake of progress?

Merriam provides the answer, “It is denied that any limit can be set to governmental activity, and the contention is made that ‘each function must rest on its own utilitarian basis’… The new position is a mean between socialism and extreme individualism”. The state, as the avowed creator of liberty, is limitless in regards to what it can and cannot do in order to expand or restrict that liberty. When Merriam claims that the functions of civil government rest on a utilitarian basis, he means that the governed may have to suffer for the sake of the advancement of the regime, and there are no barriers to the suffering of the governed. Without the recognition of the natural rights of individuals, and therefore no recognition of the limits on the actions of government, a people cannot have true equality under the law. Individuals would be evaluated and treated based on their inherent ability to affect the regime in a positive or negative way. But how would progressives ultimately go on to achieve the great project of liberation through advancement and enlightenment?

Merriam goes on to state, “Liberty, moreover, is not a right equally enjoyed by all. It is dependent upon the degree of civilization reached by the given people, and increases as this advances. The idea that liberty is a natural right is abandoned, and the inseparable connection between political liberty and political capacity are strongly emphasized. After an examination of the principle of nationality, and the characteristic qualities of various nations or races, the conclusion is drawn that the Teutonic nations are particularly endowed with political capacity”. When the principle that individuals possess an inalienable right to life is abandoned, a regime must recourse to evaluating individuals on a purely discriminatory basis. When any human right to life is marginalized, all human rights are at the disposal of the ruling few. Merriam later states, “In the days of the (American) Revolution, it was thought that the end of the political society is to protect the life, liberty and property of its citizens, and beyond this nothing more. The duty of the state was summed up in the protection of individual rights, in harmony with the individualist character of the philosophy of that day. In the theory of Lieber (German Political Scientist who arrived in America in 1827), this idea was broadened out, and as he phrased it, the duty of the state is to do for man: first, what he cannot do alone; second, what he ought not do alone; and third, what he will not do alone”. This understanding of the American regime was adopted by Wilson as he asserted that the state exists for “mutual aid and self-development”, and later affirmed by FDR in his urge for the adoption of a second bill of rights in 1944. It is questionable today whether rights as they are broadened out can still be held self evident and sacred. This is where we now find ourselves and whither we are tending.

Is it prudent to expand our sacred rights to encompass the right to “undue burden”? In Federalist 62, James Madison writes, “It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood”. Perhaps as our rights expand, as do the laws necessary to provide those expansive rights, the observance and appreciation for that which constitutes us a free people may diminish. Perhaps as we strengthen our reliance on a power external to ourselves to eliminate our several burdens we eliminate our future prospects for liberty and therefore genuine prosperity. Perhaps as we deliver our fates to the hands of our rulers our lives and our livelihoods becomes something to be molded, for better or for worse.

 

 

 

What started the party of democracy, and what the party of democracy started.

The election of 1800 was a hallmark not only in the history of America, but in the history of humanity. It proves fashionable, even today, to mark the popular election as “the revolution of 1800”; however, in some sense it in fact proved the antithesis of revolution. For the first time in human history a man (Thomas Jefferson) of an opposing party ousted the party in power sans forceful exertion or retaliation. What would ensue is history. One long time ago Winston Churchill claimed that “history is written by the victors”, and fittingly we Americans seem to have at least tacitly dismissed the essential lesson in self-government taught on the occasion by the loser, John Adams.

Often times we Americans learn greater lessons in civic virtue from what a statesman refrains from doing rather than what he does. Like Washington and Cincinnatus before him, Adams set a precedent regarding popular government that molds our several opinions regarding election. But what would occur with popular government therefrom is a question best left to the Democratic party.

We are all familiar with Jefferson’s great Louisiana purchase, and we Americans reap the benefit of Jefferson’s expediency without grappling with the Constitutional questions that arose for the sake of our prosperity. This would be telling of the story of the Democratic party, and Abraham Lincoln would later see this as a grave danger. It is difficult to fault Jefferson given our continued promise of Manifest Destiny produced through his statesmanship; however, it is evident that Jefferson and the Democratic party did depart from the seminal virtue espoused by the likes of Adams and Washington, for better or for worse. Although the pen of those old American words that Lincoln would later claim, “clears the path for allgives hope to alland by consequence, enterprise, and industry, to all”, Jefferson was an avid lover of democracy, and favored unleashing it rather than restraining it. Rather than bowing to a power outside of himself to restrict and dictate his action as executive, Jefferson saw the public good and he saw the clear path to its fulfillment. This would be the mantra that dictated the Democratic party: unrestrained action for the purpose of propelling the public welfare.

In 1829, the favorite son of the Democratic party was elected executive: Andrew Jackson. My personal favorite when it comes to the fables of Jackson is his caning of two assassins who entered the white house at a very ripe old age late in his presidency. The brutality delivered by Jackson was so severe that the guards recoursed to pulling Jackson off of the final assassin after his cohort had fled. If this fable is but myth, it at least encompasses the character of Jackson: he was a stern and severe man when pushed, politically or otherwise. What best elucidates this character is the action that ensued during the last year of Jackson’s first term as executive: the executive veto of the national bank, despite the fact that it had been judicially approved. The question arose: does the executive have the right not to observe, or even overrule, Constitutional guidelines professed by the supreme court? King Andrew, as he was and is often called, escaped the scene unscathed. He escaped public approbation, which seems all too common of the Democrats of our day. For Lincoln, this occurrence would color his understanding of judicial finality, and he would later recur to the episode in his debate with Stephen Douglas regarding the Supreme Court’s Dred Scott decision. Lincoln’s conclusion also applies to the lesson taught by John Adams in his defeat: to what extent should a man accept defeat? should he lie down if he is defeated when he is in the right?

Lincoln’s career and conduct traces this question of observance of law and regard for authority. Alexis de Tocqueville once remarked that “Americans have a restive regard of authority”. This proves as true today as when he penned it in the 1830’s. Lincoln would fashion his life as an answer to the question of rebellion in more ways than just one. Quite early in his career Lincoln urged a “firm adherence to the law”, but then he later broke the precedent set by the 1850 compromise, and arguably acted unconstitutionally by suspending the writ of Habeas Corpus. To Lincoln, the touchstone for this age old question, the very question we face today, had to do with the document penned by Jefferson in ’76. Lincoln claimed, “There is something back of these, entwining itself more closely about the human heart”. That something for Lincoln were the principles declared in the first paragraph of the Declaration, and ensconced by the silver frame that protected it, the Constitution. Any law ulterior to the purposes of liberty, justice, and equality (at least to eat the bread earned from the sweat of one’s brow), were destructive to the Manifest Destiny that both Jefferson and Jackson, and all good Democrats wish to advance. To Lincoln all such laws, despite the opportunity of gaining the power necessary to bolster the welfare of the state and affirm the sentiments of the executive, would prove stumbling blocks to sustained prosperity. Without a firm adherence to those things that unite us all, those things entwining closely to all of our human hearts and pulling them together, there can be no true diversity, no true equality, and subsequently, no true prosperity. Unless we as a people urge the recognition of an objective basis for morality, there can be no true democracy: that basis must be the principles which set us apart from all regimes in the history of the world prior to 1800. When the day comes that the cords entwining my heart to those of my fellow citizens’ are severed, I, like Lincoln, may have to chop a limb from the Constitution to save its life. But for the time being, I will remain a law abiding citizen. I will pledge as do all of our elected officials to uphold the Constitution and the principles that prop her up because I have hope that we still hold those truths self-evident.