One of my favorite moments in the Star Trek movie franchise occurs near the end of Star Trek III: The Search for Spock. The details of the plot aren’t important here, other than that the Klingon villain, Kruge, played by Christopher Lloyd, is holding Kirk, Spock, and an Enterprise landing party hostage on a planet that is in the process of destroying itself. Kruge threatens to doom himself and his hostages if Kirk doesn’t surrender something called, “the Genesis Device.”
Spock, who had died in the previous film, has been brought back to life by the Genesis device but is aging rapidly because of it and must get off the planet immediately or die. When Kruge has the rest of the landing party beamed up to his ship as prisoners, the following exchange occurs between Kirk and Kruge:
Kirk: Take the Vulcan, too.
Kruge: No!
Kirk: But, why?
Kruge: Because you wish it.
Kruge doesn’t know what is happening to Spock or why Kirk has an interest in getting Spock off the planet, especially considering he’d be Kruge’s prisoner. He only knows Kirk wishes it and anything Kirk desires is likely against his own interests.
What a wonderful analogy for so many of the figures who have stood up to oppose the Washington, D.C. empire over the past several years. I don’t agree on much with Donald Trump, Lauren Boebert, Marjorie Taylor Green, Matt Taibbi, Glenn Greenwald, or Bari Weiss. But it is apparent the empire fears and loathes these people and will do anything it can to destroy them.
Therefore, I am inclined to do whatever I can to defend them against the empire’s attacks. Should the empire deign to ask why I wouldn’t allow this collection of mercantilists, socialists, and statists (but I repeat myself) to be crushed, my answer is the same as Kruge’s:
“Because you wish it.”
The latest in this cast of opposition characters is self-described socialist Elon Musk. Musk claims to have purchased Twitter primarily to change its content moderation policies to allow for freer speech, something he claims is essential to “democracy.”
That all sounds wonderful to the average, miseducated American and there is good reason to believe Musk is sincere. He spent $44 billion on a company that currently makes $5 billion in gross revenues – and loses money. No likely combination of revenue growth or cost cutting will make this a wise business investment anytime soon.
Taking Musk at his word, it is worthwhile to unpack just what Musk is championing. On one hand, anything the empire is opposing this strenuously is on its face a good for the rest of us. But we should have open eyes about what Musk is offering in its place. There are several assumptions most people take for granted that need to be challenged. They include free speech, democracy, and liberty.
Musk evidently shares the empire’s stated ideal of democracy as an end in itself. In deciding whether to allow former President Trump to return to Twitter, Musk held a Twitter poll. When it came out in favor of allowing Trump’s return, Musk tweeted the results with the Latin phrase, “Vox Populi Vox Dei (“the voice of the people is the voice of God”).
Of course, the American system has never assumed democracy is an end in itself. On the contrary, it includes many anti-democratic elements alongside the democratic ones. The reason for having a bicameral legislature, presidential veto, independent judiciary, and Bill of Rights is to protect individuals and constituent polities from democracy.
That’s what makes Musk’s Trump poll so ironic. He suggests a majority vote has something to do with free speech when the First Amendment was written to defend free speech against democracy. The 2nd Amendment was written to protect the right to keep and bear arms against democracy. And so on with all ten amendments in the Bill of Rights, the last to protect individuals from the accumulation of power even in one, central government, however democratically elected its representatives.
“Every revolution starts in the minds of the people” says the tagline of Tom Mullen Talks Freedom. This was most directly inspired by a statement written by John Adams in 1818:
“The Revolution was effected before the War commenced. The Revolution was in the Minds and Hearts of the People.”
As I wrote last week, we are at war. It is being fought in the political and media sphere, meaning it is, for the moment, a war of ideas.
That’s not to say our enemies are not willing to enforce their ideas with violence. To a certain extent, they are doing so already. If you are an employer in the healthcare industry, for example, you must require your employees to be vaccinated. It is the “law,” as written by an executive branch agency called the Department of Health and Human Services, which along with myriad other executive branch regulatory agencies make most of the laws U.S. citizens live under.
So much for the legislative power being delegated to Congress.
