Join us for debate at our Facebook Group, Liberty Cafe!



Showing posts with label federalism. Show all posts
Showing posts with label federalism. Show all posts

Friday, June 25, 2010

Democracy Sucks!

I'm sloughing through a book called Welcome to the Homeland. A book riding the coattails of What's the Matter with Kansas?, but with a more sympathetic tone. While Thomas Frank beat you over the head with his pure hate of his former kin, the author of Homeland tries to get to the root of the rural conservative, even if he thinks they're backwards and ruining America.

In the introduction of the book where the author tries to plant his rural cred by birth and his work with NPR (heh), he goes on about how this white, rural conservative “minority” is stopping the rest of America from progressing and how that isn't democratic. Word to the wise, we aren't a democracy. It's an old conservative mantra, but its true upon true.

The US is a federal republic (or a democratic republic or a federal democratic republic... key words are federal and republic). A federal government with what should be limited powers, giving the member states the ability to control their futures as they see fit within the broad liberty-based box the Founders created. For instance, Nebraska has a single, nonpartisan legislative house, and is the only state in the Union to have it. California's laws are not Utah's laws which aren't Maine's laws. You see where I'm going.

Many people, even some conservatives, have this odd idea that we need to expand democracy. They think the Electoral College is anti-liberty, specifically “undemocratic” (gasp). Okay. Sure. Let's remove the Electoral College and go purely on the popular vote. Nine states have 50% of the population of America. Thirty states have 90% of the population [1]. So there nine states that can pretty much rule the rest of the country by popular vote. No president would have to visit every state or most states, they'd only have to visit California, Texas, New York, Florida, Illinois, Pennsylvania, Ohio, Michigan and Georgia to reach half the country. There are still forty-one states left. Each one with voices just as important as those of the top nine.

Expanded democracy, instead of expanding the people's voice, actually squashes it. The democracy folk don't realize (or do, which makes it all manners of bad) that minority voters (in ideology, religion, party, etc) will have no say at all. Their voices will be squashed under the weight of the mob. There would be no libertarian voice, no independents, no New Party or socialist vote. The weight of the majority will crush the minority, something the Founders were absolutely against. There was a reason Senators were voted in by state legislatures and not the people.

Voting is an integral part of freedom, but so is making sure your vote counts. Liberty expands when government contracts and/or when power is decentralized. The more our votes are shoved in to a giant pot, the less our vote counts. That's why the decentralization of power is so important to liberty. Giving states their constitutionally-given rights (there are plenty the Feds have usurped) allows peoples to chart their future for their state and their state alone. This is liberty.

In short, voting does not equal liberty and liberty isn't just voting. Its local, its tight-knit, it involves paying attention, it involves mayors and counties and state politicians. And its much more complex than the democracy folk (this includes the neo-conservative “democratic revolution” dreamers) think it is.


Sources:
1. http://en.wikipedia.org/wiki/List_of_U.S._states_and_territories_by_population#States_and_territories

Sunday, April 25, 2010

The Law Prof on Arizona's New Law

Reason strikes again!
Nothing in the law authorizes stopping people because of their skin color. The law simply provides guidelines as to what is permissible in accordance with federal law, and the procedures that should be used.

Could the law be abused? Sure, so can any law.

Claims of "driving while black" and other racial profiling have abounded for decades. But we don't eliminate the enforcement of traffic laws just because some police racially profile; instead we educate and discipline police who use racially neutral traffic laws for racial purposes. Why should the immigration laws be any different?

If you want to argue that the law is not sound on civil liberties grounds, do so. If you want to argue that as a matter of public policy local governments should not enforce the immigration laws, then make that argument.

But the one argument which is not legitimate is that the law is racist. Because it is not.

Monday, March 29, 2010

A Quick Snark Attack Upon JB of Balkinization

I follow the blog Balkinization mostly for kicks, since its run by far-leftist who want to see the Constitution reformed to fit their majority rules, minority be crushed agenda. This night, I shall snark at them with vigor.
The victory of President Obama and the Democrats in passing historic health care legislation has changed the political climate in Washington.

What has not changed is the basic structural problem that American government faces. It is a problem for the Democrats today. It will be a problem for the Republicans in the future if nothing is done about it.

The problem is the Senate.
If he's talking about the popular election of Senators, something that was only changed 100 years ago and not part the original plan of the Founders, then it is a problem. Before the Progressive movement got the popular election of senators passed, the state governments were able to send their own representatives, the senators, to Congress to balanced out the populism from the House. But that's not what he's talking about.
No matter how great last weeks' victory, the Democrats still need 60 votes in the Senate to pass major new legislative initiatives. They will get little cooperation from the Republicans. We now have the equivalent of parliamentary style parties-- featuring strong party discipline by the party out of power-- in a system that is not a parliamentary democracy.

This combination is unsustainable.

The Senate got to 60 votes on health care in December. That is what made possible the use of House passage plus reconciliation in March.

But that 60 vote majority is now gone. Very soon Americans will figure out that the President and his party can achieve almost nothing. And at that point the President's recently gained aura as a winner who can do great things will dissipate.
Not being able to force an agenda on the entire country by pure 50 plus 1 majority is what he's talking about.
The country needs to do a great deal more to deal with the economic crisis. There must be new financial regulations. Legislation to promote economic growth and job creation. And there are also important energy and environmental initiatives.
Dear reader, I trust you can you guess which one of his worries cannot live if the other two are enacted. JB couldn't see it, probably out of ignorance.
For each of these measures, the President will need 60 votes in the Senate.

The opposition party has given notice that it will not cooperation with the President and his party on anything. The Republicans will resist not only legislative initiatives, but also basic appointments to the Executive branch, as well as judicial appointments. There may be a few exceptions like the recent jobs bill, and we might possibly see minor reforms on financial regulation, but in the months leading up to the 2010 and 2012 elections, it is likely that the Republicans will double down on their policy of virtually complete intransigence.

