…the care of souls cannot belong to the civil magistrate, because his power consists only in outward force…
John Locke – A Letter Concerning Toleration (1689)
Be seeing you
Posted by M. C. on May 10, 2021
…the care of souls cannot belong to the civil magistrate, because his power consists only in outward force…
John Locke – A Letter Concerning Toleration (1689)
Be seeing you
Posted in Uncategorized | Tagged: Civil Magistrates, John Locke, Toleration | Leave a Comment »
Posted by M. C. on June 24, 2020
And yet, in Western countries, the state keeps on relentlessly expanding, colonizing one area of social life after the other. In America, the Republic is fast becoming a fading memory, as federal bureaucrats and global planners divert more and more power to the center. So the struggle continues, as it must. Two centuries ago, when liberalism was young, Jefferson had already informed us of the price of liberty.
https://mises.org/library/rise-fall-and-renaissance-classical-liberalism
[This article appeared in the Future of Freedom Foundation’s Freedom Daily, August 1992]
Classical liberalism—or simply liberalism, as it was called until around the turn of the century—is the signature political philosophy of Western civilization. Hints and suggestions of the liberal idea can be found in other great cultures. But it was the distinctive society produced in Europe—and in the outposts of Europe, and above all America—that served as the seedbed of liberalism. In turn, that society was decisively shaped by the liberal movement.
Decentralization and the division of power have been the hallmarks of the history of Europe. After the fall of Rome, no empire was ever able to dominate the continent. Instead, Europe became a complex mosaic of competing nations, principalities, and city-states. The various rulers found themselves in competition with each other. If one of them indulged in predatory taxation or arbitrary confiscations of property, he might well lose his most productive citizens, who could “exit,” together with their capital. The kings also found powerful rivals in ambitious barons and in religious authorities that were backed by an international Church. Parliaments emerged that limited the taxing power of kings, and free cities arose with special charters that put the merchant elite in charge.
By the Middle Ages, many parts of Europe, especially in the west, had developed a culture friendly to property rights and trade. On the philosophical level, the doctrine of natural law—deriving from the Stoic philosophers of Greece and Rome—taught that the natural order was independent of human design and that rulers were subordinate to the eternal laws of justice. Natural-law doctrine was upheld by the Church and promulgated in the great universities, from Oxford and Salamanca to Prague and Krakow.
As the modern age began, rulers started to shake free of age-old customary constraints on their power. Royal absolutism became the main tendency of the time. The kings of Europe raised a novel claim: they declared that they were appointed by God to be the fountainhead of all life and activity in society. Accordingly, they sought to direct religion, culture, politics, and, especially, the economic life of the people. To support their burgeoning bureaucracies and constant wars, the rulers required ever-increasing quantities of taxes, which they tried to squeeze out of their subjects in ways that were contrary to precedent and custom.
The first people to revolt against this system were the Dutch. After a struggle that lasted for decades, they won their independence from Spain and proceeded to set up a unique polity. The United Provinces, as the radically decentralized state was called, had no king and little power at the federal level. Making money was the passion of these busy manufacturers and traders; they had no time for hunting heretics or suppressing new ideas. Thus de facto religious toleration and a wide-ranging freedom of the press came to prevail. Devoted to industry and trade, the Dutch established a legal system based solidly on the rule of law and the sanctity of property and contract. Taxes were low, and everyone worked. The Dutch “economic miracle” was the wonder of the age. Thoughtful observers throughout Europe noted the Dutch success with great interest.
A society in many ways similar to Holland had developed across the North Sea. In the seventeenth century, England, too, was threatened by royal absolutism, in the form of the House of Stuart. The response was revolution, civil war, the beheading of one king and the booting out of another. In the course of this tumultuous century, the first movements and thinkers appeared that can be unequivocally identified as liberal.