Many under the spell of progressive brainwashing might ask, “But how is this violence?” It is important to remember that every law, regulation, or other government edict is a threat of violence. That’s not “extremism;” it’s the truth. Anyone who doubts that should simply choose not to obey one.
Pick the most insignificant amongst them, like a traffic ticket. Sure, the first response to your disobedience might merely be a letter demanding some money. But ignore the letters long enough, fail to show up for the inevitable court date, and men with guns will eventually arrive at your door to take you away or kill you if you resist.
This is the nature of government. To deny it is to depart from reality.
Deep down, everyone knows this, and our enemies know we know this. That is why it is so important for them to obtain, at the very least, our tacit consent. Thus, the massive propaganda drive in the media, the deplatforming of dissidents, and the scapegoating of “extremists.”
They need to control the way people think because they cannot overcome the whole population by force. Neither can they completely brainwash the entire population. They only need to do what they have succeeded in doing so far, which is to recruit a significant minority of the population to actively propagandize for them and rely on another significant minority of the population to “go along to get along.”
That leaves the last significant minority of the population, those willing to actively resist, to battle the government, the media, corrupted business interests, and most of their fellow citizens.
Needless to say, with this monumental task in front of them, it is important that the resistors have the right ideas. At the very least, they must avoid the enemy’s false premises. Otherwise, like an army that has been lured into advancing in the center without protecting its flank, the resistance ends up right where its enemies want them.
Our enemies have succeeded in poisoning the resistance with many false premises which need to be rejected or we will find ourselves, like the Romans at Cannae or Washington at Brandywine, rushing headlong forward only to be surrounded and destroyed.
One false premise accepted by virtually everyone is that the United States is “a democracy.” Calling the American system of government “a democracy” is like looking at a birthday cake and calling it “an egg.”
Yes, democracy is one of the ingredients in the U.S. Constitution, but it is not the only or even the main ingredient. It is more accurate to say there are a few democratic elements in the Constitution and the rest is designed to protect us from democracy.
Everyone is worried about “our democracy.” The left believes Donald Trump is trying to destroy it by challenging the results of the 2020 presidential election, aided by state legislatures controlled by his party passing stricter voter identification and ballot verification laws.
The right believes the Democratic Party is trying to destroy democracy by stuffing ballot boxes with illegitimate votes and flooding the country with undocumented immigrants who will either vote illegally themselves or have children who will eventually vote Democrat.
They all agree on one thing. Our democracy is in peril, and it must be saved.
Certainly, if there was enough fraud to change the results of any election, that is a problem. But what is tearing our society apart is not destruction of our democracy, because we don’t live in a democracy. And it isn’t just a republic, either. All “republic” means is that the people elect representatives to perform the various functions of government. North Korea is a republic; China is a republic. Neither are countries in which most Americans would want to live.
No, what made the American system better was not its democratic elections or republican form but it’s anti-democratic safeguards. The Constitution allows for representatives to be elected democratically – although only the House of Representatives was originally by direct vote of the people – but the rest of its provisions are there to protect us from democracy.
The bicameral legislature, presidential veto, separation of powers, and strictly enumerated powers are all intended to protect individuals from what democratically elected representatives might do.
The Bill of Rights is completely anti-democratic. Its articles say the democratically elected Congress shall make no law regarding the establishment of religion, shall not infringe the rights of free speech, or to bear arms. They say the democratically elected executive shall not conduct unreasonable searches, punish you without due process, etc.
The key to all the so-called “checks and balances” in the Constitution is they set up adversarial processes that must occur before power is exercised.
Older readers may remember the Schoolhouse Rock cartoon, “I’m Just a Bill.” It attempts to educate youngsters on all the hoops a bill must jump through to become a law. While clever, the problem with its tone is the strong implication that the bill failing to become a law is regrettable, even tragic.
That the Constitution makes it difficult to pass a law is a feature, not a bug.
The popular sentiment that Congress “isn’t getting anything done” springs from the same misconception. When a bill is proposed and subsequently either dies in committee or fails to pass a general vote, Congress did indeed “get something done.” It vetted the proposition to require or prohibit some human activity by force and (usually wisely) declined to do so. That’s as much “getting something done” as passing the bill – and usually ages better.