And things will only get worse after 2010. The Democrats will have even fewer seats in the Senate because of the off year election, when the President's party usually loses seats. Given the state of the economy, it will probably lose more seats than usual. The Democrats are very unlikely to get back to 60 seats in the near future. They are still likely to have majorities in both houses. But those majorities will prove next to useless without 60 votes in the Senate.

The President and his advisers are well aware of these facts. They recognize that the glow of victory on health care will soon give way to the harsh reality that the President and his party may not be able to get anything else done of significance if they cannot do something about the Senate.

That is why the next big task the Administration must take on for itself is the reform of the Senate rules.
i.e. Making it easier to pass horrible legislation and appoint radicals in spite of the forced collaboration that the Founders had in mind. Totally okay, since the ruling party is in his ideological pool.
The President must get the Democrats in the Senate to do what they were unwilling to do in 2004 and 2005 when the Republicans were in control: reform the filibuster rules and the rules on holds.

If the Republicans are correct that the logical strategy is noncooperation, the Democrats will adopt it the next time that the Republicans gain the White House. Neither party is likely to get to 60 votes in the Senate very often, which means that without reform of Senate rules, it will be very hard for Congress to pass any important legislation in the future. The minority party, whether Republican or Democratic, will use the Senate to prevent reform in any direction, whether liberal or conservative. Congress will continue to vote appropriations to keep the government running, and will be able to make very minor adjustments. But if the President cannot persuade the Senate to reform itself, health care may be the last big reform measure passed by either party for some time.

American government cannot operate like this, especially given the many problems we face.

The Senate must be reformed.
It's nice to see he mentions that Republicans will have problems, too. But guess what? JB... that's the damn point! Unless there is a landslide election of a party, the parties must be FORCED to work together as they did for national security after 9/11 and for the horrible, but bipartisan Medicare Part D. Just because you fear that each election won't give a hardy majority to either party don't mean you can just wave your No.2 pencil and declare that they VERY NATURE of the Senate is wrong.

By the very nature of human nature, the government will always seek power. Each branch trying to overcome and rule the other. Obstructionism in the Senate prevents the House from doing some really stupid ass stuff. One of the reasons that Congress is so bad now because there isn't enough obstructionism in the Senate. The House and Senate work together way too often. If the states could elect their own senators, do you think any of them would of voted for a health care bill that tanks most of their budgets? Hell no.

If JB's changes went through, I bet you he'd be crying bloody murder when the Republicans start hammering through their agenda.

"No, no. It was never meant for that! It wasn't meant for real change!"

UPDATE: Ezra Klein makes the same case. End protections. Enforce majority rule.

Thursday, February 18, 2010

One Step Closer

Just freakin' fantastic:
The council of EU finance ministers said Athens must comply with austerity demands by March 16 or lose control over its own tax and spend policies altogether. It if fails to do so, the EU will itself impose cuts under the draconian Article 126.9 of the Lisbon Treaty in what would amount to economic suzerainty.

While the symbolic move to suspend Greece of its voting rights at one meeting makes no practical difference, it marks a constitutional watershed and represents a crushing loss of sovereignty.

"We certainly won't let them off the hook," said Austria's finance minister, Josef Proll, echoing views shared by colleagues in Northern Europe. Some German officials have called for Greece to be denied a vote in all EU matter until it emerges from "receivership".
This is the future of Europe. The path the EU has taken since its inception two decades ago has been one of authoritarianism and political usurpation. From Spanish courts being given the right to prosecute non-nationals (Americans) in the name on “international law” to the undemocratic passing of the Lisbon Treaty by most European governments and now to taking away Greek sovereignty, the foreshadowing couldn't be any clearer. Michelle and I took on the question of the US and EU months ago. We concluded:
If a constitution is not devised as a mechanism to preserve individual freedom and reign in the powers of government, then the creation of such a document serves no purpose. Constitutions should not be devised to band nations together to create a super-power rival to other powerful nations with the “power-elite” in control. Constitutions written with such motives lead to oppression and tyranny. If the EU wishes to follow the footsteps of America’s Founding Fathers, then the framers of the EU Constitution must recognize the importance of localized power, and adhere to the rights of the individual nations’ liberty.


I guess the EU doesn't want to follow in the footsteps of the Founders. It has plenty of its own history.

Michelle and I will keep up on this frightening issue.

Saturday, February 13, 2010

Pot, Kettle. Kettle, Pot.

Obama Poised to Use Executive Power to Muscle Through Domestic Agenda
Faced with a resurgent GOP and a largely stalled legislative agenda, President Obama is planning to use his executive powers to forge ahead with his domestic initiatives, including on energy, the environment and the economy, The New York Times reported.

"We are reviewing a list of presidential executive orders and directives to get the job done across a front of issues," White House Chief of Staff Rahm Emanuel told the newspaper.

But aides told the newspaper that Obama is still hopeful that progress can be made on Capitol Hill, citing the bipartisan summit on health care scheduled later this month. Yet the GOP's stunning capture last month of the Senate seat previously held by Ted Kennedy has prompted the White House to prepare to go solo to break any partisan gridlock heading into the midterm elections.

The president has a range of powers -- from executive orders to agency initiatives -- that don't require legislative action, and White House officials argue that the increased focus on executive powers is not uncommon in the second year of any presidency.
Now, wasn't it the Left, and Obama later on, that harped on President Bush and his administration for holding to the unitary executive theory?

I am not against the idea of a strong executive when its in the context of limited government, but the current version of American government gives much more to a president who has a vast domestic agenda like Obama does. The most authoritarian of presidents before the modern era did not have a tenth of the power a president has now. FEC, EPA, DOT, DOE, IRS, etc. There are dozens upon dozens of agencies in the American government that have an effect on American lives. From simple things like thermostat changes to big things like political speech.

