Public assemblies, American style

The Obama Administration has been the occasion for numerous Tea Parties and Town Hall Meetings, which are different species of the genus public assembly.  How they are seen and understood depends a great deal on one’s point of view. As American government is based on the consent of the governed, it is perfectly appropriate and even necessary that public officials be chosen in periodic elections and that the people be free to express their views publicly. While the design of the Constitution is to avoid rule by the people in their collective capacity, relying rather on elected representatives, the First Amendment explicitly guarantees the right of the people to assemble peacefully for redress of grievances.

In our nation’s history, not a few of those public assemblies have been considerably less than peaceful, whether they were in opposition to taxes on whiskey, Jay’s treaty with Great Britain, the War of 1812, the Mexican War, abolition of slavery, the Civil War draft, industrial lockouts, World War I, racial segregation, the Vietnam War or the Iraq War.

Peaceful protest should always have the full protection of the law, and violent protests should be suppressed. The difficulty is that those rioting invariably see themselves as greater in authority than public officials, and the latter sometimes sympathize with the rioters’ goals, if not their means.

It is not surprising that the widespread Tea Parties that protested the record levels of taxing and spending by the Obama Administration should be viewed favorably by Republicans and unfavorably by Democrats. By the same token, the Town Hall Meetings called by the President and a number of Democratic Congresspersons and Senators are looked upon by Republicans as stage-managed affairs, lacking legitimacy.

So some Democrats supportive of Obama showed up to put a damper on the Tea Parties, and evidently more persons–of both parties–critical of the President, particularly his health care plan, have shown up at the Town Hall Meetings. Both parties clearly seek to establish their viewpoint as the authentic voice of the American people and the opposing view as merely a minority faction.

Although I welcomed the Tea Parties and look upon Democrat Town Hall Meetings with suspicion, I cannot say that I am pleased that more and more citizens are taking their grievances so noisily into public places and meeting halls. A major contributor to this development is the rise of Big Government, which treats opposition to its goals and methods as essentially illegitimate.

Fortunately, this year’s protests lack the violence that characterized the radical left’s opposition to the War in Vietnam, when both public officials and private citizens were targeted for bombs by the likes of the Weathermen, of which Obama friends Bill Ayers and Bernadette Dorn were members.

It is always a challenge for politicians to deal with tumultuous assemblies with a combination of good humor and firmness, granting the legality of the protest but seeking to defuse its passion and restore civil discourse. Politicians slandering citizens angry over the government’s less than candid explanation of its programs are pouring fuel on the fire.

This present situation is not unlike that of medieval Europe, ruled by monarchs and priests, in which ordinary people had no say and whose only form of protest was armed rebellion. It is only when citizens finally won the right to elect their leaders that the frequent resort to mob violence was no longer necessary.

But the longer that large, intrusive and costly bureaucratic structures dominate our lives, and render citizens powerless, the more those otherwise not inclined to angry outbursts will feel compelled to vent their spleen at the persons they chose to make their laws.

Far better, though, that we take advantage of constitutional structures that enable the people to vote for or against those persons they believe do–or do not–have the best interests of the nation at heart.

Democrats have long believed that, just as they have a monopoly on holding public office, they alone have reason to protest, even violently, if they feel strongly enough. Republicans more commonly look upon public office as a temporary calling and reluctantly take part in public protests.

And while leading Democrats have attributed base motives to Republican protestors (special interests, Ku Klux Klan members and even Nazis), the latter have not gone beyond labeling Democrats (accurately) as big taxers and spenders, socialists and petty tyrants.

We have an opportunity to restore government by the people in the 2010 Congressional elections and the 2012 Presidential election. That’s where the protests will really count.

Our language controls our political thought

"Modern English . . . is full of bad habits which spread by imitation . . . If one gets rid of these habits one can think more clearly, and to think clearly is a necessary first step toward political regeneration."–George Orwell, 1946 Had George Orwell, author of those dystopian classics 1984 and Animal Farm, lived long enough to notice the gradual academic takeover of the English language I do not doubt that he would be highly critical. The questionable academic terms now used by practically everyone, whatever their politics, are Culture, Values and Ideology. These terms not only mischaracterize those basic American principles and institutions which are most near and dear to us but actually undermine them.

Let us begin with culture. Today this term, the contribution of 19^th century German philosophy, is used as a synonym for society (or any group of people), which makes little sense. Originally culture meant deliberate cultivation of plants, as in agriculture. But if agriculture were understood in the same way as, say, gang culture, then agriculture could be the growing of weeds with perhaps a few whiskey bottles strewn about. Political philosopher Leo Strauss had this insight many years ago.