With the king gone, a group of middle-class radicals emerged called the Levellers. They protested that not even Parliament had the authority to usurp the natural, God-given rights of the people. Religion, they declared, was a matter of individual conscience; it should have no connection with the state. State-granted monopolies were likewise an infringement of natural liberty.
Posted in Uncategorized | Tagged: Classical Liberalism, Decentralization, division of power, John Locke, laissez-faire, Levellers, natural rights | Leave a Comment »
Posted by M. C. on June 22, 2020
Merriam has argued that various forms of originalism have been devised in order to recover a sense of republican government. This originalism was meant to avoid a straying of the Constitution after our political culture had begun to change. But this may be a case of closing the barn after the horse has already bolted.
In any case, like Pulliam, I have no idea of what the Claremonters’ claim to an identifiably conservative higher morality is based on. But something may be necessary to fill this void on the right, since the left has a foundational norm: social-cultural destruction. And the only hope I see for buying time against its march through the courts is the frail reed of originalism.
https://www.chroniclesmagazine.org/2020/June/44/6/magazine/article/10886192/
A debate unfolded in March last year in American Greatness between Chronicles contributor Mark Pulliam and the Claremont Institute’s Edward Erler, a devotee of Harry Jaffa. According to Erler, Robert Bork and others who adhered to strict constitutional originalism were essentially moral nihilists because they would not apply natural law standards to our governing document.
From Erler’s Jaffaite perspective, the Constitution’s authors supposedly viewed the Declaration of Independence as America’s true founding text. The Founders supposedly felt the Constitution had to be interpreted through the passage in the Declaration about all men being created equal. That “natural right” principle enabled the Founders, and later Abraham Lincoln and Civil War-era Radical Republican Thaddeus Stevens, to grasp properly the Constitution’s true meaning. In contrast, Erler alleged, Bork and Pulliam’s morally adrift originalist views would uphold abortion laws and other outrages, provided they were enacted under constitutional rules.
Erler’s brief reveals questionable assumptions. For example, even assuming the authors of the Constitution thought the Declaration was important, we have no reason to think the Founders were infatuated with the phrase “all men are created equal.” There were certainly other thoughts found in the Declaration; perhaps the most relevant fact about it for the Constitution’s writers was that it recognized the independence of the American colonies. Praise for that document when I was growing up in the 1950s centered on the achievement of American independence, and far less on the equality that Erler wants us to celebrate.
Although Lincoln stressed a founding based on the notion that “all men are created equal,” he did so during the Civil War to justify a bloody invasion of the seceded Southern states, as driven by a crusade against slavery. Why should we make Lincoln’s wartime strategy the cornerstone of the American national experience going back to the gaining of national independence in 1776? And why would I think, like Erler, that Radical Republican efforts to create a permanent black electorate in the South, partly by stripping former Confederate soldiers of their citizenship, was driven by Harry Jaffa’s favorite passage in the Declaration? Why wouldn’t I rather think that Stevens and other ruthless business tycoons were just taking advantage of their onetime fellow-Americans who lost disastrously in a bid for independence? Read the rest of this entry »
Posted in Uncategorized | Tagged: constitutional originalism, John Locke, Moral Foundation, natural rights | Leave a Comment »
Posted by M. C. on May 25, 2020
But asking citizens to sacrifice for the country, especially when the government is misleadingly used as a proxy for American society, implies that we were made for the government’s benefit, rather than it for ours.
Recently, I was reminded of John F. Kennedy’s most famous line, “Ask not what your country can do for you; ask what you can do for your country,” when I heard it among several famous sound bites leading into a radio show segment. It also reminded me that we will hear it more soon, as we are approaching JFK’s May 29 birthday. However, it is worth reconsidering what it means.
Of particular importance is Milton Friedman’s response that “Ask not” was “at odds with the free man’s belief in his own responsibility for his own destiny….[It] implies the government is the master…the citizen, the servant.”