Yet, while still professing fidelity to the Constitution, federal legislators have passed many laws allowing the executive branch to bypass this entire process and effectively legislate by fiat. If you’re wondering how President Trump could levy a tariff (a tax) on imports without a law passed by Congress, it’s because Congress passed the Trade Act of 1974, effectively allowing the president to exercise this power exclusively delegated to Congress if, in his sole judgment, “any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States.”
The National Emergencies Act similarly transfers legislative power to the president by his merely declaring an emergency to exist. Worse yet, the “state of emergency” doesn’t end until the president declares it is over or Congress passes a joint resolution to end it – which can be vetoed by the president!
As I’ve written before, the entire New Deal constitutes an unconstitutional transfer of power from the legislature to the executive by allowing regulatory agencies to not only write their own regulations (legislate) but often usurp the judicial power by deciding disputes in their own administrative courts.
That’s why President Biden can mandate vaccines for businesses with over one hundred employees without new legislation from Congress. He can simply have OSHA require it through “regulation” – a euphemism for the executive branch legislating.
Needless to say, Congress cannot assign powers exclusively delegated to itself to another branch of the government, no matter how many legal or logical acrobatics Supreme Court justices have performed saying they can. There would be no need for Article V of the Constitution if Congress could merely override the separation of powers or other constitutional constraints with legislation. And the Constitution certainly provides for emergencies. There is no emergency more serious than war, for which the Constitution clearly provides.
Yet, no one blinks an eye when a president decides to bomb Syria (name one that hasn’t lately) without a declaration of war and in violation of the War Powers Resolution which specifically limits the president’s power to “introduce the United States Armed Forces into hostilities” to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.” [emphasis added]
The list of violations of the Constitution’s limitations on power and separation of those powers it does grant is too long to cover here. But they all have one thing in common: they eliminate adversarial processes capable of overriding the will of majority – of overriding democracy – to preserve liberty.
Everyone recognizes the political climate in the United States is toxic and many legitimately fear it will become violent. This isn’t because democracy is diminished. Rather, it is because the people of these states have tolerated the erosion or elimination of most restraints on democracy built into our Constitution.
My own view of the Constitution is much closer to Lysander Spooner’s than Madison’s or Jefferson’s. But as I said four years ago, the limits it places on federal power, especially in terms of the separation of powers between the federal and state governments, could prove useful in easing the pressure before the boiler explodes. While peaceful, full-scale secession from both the federal and state governments might be the philosophical ideal, it is much less likely than a “soft secession,” accomplished by simply enforcing the Constitution’s limits on federal government power.
That soft secession has already begun, although most of those seceding probably don’t realize they are doing so. Over half the states have nullified federal marijuana laws by passing state legislation legalizing their use for medical purposes, recreation, or both. Many blue state cities have declared themselves “sanctuary cities,” refusing to enforce federal immigration laws.
Most recently, Texas passed a law prohibiting abortion once a fetal heart rate is detectable, or more accurately clarifying laws prohibiting abortion never taken off the books after Roe v. Wade.
None of the federal laws or regulations in question are constitutional. They were all merely passed by Congress or enacted by executive edict and then, in some cases, “discovered” to be constitutional by the Supreme Court. Madison himself said regulating immigration was a power “no where delegated” to the federal government. And whether one considers abortion healthcare or homicide, the federal government isn’t given power over either.
Most people in red states have a visceral hatred for sanctuary cities, just as most in blue states hate the Texas abortion bill. And that’s just the point. These are matters that can only be dealt with locally. No supermajority of states ever has or ever will consent to the federal government imposing one policy in these areas over all the states.
The response to Covid-19 has followed the trend. In 2020, there was an increasingly diverse policy response as the pandemic progressed, with some states imposing severe lockdowns and mask mandates while others imposed less severe restrictions or none at all. South Dakota led the way in refusing from the start to close businesses or issue stay-at-home orders, followed by Florida in September 2020 and Iowa and Texas in early 2021.
As for President Biden’s vaccine mandate (announced but not yet written), Florida and Texas have already banned the mandates within their states, while South Dakota governor Kristi Noem took the most libertarian approach in neither mandating nor banning vaccine mandates for private businesses. Meanwhile, New York’s governor Kathy Hochul has ordered all healthcare workers in her state to get the vaccine and is prepared to call in National Guard personnel to replace those who don’t comply.