Not long ago culture referred to the realm of good taste, especially the fine arts. A cultured person could appreciate the best products of human art--e.g., music, painting, sculpture, plays, operas-- whereas an uncultured person did not. Of course, this is inconsistent with the popular idea that all tastes are equally legitimate, one man’s art somehow being another man’s vulgarity. This cheapens what is truly excellent.

This leads us to values. The term cannot be understood without reference to its supposed opposite, namely facts. The German social scientist, Max Weber, taught what he called the "fact-value distinction," which holds that facts are irreducible realities, while values are merely subjective tastes.

Only a boorish person would insist that what he likes is what everyone else should like, but value is a very broad term that includes not only taste but moral and political principles. We may prefer republican forms of government over despotic ones, but other peoples may feel otherwise. "Who are we," it is so often said, "to impose our values on others?"

If this is so, then not only do we not have a right to impose our political system on others; our preference for rule by the people is intrinsically no better than any other. Thus, it is unsurprising that many Americans' attachment to our Constitution is now lukewarm at best.

Finally, we come to ideology. This too is a contribution of German thought, particularly Karl Marx, who understood ideology as the rationalization of the ruling class for its dominance. He is famous for describing politics as nothing more than the organized oppression of one class by another. The real force in human life, he argued, was control of the means of production. With the Communist revolution, supposedly no one would control production and the state could be reduced to mere administration with no more politics.

What a cruel joke that turned out to be! The fact that Marx was wrong in his analysis did not stop his followers from imposing tyrannical regimes in Russia, China and elsewhere which never led to a "withering away of the state." Nor did it stop a lot of non-Communists from adopting his understanding of ideology for their own purposes.

Whenever someone influenced by the alleged insights of Marxism seeks to discredit an opposing viewpoint, he will call it an ideology. The object may be similar to Marx’s, viz., that the opposing view rationalizes a class interest, or that the viewpoint is unrealistic or at variance with the facts.

Ideology is surely not with difficulties, but it is often applied unfairly to political philosophies which are not only not rationalizations, unrealistic or at variance with the facts, but which are grounded in human nature. The best known to us is found in the Declaration of Independence:

"We hold these truths to be self evident, that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted among men by the consent of the governed . . . "

The terms, Culture, Values and Ideology, are inconsistent with and subversive of free republican government. Free society is not any old culture but one which is in accordance with human nature. Liberty is not merely a value but the right of every human being. And the political philosophy of the Declaration is not an ideology but based on "the laws of nature and of nature’s God."

If we would perpetuate our precious heritage, we need to watch our language. Academic weasel words won’t cut it.

The meaning of American independence

The national holiday we celebrate today is more often referred to as the Fourth of July than Independence Day, but at least that makes clear what date we are marking. We should, however, commemorate the historical event and all that it symbolizes, for the common world calendar ensures that the whole world has a July 4^th just we like do. American independence has transcendent constitutional significance. No other nation in the world before 1776 had ever established (constituted) itself in the world on the basis of political principles which are true for all times and places. The most famous part of the Declaration of Independence is "all men are created equal," rather than merely all Americans, or all whites or even all males.

Cynics are fond of ridiculing the language of the Declaration because they think they really know that its authors didn’t mean to include everybody. After all, the pre-revolutionary institution of slavery was not immediately abolished, women were not generally regarded as equal in rights to men, and the vote was not even extended to all males. So it was all a pretense, right?

Wrong. Northern states prohibited slavery by the time the Constitution was ratified, women had the right to vote in several states, north and south, and the voting franchise was extended to most white males within a generation or two.

Of course, we had no power to "secure these rights" anywhere else but on our own soil, and that was hard enough, as the Civil War and the long struggle for civil rights attest. But the meaning of independence, in the first place, is that the American people, through their chosen representatives, were free to throw off ancient shackles as soon as possible, however much they might disagree about the timing or even the wisdom of that welcome change.

In other words, no European nation, however powerful or influential, could impede the progress of the American people toward their fullest security for equality and liberty. America would long remain the only country so free, as Europeans underwent a cycle of violent revolutions and even world wars before that greatest of all battles was won. And the rest of the world took even longer, with a decidedly mixed record of success.

For much of our history we have been a beacon to other nations and peoples, drawing millions to our shores and inspiring revolutions abroad. An almost inevitable consequence of the influence was that the growing power of the United States has spared the world some of its greatest evils.