You can see the reason by noting that “Ask not” is completely consistent with what a tyrannical government—the kind that has beset people throughout most of recorded history—expects of its relationship with citizens. Governors did not exist for the good of the governed; those governed existed for the good of their governors. So citizens shouldn’t waste their time asking what the government will do for them.
But when John Locke argued that government should be for the good of the citizens, not for the good of the governors, he turned that historic reality upside down. And America was formed based on that idea (as illustrated by Richard Henry Lee’s claim that Thomas Jefferson plagiarized the second paragraph of the Declaration of Independence from Locke).
To Locke, a justifiable government would exist for the good of all. If that were so, every citizen would be willing to voluntarily join that society if given the choice. However, most aren’t given that choice. So Locke used the idea of a state of nature—in which one is not automatically committed to being a member of a particular society—to ask what a government that citizens would all willingly join would do for them. That is the opposite of what JFK told us to do. And the answer—very little—is quite different from the government we have.
At heart, what we all want government to do is what John Locke laid out in chapter 9 of his Second Treatise on Government:
Why…subject himself to the dominion and control of any other power?….[T]he enjoyment of the property he has in this state is very unsafe, very unsecure…[so] he seeks out, and is willing to join in society with others…for the mutual preservation of their lives, liberties and estates, which I call by the general name, property. The great and chief end, therefore, of men’s uniting into commonwealths, and putting themselves under government, is the preservation of their property.
The most basic functions of government amount to better protecting property rights. National defense protects our lives, liberties, and estates from foreigners; police, courts, and jails protect them from our neighbors; and the Constitution (especially the Bill of Rights) protects them from our most powerful and dangerous neighbor—the federal government itself. How do those protections benefit us all? They better protect us from coercion by those who might overcome our ability to protect our property rights with superior force. That protection is the basis that enables uncountable acts of voluntary cooperation to jointly benefit us all, and which have made us incomparably better off than our forebears.
Given the apparent chasm between what Friedman recognized as the theory that inspired America and JFK’s inaugural address, is there a way to reconcile them? Yes. The key is who is being addressed by the statement. The inspiration for “Ask not” addressed politicians, not citizens. It was a Kahlil Gibran article, whose Arabic title translates as “The New Frontier.” It said “Are you a politician asking what your country can do for you, or a zealous one asking what you can do for your country? If you are the first, then you are a parasite; if the second, then you are an oasis in the desert.”
Clearly, politicians who abuse their positions to benefit themselves are parasites on their society. We can condemn them for asking what the country can do for them. But applying “ask what you can do for your country” to citizens instead of politicians turns America’s founding upside down. Advancing the general welfare means advancing the welfare of the individuals that comprise our country. But asking citizens to sacrifice for the country, especially when the government is misleadingly used as a proxy for American society, implies that we were made for the government’s benefit, rather than it for ours.
If we take what politicians should not do to citizens and extend it to citizens who conspire with politicians to get special treatment at others’ expense, the same criticism applies. We can condemn both those politicians and their special friends that pick the pockets of the rest of us. To that extent, “Ask not” also applies to citizens, and Americans broadly endorse the sentiment against special treatment.
However, that latter step puts the blame in the wrong place. If government followed the principle of “give not” special favors, we wouldn’t need to worry that people might seek them. In other words, we should not blame citizens for asking for what it is a central purpose of politicians in our constitutional system to say no to.
Even the recognition of how something that was originally addressed to politicians can also apply to citizens, however, does not answer Friedman’s critique. That requires asking something more. It is impossible to have a government that advances the interests of all its citizens—that will benefit all of us—unless we first ask the Lockean question of what government will be empowered to do. If what it is allowed to do goes far beyond the Lockean purpose of defending of our property rights against coercion, which enables far more mutually cooperative arrangements, then both politicians and citizens will violate America’s founding principles. Rather than advancing freedom, we will sacrifice people’s lives, liberty, and pursuit of happiness to the unjustifiable violations of rights that will consequently dominate politics.