A lot of the criticism towards President Bush and his strong executive involved enemy combatants, the terrorist wiretapping program and black sites. All that had to do with military and war matters and while some of it could be called into question (most of all, Bush's reluctance to legally declare war on Iraq), it's nothing like President Obama has planned. The EPA ruling on carbon dioxide is only a glimpse of what could come.

Is it the tyrannical fist of Comrade Obama some fear? No. But it is disquieting that instead of listening to the people, something that should never be dismissed when it comes to domestic issues, the President will push his agenda forward. An agenda that many Americans are questioning in totality.

Tuesday, February 9, 2010

I Wouldn't Want To Be Single Today

The Weekly Standard has an amazing article on the modern dating scene, if you can actually call it dating. The author takes the feminists and the sexual revolution to task for the axing of old school courtship and marriage, saying that the removal of these things has lead to a world where both men and women are more worried about getting laid as many times as possible before "life" (aka, maurity, masculinity, good social norms) catches up to them. This, in turn, has robbed beta males and females of good stock, as well as psychologically damaged the views they have of traditional society and marriage. The most damaging thing of all, in my eyes, is that preening, metrosexual, American Psycho-style looks obsessiveness is considered alpha male content.

Really, how the hell did this guy become more manly than this guy?

She concludes with this:
The whole point of the sexual and feminist revolutions was to obliterate the sexual double standard that supposedly stood in the way of ultimate female freedom. The twin revolutions obliterated much more, but the double standard has reemerged in a harsher, crueler form: wreaking havoc on beta men and on beta women, too, who, as the declining marriage rate indicates, have trouble finding and securing long-term mates in a supply-saturated short-term sexual marketplace. Gorgeous alpha women fare fine—for a few years until the younger competition comes of age. But no woman, alpha or beta, seems able to escape the atavistic preference of men both alpha and beta for ladylike and virginal wives (the Darwinist explanation is that those traits are predictors of marital fidelity, assuring men that the offspring that their spouses bear are theirs, too). And every aspect of New Paleolithic mating culture discourages the sexual restraint once imposed on both sexes that constituted a firm foundation for both family life and civilization.

Wednesday, October 21, 2009

On Religious Freedom and the Public Square

What's so bad about religion? What's so damn wrong about it that it drives inverted church-and-state activists bonkers? Is religion so powerful that seeing a lone cross in the desert will create the notion that the government supports Christianity over all else? Is it really so important to muzzle religious speech by banning or diluting the original message of a display? What does that say about how we Americans view religious freedom as compared to our Founders who pioneered the idea? I hope with this post to answer these questions and to lay out a moderate and liberty-based approach to religious freedom in this great country.

Religion and Culture

From the dawn of time, man has had stories of gods, devils, spirits and all kinds of paranormal beings creating the world we see around us. Throughout the years religion has evolved from trying to explain the sun, the stars and the wind to become the staple of the world's most advanced cultures on the planet. Not only that, religion has created some of the most beautiful art, inspired the most profound works of literature, and even was the rallying cry behind the American Revolution and the call to free millions of blacks from the bondage of slavery and suppression of the civil rights. There is not one nation, not one culture, that hasn't been based around or based on a religion.

Even today, in spite of anti-religious rhetoric, every human being is wired to have some kind of faith. They have faith in God, faith in Allah, faith in any number of scriptures, texts, ideas or powerful creators. Our modern society has even reached the point where political ideologies have reached such extremes that the term “political religion” describes the movement's religious nature to secular ideal - not a political ideology based in religious doctrine. To use a current issue, people talk about “believing” in universal health care, having “faith” in its workability, or even outright dismissing fact and proclaiming it good and moral, as if the very declaration will destroy the pitfalls.

Secular political religion in America has a very big grudge against traditional religion and traditional culture as well. One does not have to be an atheist or agnostic to be part of the secular political religion movement. There are many groups of faithful people who also believe in the strict secularization of America's public square. From removing God from the pledge of allegiance to banning any moments from schools that could be used for prayer, the secular political religion has made headway in all aspects of American life. Either knowingly or unknowingly, they have created a wedge between America and her culture, between America and her national values, between America and the ability to teach moral lessons on a national scale. This is dangerous in the long view because no matter how you view a certain religion, or all religions, a moral code is necessary for a moral and just society. There is no better teacher of basic individualistic morality than religious texts.

Defining the Great Line

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
-First Amendment to the Constitution of the United States

Believing with you that religion is a matter which lies solely between man & his god, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should make no law respecting an establishment of religion, or prohibiting the free exercise thereof, thus building a wall of separation between church and state.
-Thomas Jefferson. From his letter to the Danbury Baptists on government interference in religion.

***

As read by the secularization movements, “Congress shall make no law respecting an establishment of religion” along with “a wall of separation between church and state” indisputably means that religion must be either totally removed from the public square or accommodated in full by all other faiths. Otherwise it would seem that the government, state or federal, is “establishing” a religion. A theocracy-by-perception, if you will. This is a ludicrous view of the First Amendment and its history. It also distorts Jefferson's meaning of “church and state” and his personal views on religion in the public square.