Depending on their agenda or what part of the Constitution they are talking about, both liberals and conservatives like to argue that the American government is severely restricted in its power and authority in order to ensure our freedoms against infringement. But they fail to understand what Alexander Hamilton, for example, understood, which was that "the vigor of government is essential to the security of liberty; [and] that, in the contemplation of a sound and well-informed judgment, their interest can never be separated . . . "

The most fundamental obligations of the government of the United States are to "provide for the common defense" and "promote the general welfare." In the midst of revolution without a national government, the Continental Congress had to find a way to fulfill these obligations, and barely succeeded. The object of the Constitution was not to give us a weak government but rather a powerful one.

Living in a world of monarchical governments, hostile Indian tribes and fierce pirates, the government needed to be, in Hamilton’s words, "energetic," not lethargic. The world is a dangerous place always, the only difference at any time being the nature and scope of the dangers. Had the national government not possessed the requisite power, the authority of the Union would not have been upheld against secession.

A united America is a boon to the world. Consider if our nation had not been united under one energetic government when in 1916 German submarines began to sink our ships and patrol our Atlantic and Gulf coastlines, not to mention block our shipping lines overseas. Only a strong American government could have kept the Gulf of Mexico from becoming a German lake.

More ominously still, consider the horrendous consequences if we had not had the means to keep Great Britain in the war against Nazi Germany until such time as the Japanese attacked Pearl Harbor and brought us into a two-front war. Our military, industrial and financial power was critical.

In both world wars, American power was decisive. In the earlier conflict, Germany defeated Czarist Russia at about the same time as America entered the war on the side of the Allies.  Absent American intervention, how does the thought of a Prussian dictatorship all over Europe strike you?

In the later war, an even more tyrannical German regime left unchecked would have held sway all over Europe, the Middle East and North Africa, and perhaps farther, doubtless putting an end to liberty for decades, if not centuries.

The superpower status of the United States kept most of the world safe from Soviet domination and ultimately proved too much for that evil empire to survive its own inherent weakness and inferiority. Today our government is the primary check on the world's despots and their blood brothers, the Islamist fanatics plotting against our freedom.

In sum, American independence means that we Americans alone decide how we are to be governed, and our formidable power has blocked or ended the rule of overbearing empires. This great good we celebrate today is a blessing for all mankind.

Abortion, slavery both founded in violence

The recent murder of George Tiller, the famous late-term abortionist in Kansas, brought differing reactions from the pro- and anti-abortion movements. The former saw it as the predictable consequence of anti-abortion speech and the latter reaffirmed their commitment to peaceful political action to overturn abortion on demand, the decree of Roe v. Wade (1973). The defenders of "reproductive choice" have declared in statements to the media that it is not enough that Tiller’s murderer be charged and ultimately convicted of that crime, but that it be treated as a form of "domestic terrorism." U.S. Attorney General Eric Holder is already pursuing that course.

The pro-life movement is very concerned that it will be unfairly besmirched by the actions of a tiny few. I don’t know if the acts of violence against abortion clinics or practitioners are as numerous as abortion supporters say or as few as abortion critics maintain. But I do know that pro-life organizations do not endorse violence.

In any case, abortion is an act of violence. If successful, it always results in the death of a preborn human being, developing in the mother’s womb. As such, it is a violation of the natural right to life, not to mention liberty and the pursuit of happiness, with which all human beings are endowed by their Creator.

However, it has been the law of the land for 36 years and it must be obeyed. Laws can be changed, and this one ought to be as soon as a majority of both houses of Congress and the President pass a law removing the regulation of abortion from the U.S. Supreme Court’s jurisdiction.

That will be a long time, I fear. If it is any consolation to all of us who are pro life, slavery was legal in this nation for 250 years before its demise, the latter thanks to Abraham Lincoln’s Emancipation Proclamation (1863) and the passage of the Thirteen Amendment (1865). I pray that we do not have to wait that long, but I know that it will never happen unless Americans come to look upon it as a wrong, just as they did slavery.

It so happens that an event akin to the murder of George Tiller occurred in October, 1859, when the radical abolitionist John Brown led a raid on Harper’s Ferry, a military outpost in Virginia, in order to seize arms and ammunition for the purpose of equipping slaves sofor an insurrection to destroy slavery. The plan failed and culminated in the hanging of Brown and his collaborators.

Soon slaveholders and their allies were demanding a federal law to suppress all speech and writings against slavery, on the grounds that it incites violence against an institution which was, sad to say, protected by the U.S. Constitution. President-elect Lincoln made it clear that he would never sign such a law, not because he believed no speech whatsoever should be curbed, but because it would be wrong to prosecute anyone for speaking the truth!