Once we think about what we must ask, we might actually find more useful inspiration in what Richard Nixon said we must ask and ask not: “In our own lives, let each of us ask not what government will do for me, but what can I do for myself,” because nothing is more inspiring than what individuals can achieve by pursuing their own advancement in liberty, through peaceful, voluntary cooperation that respects others’ equal rights. But when government and its special friends use its coercive power to interfere in such arrangements and impose their own dictates, it punishes rather than promotes the greatest source of societal advancement that exists.
Americans need to recognize that “ask not what your country can do for you,” beyond what advances our joint interests, is good advice, but that to “ask what you can do for your country” has been used to rewrite our founding principles. What government now demands of us “for our country” offers no guarantee to advance our interests.
Be seeing you
Posted in Uncategorized | Tagged: Ask not what your country can do for you, John Locke, tyrannical government | Leave a Comment »
Posted by M. C. on December 20, 2019
https://www.chroniclesmagazine.org/2019/December/43/12/magazine/article/10847261/
In a recent Townhall commentary, the young author Michael Malarkey marvels over “the resurgence of refined paleoconservatism.” Supposedly Donald Trump has absorbed quintessential paleoconservative positions and is now putting them into practice. This now triumphant creed is “a political stance that posits the importance of strong borders, economic protectionism, and vehement anti-interventionism.” According to Malarkey, “[Trump’s] political orientation resembles that of Patrick J. Buchanan, a wildly influential former Nixon aide…and lifelong ‘Paleocon.’”
As the person who invented or co-invented the term under consideration, it seems to me that Malarkey doesn’t know much about the “stance” or movement that he claims is now surging. Exactly how many self-described paleocons are serving in Trump’s administration? Except for the editorial board of this magazine, how many conservative or Republican publications have identifiably paleoconservative names on their mastheads? How many paleos are on the executive boards of foundations, or even invited to participate in conservative movement events? I can’t think of a single name—certainly not mine.
In 2016, I teamed up with another paleoconservative, Boyd Cathey, and a paleo-libertarian, Walter Block, in collecting the names of academics for a declaration of support for then-candidate Trump. Our list was taken over by the West Coast Straussian website American Greatness, whose editorial board proceeded to delete our names before posting the document. The vanished names were hardly an oversight, any more than when the anti-clericalist French command after the Dreyfus Affair removed from consideration for promotion the name of every officer seen walking into a church on Sunday. The West Coast Straussians undoubtedly remembered which side we took when Southern conservative literary scholar M.E. Bradford tangled with their mentor Harry V. Jaffa. They, not we, were in a position to make their displeasure known.
Malarkey speaks of a “refined” paleoconservatism that has taken the place of the older kind and which now seems to be ascendant. Paleoconservatism, we are told, has captured the mind and imagination of the president partly because it “lacks the religious sanctimony and fundamentalist undertones of prior decades.” Curiously enough, I have no recollection of these qualities being present in the movement in question when I was part of it in the 1980s. But then I’m not sure that Malarkey understands the paleocon movement, the return of which he’s celebrating. I bet he couldn’t name a single paleoconservative other than Pat Buchanan, who, by the way, was not yet a paleoconservative, when he was Richard Nixon’s speechwriter.
Malarkey is correct that paleoconservatism is, or was—among other things—a “political stance.” Read the rest of this entry »
Posted in Uncategorized | Tagged: John Locke, natural rights, paleoconservatism, Pat Buchanan, Straussian | Leave a Comment »
Posted by M. C. on April 19, 2018
https://www.fff.org/explore-freedom/article/trump-right-resist/
by
For generations, politicians have talked as if citizens are obliged both to revere and obey their government. But there are few things more dangerous than swallowing the notion that government is entitled to boundless obedience. Throughout history, governments have occasionally overstepped the bounds of their legitimate power. What should be done when government betrays its promises?… Read the rest of this entry »
Posted in Uncategorized | Tagged: John Locke, Resist | Leave a Comment »