Firstly, before anything else, one must read the entirety of the religious clauses of the First Amendment. It says “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The first clause is pretty clear in that the United States is not to have a state religion, a state church or any kind of state subsidized religious domination by one section over others. The second clause clearly states in light of the state not establishing a national religion, that the free exercise of religion cannot be prohibited. It does not say that the state cannot have religious displays in national parks, state parks or city parks. It does not say the state must accommodate a religious display with displays of other faiths around it to remove the perception of religious establishment. It does not say that without accommodating other faiths, such displays must be removed for the sake of secular views on religion. It states simply that the state cannot establish a national faith nor can it deny the expression of faith among its citizens. The religious clauses were intended as such as seen by their early drafting, which were written by James Madison as: “The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience by in any manner, or on any pretext infringed.” [1]

While the First Amendment has a clear cut definition of what is and is not permissible by the government in the religious realm, as in all things, modern complexity has brought up many issues that may not fit so easily into the original intent of the clauses. For instance, should a public school have a recited prayer before classes begin? During the first two centuries of America (and before the creation and implementation of incorporation to the states), it was not seen as a violation to have prayer. But with the ever increasing number of secularists, atheists and agnostics, the issue was eventually brought up before the infamous Supreme Court ensemble known as the Warren Court. The verdict in the case (known as Abington Township v. Schempp (1963)) created a new test for judges to use in such cases and is known as the “secular purpose” test. The test is supposed to determine if an activity is secular enough to be compatible with the Establishment Clause. In my opinion, the Warren Court ruled justly. In today's society, the Christian faith, while the majority, no longer has the super majority it once had. To be faithful to the intent of the Establishment Clause, an obvious Christian prayer, even if it's non-denominational, cannot be mandatory in a government-run school.

If the line had been drawn there, I don't think anyone including the politically active religious of us would be able to argue against a simple reforming from a Christian to a secular moment in public schools. Prayer would not be suppressed, but simply not encouraged by the state. Alas, the line was not drawn in rock, but sand. Since then, prayer at after-school games and clubs have been banned or called into question. Christian groups on high school or college campuses have been banned or threatened with banning if they did not include people of other faiths in their clubs. Government voucher programs for poor minority students have been cut with some justifying it on the grounds that the money went to religious schools and the government should not be supporting such schools due to the Establishment Clause. (They forget that these schools were being paid for their service - not subsidized for being religious. Nor do they remember these lucky children were removed from violent and failing public schools that were awful in spite of massive funding.) This hardly scratches the surface as displays religious and seemingly religious in nature are being taken down or are in the process of being struck down. Even World War I memorials in the lonely Mojave Desert are not safe from those who see a single cross on public land as the creeping shadow of a government sponsored religion.

The Hammer, the Flea and the Vase

This post is not meant to demean secularism or try to make excuses for those who wish to see a more religiously based government in America. The former, in the form of the Establishment Clause, has done much to prevent the permanence of religious-based idealists like Woodrow Wilson or (God help us if he ever become President) Mike Huckabee. But, in contrast to the vast good the Establishment Clause has done, the misreading and its abuse by anti-religious groups and overzealous secularists has put religion in a bind, and with that, the nation's moral center.

Every major religion in America has the same common views on life, its importance and its care. Christians, Muslims and Jews may argue over theology, but there is concurrence on topic such as abortion or euthanasia. One will see a beautiful display of inter-religious harmony. Human cloning, destroying embryos for research and other science versus morality issues all require that we look to our moral leanings for guidance. It doesn't matter if you think Christians are polytheists, that Muhammad was a child rapist or that Buddhists are just wackos worshiping a fat statute. When it comes to reflecting on moral choices, religion has the monopoly that no one can break.

The thing is that secular political religion has a problem with the moral monopoly. It may be because of religion's view on gay rights, divorce, drug use, child rearing, etc. The more outlandish and idealistic of the secular movement don't simply want religion in its rightful place in the public square, as the Warren Court provided, but it wants it gone from the square completely. Those in like-mind with the anti-religious crowd, even though they may not be anti-religious themselves, cannot justify their views unless they are prepared to admit they are either anti-religious or making a big mistake. To me, the secularist, who isn't anti-religious, sees an ugly flea of dangerous religious power on the face of the beautiful religious culture vase and wishes it gone. However, instead of simply blowing the flea off the vase with their breath, (something that won't harm the vase), they take a hammer and smash the vase into pieces just to remove the aesthetic unpleasantness of a single flea. How does that help anything? It doesn't, and it drives our faithful citizens to object to the destruction of our grand and free religious traditions - traditions that have done so much for the people of this country. What do they get for their objections? Anti-religionists and like-minds saying religion has no place in this discussion - bold words from the temple's vandals.

Secularize the Government, Pluralize the Square

Most Americans have a rightful fear of the government, either economically, militarily, religiously or politically. Some fear it on all sides, and some do not fear it at all. Religious freedom today has been suppressed on the fear of a religiously powerful government growing from the raising of monuments by private citizens, students and localities. American history does have its times of religiously motivated political extremism, from preachers defending slavery to civil rights suppression and the President saying God wants the nation under a united culture of Christianity. We should not ignore the dangers of a religious-driven politic. Yet, we can't simply throw out the baby with the bathwater, or in this instance, the faith with the demagogue.

As written by the Founders, government has no place in the religious square. Government should not regulate religion nor should it invite religion to create policy or give it undue control of anything. Government should not pick one religion over another; or a group of religions over another group. No public building should have religious imagery without a historical or secular purpose, as the Warren Court ruled. Basically, government can't play favorites with the public's faith. However, the government shouldn't be playing policeman with people's feelings and (mis)perceptions either. Private events approved by public schools, private monuments on public land approved by a city or state should not be torn down over the objections of overzealous secularists under the pretense of a person's perception (most of all theirs). Isn’t it possible to simply regulate HOW MANY private memorials can go up in any section of land - not WHAT KIND of private memorials go up? Hell, just for safety's sake, put a sign saying “The government is not responsible for the views of the displays in this park,” or something along those lines just so everyone knows that the government isn't about to toss gays in jail or atheists into churches. It's simpler and more free to secularize the government, but leave the public square to the plurality of faiths that have built and kept America moral since its birth.

One's ability to display their political views and religious faith in the public square is the core reason of the First Amendment. To toss away half of a guaranteed freedom for bleeding hearts, hand wringers and angry bigots proves that we're cowards, not enlightened.