In a letter Lincoln wrote to his life-long friend Joshua Speed in 1855 when violence broke out over the attempt to introduce slavery into the Kansas Territory, the future president saw a link between  introducing slavery and the violence that resulted. The Kansas-Nebraska Act of 1854, he wrote,

"was conceived in violence, and is being executed in violence. I say it was conceived in violence, because the destruction of the Missouri Compromise [which had kept slavery out of the Louisiana Territory], under the circumstances, was nothing less than violence. It was passed in violence, because it could not have passed at all but for the votes of many members [of Congress] in violence of the known will of their constituents. It is maintained in violence, because the elections since clearly demand its repeal; and the demand is openly disregarded."

These strong words are no less applicable to Roe v. Wade, which legitimated the violent act of abortion, was made supreme law without the action of our elected representatives, and has been declared a "super precedent" that cannot be overturned even by peaceful means. In the wake of the Tiller murder, we are seeing calls to suppress the opinions of those who oppose the "procedure" which has resulted in the lawful deaths of more than 45 million babies.

We should condemn the murder of anyone, whether it be a man empowered by an unjust law, or the victims of his despicable acts.

The Constitution is still the supreme law

"We must never forget it is a Constitution we are expounding"- Chief Justice John Marshall Last week I discussed the controversy over the nomination of Sonia Sotomayor as Associate Justice of the United States Supreme Court, focusing on the standard for evaluating nominees. This week I will examine our Constitution, the basis for that standard.

Ours is a limited constitution, one that delegates powers to a federal government and denies certain powers to state governments which they had exercised to the detriment of our prosperity. It is necessary to recall these circumstances which originally gave rise to the Constitution in order to appreciate its authority and legitimacy today.

The Constitution did not come into being in a vacuum. What we now call the founding generation could not be sure that their nation would survive. Partly because of a suspicion of distant centralized authority and partly because of an attachment to their states, many Americans were far from assenting to a national government.

The Continental Congress (1774-81) and the Articles of Confederation (1781-89) were based on the good faith of the colonies until Independence (1776), and then the states which formed in that fragile union. Nothing of consequence could be accomplished without the approval of nine of the 13 states, and no independent and powerful national legislative, executive or judicial branches existed.

The major domestic threat to our nation was faction. The comparatively small size of the states which rendered them responsive to the wishes of their constituents also made them vulnerable to domination by majority factions determined to assert their rights but loathe to accept their responsibilities.

In the midst of a depression caused by the end of wartime production and the lack of access to continental and foreign markets, many Americans were broke and in debt. The war had been financed by an almost worthless Continental currency, made worse by the states' issuance of paper money as well. As debtors and their allies soon outnumbered their creditors, state after state passed laws which, in one way or another, repudiated debts.

Such legislative acts constituted more than an attack on the property rights of one class of people by another, as wrong as that was. They also sent a signal to nations from whom we borrowed money to finance the War that those debts were susceptible to repudiation too. After all, the same factions that controlled state governments dominated the weak Confederation Congress.

Reverence for the Constitution and the laws was not necessarily in the hearts of many of our ancestors at their moment of great crisis. How to counter this? As vital to the defense of our rights as a strong legislative and executive branch are, the courts have more immediate impact than either on the lives of our people. It is there that contracts are upheld and private property protected.

Thus, the Constitution, in Article III, provides for a supreme court, and "inferior courts" established by Congress, the judges of which hold their offices "during good behavior." When combined with Article VI, which declares the Constitution, federal laws and treaties to be "the supreme law of the land," binding every state judge, we gained a truly national judicial branch. This was soon to be the chief restraint on the states which, at that time, were coining or printing money, and passing bills of attainder, ex post facto laws, and "laws impairing the obligation of contracts."

It would be strange for the Constitution to permit at the federal level what had been curbed at the state level. Thus, the Fifth Amendment to the Constitution forbids the federal government from taking private property for public use without just compensation.

But since New Deal days, Congress has passed laws which have encroached on rather than merely regulated our trade and commerce. In other words, it has been doing what the states long ago had been restrained from doing by our Constitution. And just as it once took state judges of uncommon fortitude to resist what James Madison denounced as the states’ "rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project," so now it requires federal judges of equal fortitude to resist that same impulse in Congress.

For as Alexander Hamilton put it so forcefully, we must turn for the defense of our property and other rights to "courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void."