Many fear violent conflict resulting from state nullification of federal laws or regulations. But we haven’t seen that over nullification of marijuana prohibition and we wouldn’t likely see it when state governments take similar action on other issues.
Rather than a recipe for violence, more widespread soft secession from the present, unconstitutional system would allow the two dominant political tribes to stand down from their current, confrontational posture. And it would allow the rest of us to at least “pick our poison” in terms of which less-than-ideal system we would prefer.
Most important, it would save us all from what we have now: democracy run amok.
TAMPA, March 19, 2012 – Give yourself a test. Without doing a web search or whipping out that pocket U.S. Constitution that a wild-eyed Tea Partier handed you, fill in the blank in the following sentence: The U.S. Constitution guarantees to every state in the union a _____form of government.
If you are like ninety percent of the American electorate, you answered “democratic” and you were wrong. The answer is “a republican form of government.” There is an important difference between the two and one would think that the Republican Party would know it. Instead, they are identical to their rivals in not only ignoring the distinction but promoting democracy instead.
In a democracy, the will of the majority is the law. Fifty-one percent of the vote empowers the winners to exercise any power they wish. Not so in a republic. The reason that the founders constructed a constitutional republic was to protect Americans from democracy.
That may sound like sacrilege to most 21st century Americans, but it’s true. Benjamin Franklin mused that democracy was like “two wolves and a sheep voting on what’s for dinner.” Thomas Jefferson said that when majorities oppress an individual they “break up the foundations of society.”
Republicanism is the logical form of government for conservatives. Conservatism at its best protects property rights from an unchecked majority plundering the individual. Liberalism at its best protects property rights from the wealthy conspiring with the government to plunder the masses. At their worst, both conservatism and liberalism legitimize plunder; the former for the few, the latter for the many.
Ron Paul’s presidential campaign strategy is rooted in republicanism. He has deliberately focused his efforts on the states that hold caucuses instead of primaries because caucuses do not let the majority rule unchecked. Instead of merely pulling a few levers behind a curtain, caucus participants must complete a multi-tiered process that occurs for months after the popular vote before being chosen for the national convention. Who can doubt that these delegates are more informed than the typical primary voter? The essence of republicanism is for reason to triumph over the transient passion of the majority.
Paul’s platform likewise represents what is best about conservatism. Without exception, it protects the individual from oppression by the majority. He is the only Republican presidential candidate that has actually said the words “role of government” during any debate. That’s because he is the only candidate that seems to recognize that the government’s role is limited; that even a majority vote cannot sanction it to exercise power beyond those limits. Throughout all of human history, conservatives have defended this principle against the ungoverned passion of the majority.
Yet, conservatives today sound just like liberals when they decry Paul’s supporters using the republican nature of the caucuses to overturn the decisions of uninformed majorities. Their opposition to both Paul’s platform and his political strategy begs the question: Does the Republican Party still believe in a republican form of government? Do they still believe that the power of the majority has limits? Or are they just Democrats with a different supporter base?
George W. Bush never once referred to the United States of America as “a republic.” He consistently referred to it as “a democracy” and like Woodrow Wilson claimed to be defending democracy all over the world. If he was representative of what the Republican Party now stands for, then how is it substantively different from the Democratic Party?
These same questions apply to the issues. If the Republican Party truly favors the big government alternatives to Ron Paul, candidates who all supported the expansion of the federal government in the past and who refuse to commit to any meaningful cuts now, then what is the debate about?
The federal government doesn’t need a manicure. It needs reconstructive surgery. Make that deconstructive surgery. You don’t turn $1.5 trillion deficits into surpluses by tweaking the way that federal departments are managed. You do so by completely eliminating departments and redefining the role of government. Only Ron Paul is proposing to do so. If there is anything left of what made the Republican Party different from the Democrats, they should support both Ron Paul’s platform and his political strategy.
TAMPA, March 19, 2012 – Give yourself a test. Without doing a web search or whipping out that pocket U.S. Constitution that a wild-eyed Tea Partier handed you, fill in the blank in the following sentence: The U.S. Constitution guarantees to every state in the union a _____form of government.