[1] http://k12subjectguides.suite101.com/article.cfm/understanding_the_history_of_the_first_amendment

Thursday, August 27, 2009

Fascism and the American Political Spectrum

In recent history, this ugly monster of a word reared its head with the announcement that National Review editor-at-large Jonah Goldberg would be writing a book on the Left's connections with fascism. Even before the provocatively titled Liberal Fascism came out, detractors from all sides call it a farce, a giant lie and a stain on the memory of those killed fighting the Nazis. After the book came out, countless reviewers barely read it, since they knew it was wrong, and tossed off non-sequiturs and half-truths to defeat an argument hundreds of pages and footnotes in length. Few reviewers actually took the book to task for mistakes or logical missteps both perceived and real. The monster was awakened. Even more recently, though, has been the use of the monster against President Obama by the more populist, more polemic of the right (and some of the far left). The monster now stomps through message boards, Twitter, Facebook groups and probably thousands of heated political debates. The monster, my good people, is the placement of fascism in the political spectrum.

Liberal-Conservative: Europe and America

To explain where Fascism goes, its relation to its position and its relation to the ideologies around it, we must start with what the political spectrum is. The basic left-right political spectrum began during the French Revolution with the seating of legislators in the French parliament. Those dedicated to republicanism and anti-monarchism sat to the left of the King while those supporting the old regime and the old order sat to the right. This easy way identification of liberals (which meant individual, individualist, etc back then) and conservative (which meant monarchists, authoritarians, reactionaries at the time) soon became the mainstream political spectrum in the Western world.

In Europe, conservatism was and still is connected to the monarchies. Many European countries still have kings and queens, though they are mostly figureheads. During the late 1700s and the 1800s, conservatism were the monarchist reactionaries in Spain, the Burbons in France, the Empire Loyalists that fled America during the Revolution. In contrast, European liberalism stood for republicanism, individual liberty, checks and balances, smaller state control and, for some, the abolition of the monarchy. The ideas that sparked the American Revolution were, during the time of the Revolution, known as liberal ideas.

For America, that spectrum shifted drastically after the victory over the British. A new order was established based that was far from the absolutist and constitutional monarchies of Europe. This order was based on a small, even flimsy, federal government and strong, individual states. The federal government consisted of an popularly elected House of Representatives and house of senators elected by state legislatures. Unlike many European nations, the executive office and the legislature were purposely split and isolated from each other to prevent any destructive collusion that may come of a power hungry president. Along with that, a separate but equal branch of judges were created to balance the powers of the president and the Congress. It's job was to interpret the laws passed by the Congress and signed by the president. After the ratification of the Constitution and the creation of the Union, this new order became the established order. The liberals now had to defend the old regime instead of attacking it. The liberals of Europe became the conservatives of America.

The New American Spectrum

Now, saying all Americans became conservatives is wrong, as not all Americans wanted the Union. Many famous Americans, including some of our Founders, were happy with the decentralized confederation that arose after the Treaty of Paris. Patrick Henry and the authors of the Anti-Federalist Papers thought the then proposed Constitution would take away from individual liberty and state sovereignty. And, in a way, they were right, in that some state powers in confederacy were given to the new federal government. The solution between the Anti-Federalist and Federalist beliefs was the Bill of Rights, a list of ten amendments to the Constitution that spelled out the individual rights of Americans and their home states, as well as the areas of these rights the federal government could not tread.

These ideological divisions of our first leaders is where the new American political spectrum began. Like Europe, the liberals were wary of the federal government and felt that the individual's liberty was the most important thing to the nation. The conservatives were the supporters of the federal government and its stronger central powers, but they also supported the Bill of Rights and the federalism that kept states sovereign from the federal government's encroachment.

An example of this is the difference between our second president, John Adams, and his friend, rival and eventual successor, Thomas Jefferson. Adams has always been a supporter of natural rights and individual liberty, but he did not have a high opinion of the people as a self-governing entity. Well read in Roman and Greek history, he knew the implications of letting the mob run the government. Jefferson, on the the other hand, was not a fan of a strong central government and had a romantic vision of the farmer citizen. He had reservations about George Washington's as well as Adams's governance. Most of all, had a deep hatred of Alexander Hamilton's designs for the nation through the Treasury. During his presidency, Jefferson tore down many of the ideas and laws that Washington and Adams had put up in the belief they detracted from individual and state liberty.

Enter Socialism


This division between Constitutional conservatives (called Federalists) and individualist liberals lasted up until the heyday of the Industrial Revolution in America. The Civil War, one of the first Industrial Age wars, had just ended and the country was rebuilding from the bloodshed. European immigrants who had come before, during and after the war had brought with them an idea that become a revolutionary idea in Europe: socialism. An idea that had already co-opted the European liberals, as seen in the revolutionary year of 1848.

The rapid industrialization and urbanization of America had created a new class of working people that did not hold to the anti-government farming citizen nor had the designs on free markets or new roads like the centralizing city dweller. These new workers had little, lived on little and worked for the new industrial bosses. They were the proletariat. They organized into unions, syndicates and various other groups to fight, as a mass, against real or perceived abuses by their employers. The working class grew and grew, and with that growth came the spread of socialism across America. Jefferson's iconic liberal American, the farmer citizen, had been overtaken by the factory worker.

The spread of socialism drastically effected the scope of American politics. The liberalism of the Anti-Federalists shifted further and further right as the revolutionary communists and anarchists stuck at their defense of the old order, the old Constitution and the outdated views on national government. Those who still held to the classical liberal beliefs found themselves standing by the conservatives they used to battle. By the time Franklin Roosevelt was elected in the 1930s, the decades long battle between conservatives, classical liberals and socialists had come to a head. No longer did individual rights and a limited federal government hold the left in American politics. Socialism had taken it and secured it. Liberal now meant “group” and not individual.

This new left-wing, the left of big, paternal government, can said to have been brought to the public by President Woodrow Wilson. Wilson, the first president with a PhD, had the belief that America should become an organic state. People working together for a collective goal set by the smartest of Americans (FDR's “brain trusts”, the countless czars of Obama). This technocratic view was compounded by Wilson's socialistic economic views. Under the name of War Socialism, the Great War gave Wilson room to temporary nationalize most of the economy, with resources being commanded by a War Industries Board, a precursor to the post-WWII military-industrial complex. Wilson also created America's first totalitarian secret police that clamped down on antiwar speech (which wasn't by right-wing isolations, but antiwar socialists), incited the first of the violent Red Scares, militarized American society as well as RE-segregating the federal government. All these things were done by a leftist Democratic president still idolized for his progressive stances. When FDR campaigned, he linked his ideas to Wilson's War Socialism and, when elected, achieved one of the largest peacetime militarizations of a society in American history.

The Left's Right: Fascism

Now that I've gone through the original European spectrum and its changes in the New World due to American independence and the introduction of socialism, it's time to toss in the monster: fascism.

The American left, as well as most of the Western world's left, either do not know of, do not care for or outright lie about its connections to the rise of fascism in Europe and its short appearance in America under Wilson. This is due, most of all, to the genocide committed by the Nazis. No mainstream American ideology wants that on their record. It's also safe to say the peacenik influence of the 1960s on many of the Left have let it forget the violent and destructive pre-Vietnam War era history. But like 1800s America and the abuses against the Indian Nations, the Left should not try to ignore or cover up crimes made in its name by people it holds as heroes.

The rise of European fascism correlates to the fall of European conservatism. With the defeat of the Central Powers and their monarchies, as well as the collapse of Russia and the rise of Russian Communism, the political situation of Central and Eastern Europe became violently chaotic. Communists saw openings and attacked. Germany, Austria and Hungary all had communists attempt coups or even create short lived nations. Even Italy, who was on the winning side of the war, fell into political disarray post-war. The European post-war situation, as compared to the relatively sanguine American post-war situation, looked deeply hopeless.

But, ho!, look to the north! To Switzerland! There be the hero Europe has been waiting for! From the Alps, from his exile, came Italy's new strongman: Il Duce, Benito Mussolini. Mussolini was born and raised as a socialist and a nationalist. For years he wrote and organized for Italian socialist groups. He even began his own paper, which not surprisingly, advocated socialist solutions. But something wasn't right for Mussolini. Socialism's trend was to advocate worldwide worker brotherhood and a worldwide war against the higher economic classes. Mussolini was much too nationalistic to care for a worker in Kursk when the workers in Rome were suffering. Mussolini believed deeply in the greatness of the Italian state and its Roman roots. There was no way he could reconcile the anti-nationalism/terroristic anarchism that turn of the century socialists adhered to and the deep love and ambition he held for his countrymen.

The mistake, or the purposeful misdirection, of calling fascism right wing is that its a half truth. Fascism is in right wing... of the left! From the outside (the far outside), fascism does look like any other reactionary, right-wing European ideology. It's for empire, strongmen leaders, and citizen submission to the state. But, if you look closely, specifically at its social economic beliefs, one will see that despite cracking down on socialists and communists, it was not the opposite of industrial socialism, but its rival.

Fascism's goal was a classless society, like communism, but not through a class war, but class inclusion. Instead of destroying the clergy, the businessmen, the trade unionists; fascism incorporated all the classes under a single class: the national citizen. This is what gives many the idea that fascism was of the right, because of its extreme nationalism. Yet, the extreme nationalism is what puts communists and fascists into struggle, but its not a struggle of conservatives against liberals, but socialists against socialists. They have the exact same goal, but two different ways of doing it. A similar ideological conflict happens between communists and anarchists. Communists want utopia by taking power while anarchists want utopia by destroying power. Same goal, same side, conflicting ways. Conservative social views are based on biblical or natural order, and do not believe in any kind of utoipian classlessness. The Nazis has a much more hierarchal social view within its classlessness, which also lead many to believe in its right-wing origins, but, again, if you look closer, Nazism assailed the traditional German culture and attempted to replace it with a secular religion based on perverted pre-Christian German paganism, another thing conservatives in both Europe and America do not adhere to.

Added to the leftist social goal of fascism, their economics do not follow free market ideology, which American and other Western rightists advocate. Fascists enforce strict regulation on the economy which put industries pretty much under the thumb of government without actual nationalization. This is called corporatism. The economy is “cartel-ed” into different sections which private barons (almost always party members) rule and produce on behalf of the state. Trade unions are incorporated into a national union under fascist control (this aspect is ignored when leftists say fascists clamped down on trade unions). Communists, in contrast, grab for absolute power over the economy. The entire economy is planned (Stalin's Five Year Plan, Mao's steel quota, etc) and products are rationed based on the mantra of “each according to its need”. So, you see, fascism may use the market more than communists, but they hardly take tips from Milton Freidman when conducting economic policy. Like social policy, fascism fights from the left, not the right.

Conclusion: Understanding the Political Spectrum

This article was written in response to some friends asking the difference between communism and fascism and how it relates to the political spectrum. But to truly understand the political spectrum and which ideology goes where, one must realize that the spectrum has never been static. Imagine the original left-right spectrum, with monarchism on the right and republicanism on the left. At the time of its creation, the far left were anti-monarchists with dreams of new Roman-style republics and the far right were supporters of total monarchical control of the state.

Republicanism – Constitutional Monarchy – Absolute Monarchy

The creation of the American democratic republic and its quick rise to power put monarchists to the center right, with republicanism taking the center-left.

Anti-Federalists – Federalists – Constitutional Monarchy – Absolute Monarchy

With the creation of socialism and its anti-monarchism, its advocation of the democratization of the workplace and its atheism, the spectrum once again shifted, with the republicans moving right in defense of the American republic and republican ideals.

Communists – Socialists – Anti-Federalists – Federalists – Constitutional Monarchy – Absolute Monarchy

I could go on and add fascism, direct democracy, Islamism and so on, but you can see how with the creation of more revolutionary, anti-traditional, anti-old regime ideologies, the further right the former left goes until, in the case of American liberals, they are actually called far right in mainstream American politics: the classical liberal and the libertarian.

And that ironic and sad epiphany brings me to my final point. When you look at a nation's political spectrum, you're only looking at a slice of the overall global spectrum. The American far right, libertarians, are far left when compared to Saudi Arabia's absolutism monarchy. American liberalism, the center-left, is considered far right to communist states like Cuba and North Korea. Or to really throw you off, in communist Yugoslavia, where the liberals were socialists who wanted some individual freedom while the conservatives were Tito's Stalinists, the spectrum does not match the words used. Tito, while being considered a conservative communist, was defending the far left while the dissenters were pushing for center-left. The key to this entire long winded mess is to figure out what is the zero-point ideology a country has, and then from there, see who is to the left and to the right.

I know very few people find this interesting, let alone try to make sense of it like I've tried, but ideological accuracy is as important as knowing Magna Carta, the Gettysburg Address and the words to “I”m a Bill on Capitol Hill”. Without accurately defining and placing ideologies on the global political spectrum, we are apt to make massive mistakes with our history, which in turn, as shown by the far left's creeping to the American center, confuses and clouds us from seeing where a person, a group or an idea really belongs. If we forget how extreme some ideas are, we may have to deal with extreme consequences in the future.

Monday, June 22, 2009

Victory for Federalism

CNN
The Supreme Court compromised Monday in a major voting rights case, finding that a powerful enforcement tool in the landmark Voting Rights Act was being applied too broadly.

The Supreme Court avoided the larger constitutional issue in the voting rights case.

However, the decision avoided the larger issue of whether the federal government should continue to have oversight to ensure local areas are free of voter discrimination.

By a unanimous vote, the justices allowed states and local communities more power to challenge the "preclearance" provision of the 1965 law. That provision provides continuing federal control over election practices in 16 states, based on past discrimination against minority voters.

Other states are not covered by the provision even if they, too, might discriminate against minority voters.

"Things have changed in the South. Voter turnout and registration rates now approach parity," Chief Justice John Roberts wrote. "Past success alone, however, is not adequate justification to retain the preclearance requirements.

"The Act imposes current burdens and must be justified by current needs."

The 9-0 vote reflects the consensus the justices reached, putting aside for now the larger, more difficult questions on race and discrimination.

Tuesday, May 12, 2009

On Vice Taxes

It appears that the current Democratic-led Congress can't tax people enough for their vices. The cigarette tax went up to pay for the ex-low income children protection, now middle class handout health program known as SCHIP. Now, it appears that soda will be taxed to raise funds for the government's very unfair entry into the health insurance market. There is quite the uproar over the Feds passing vice taxes, some of which are class warfare (Dems taxing poor people who smoke), some of which are on moral grounds. I have issues with federal vice taxes, though I don't necessarily believe they are inherently bad things.

The idea of federal vice taxes in America go back to its founding. The Whiskey Rebellion of 1797 was over a tax passed by Congress on distilleries. In an early version of corporatism and cartel creation, the tax was designed so that big businesses could take advantage of a flat fee while the smaller businesses had to pay per gallon no matter what. This set off a insurrection in which President Washington used the federal military to subdue a citizen's revolt. It's rumored that when Washington was asked about the immorality of the tax, as some said it was, he responded by saying that the rebels voted in the representatives that passed the tax, and said they had to get over it until they could vote them out, though I am paraphrasing.

While I agree with Washington's rumored words on the way government works, I believe federal vice taxes are both inefficient and a slight, albeit legal slight, against federalism. Vices taxes are a tariff on products or services deemed immoral or outside the realm of individual moderation, and the hope of the tax (so it is said) is to discourage the use of the product or service. While not every vice tax is actually made to prevent action, some are a very simple way to suck more income from the already over-taxed American public, the very idea of taxing something that is socially unacceptable puts the tax itself in the realm of the state or federal powers question.

As a staunch federalist, I believe that any social question that isn't already answered by the constitution (like the ability for blacks to reap the rewards of being American citizens) should be answered by the individual states. Social policy is not part of the responsibilities of the federal government. We've seen quite clearly what exactly the federal government does when it finds a breach in federalism's wall: it invades, Roe v. Wade being the most famous of federal usurpations of a state's power to regulate the social sphere. In my own lovely Utah, the question of alcohol and alcohol consumption are state matters, amongst other things like gay marriage, drug enforcement, morality laws and so forth. I don't necessarily agree with every social law Utah's legislature passes or laws Utahns vote for through propositions, I can always sigh a sigh of relief that the federal government has little say in any of it.

The federal government shouldn't be in the business of regulating the social sphere. The reason we have states in the first place is for self-rule. If our vices are to become an ever increasing interest to the federal government, we really don't have any other refuge to escape the iron fist of Congressional micromanagement.

Saturday, November 8, 2008

Religious Liberty and Gay Marriage

Unsurprisingly, the gay community is throwing a huge fit over the victory of Prop 8 (no mention of Prop 101 and Prop 2, though), and they're taking it out on the only minorities deserving of intolerance: Mormons and Utahns. According to AP, the advocates are calling for a boycott of Utah tourism and for investigations into the tax-exempt status of the Church of Jesus Christ of Latter-Day Saints. From the AP:
Utah's growing tourism industry and the star-studded Sundance Film Festival are being targeted for a boycott by bloggers, gay rights activists and others seeking to punish the Mormon church for its aggressive promotion of California's ban on gay marriage.

It could be a heavy price to pay. Tourism brings in $6 billion a year to Utah, with world-class skiing, a spectacular red rock country and the film festival founded by Robert Redford, among other popular tourist draws.

"At a fundamental level, the Utah Mormons crossed the line on this one," said gay rights activist John Aravosis, an influential blogger in Washington, D.C.

"They just took marriage away from 20,000 couples and made their children bastards," he said. "You don't do that and get away with it."
In their fight to attain the rights they think they have, the gay marriage advocates have forgotten two very important actual rights: freedom of speech and religious liberty.

Enshrined in the First Amendment, frees speech and religious liberty are a cornerstone to the foundation to our republic. Our ancestors fled religious persecution in England and soon after the mother country was at war with itself over religious and political matters. The Founding Fathers saw the stability of allowing people to believe in whatever faith they wished and it has done us well for 230 years. Free speech is inherent in the protection of religious freedoms.

Mormons weren't the only religious group involved with the pro-Prop 8 campaign, but their singling out is an example of what may happen when fanatical advocates get full reign on their causes. The calls for the revocation of the LDS's tax exempt status is based on a very lazy invocation of the separation of church and state. The advocates believe that because the Church encouraged its members to support Prop 8 means that the church violated that wildly cited, but rarely understood principle of our government. The separation of church and state is to prevent the church from becoming the state, as it so often did in medieval and Elizabethan times in Europe. The principle has nothing to do with preventing the faithful from getting in to political campaigns or from churches from encouraging their members to. The Mormons weren't stupid with their call. As far as I know, no church money ever went into Prop 8 coffers; even the leadership refused to donate. Mormon investment into Yes on Prop 8 was by individuals who have every legal right to donate or not to donate. There were even LDS members who were against Prop 8 and made sure the church knew it. If gay marriage advocates in their current form get their way in a court-friendly state, the tax exempt status of churches and the religious freedoms of its members may be in jeopardy.

I'm an atheist, but I am also an American. My views on God (or lack of a god) are irrelevant when it comes to violations of religious liberty and free speech by political zealots. I'd just as soon defend gays against the LDS if the LDS was attempting to silence them through the legal system. What people need to understand is that gay marriage is not a civil rights issues, as there is no civil right being violated as it was during Jim Crow. Marriage is a privilege regulated by the state as the state deems necessary for the public good. It is not having your right to vote blocked by a poll tax, or having cops force you out of a public area because you are black. This issues is an issue for each state to decide on its own and through its voting populace. Anything else would just fan the flames of the gay marriage zealotry and force the traditionalist and religious factions to entrench further.

That's the last thing we need.the last thing we need.

Cross-posted at Conservative Underground

Friday, November 7, 2008

Gay Marriage and Federalism

With gay marriage bans passing in three states (Prop 8 passing in California, Prop 102 in Arizona and Prop 2 in Florida), the issue of gay marriage seems to have taken a new turn. Surprisingly, California voters defied the California Supreme Court and overruled their ruling from earlier this year, even with the Governor supporting the decision. The question this and the other voter-backed propositions bring up is how are we to reconcile a very motivated gay movement with the will of the voters of 41 states? The answer has always been there: federalism.

The US Constitution gives the federal government certain powers and delegates all other powers to the states through the Ninth and Tenth Amendments. For the most part. social issues have been a state matter. Abortion and gay marriage have put major pressure on federalism and its advocates. Roe v Wade forced every state to allow abortion through a very expansive reading of the Equal Protection Clause of the Fourteenth Amendment. This reading has led to other expansive rulings like Kelo (making eminent domain no longer just a public need tool). California's own expansive reading of the Equal Protection Clause was the basis of the California Supreme Court's ruling making gay marriage legal. This precedent may be the basis of any gay marriage case taken to the Supreme Court. Other than the destruction of federalism, a SCOTUS ruling that forces gay marriage nationwide would ignite a new front in the culture war that already has some very nasty battles.

It may not make any gay marriage advocates happy, but federalism is the best way to get what they want. Focusing on more liberal/libertarian states would create havens for gay marriage, just as some states have more conservative/libertarian gun laws than other states. This is the beauty of federalism: a nation united, but as diverse as the Amazon jungle. Some states may have full and equal straight/gay marriage, some states may have separate-but-equal marriage/unions and some states may outright ban gay marriage. That's how it is.

Marriage isn't race. Anyone who equates the civil rights movement of the 50s and 60s to gay marriage is making a false analogy. The oppression in the South during that time was in violation of the 14th Amendment. Marriage, unlike voting, is not a right, it's a privilege regulated and licensed by each state. As such, each state's voters, through their legislature, determine their social structure for which marriage is a part of. If a state wants to protect gay marriage, they need to amend their state's constitution through the legislature, not force it through judges that may forget what their job is.

I'm all for gay marriage. I think gay couples who wish to make the pledge of marriage and build a family should be allowed to, but not at the expense of the foundation of our nation's political structure. It's not worth giving a future president and/or congress unlimited powers through the courts because gays couldn't handle working within the framework that has created the most diverse, most stable nation on Earth.

Cross-posted at Conservative Underground

Tuesday, October 28, 2008

Bush the Liberal

Following up on my post What's Left and What's Right in America I shall demonstrate the liberalness of the much protested leader of all things "conservative" George W. Bush.

Education

A huge federal undertaking, No Child Left Behind was co-sponsored by Senator Ted Kennedy and passed by a vast bipartisan majorities in the House and Senate. Despite its push to increase standards in schools across the US, it also de facto federalized every state's school system by bonding the reforms with further federal funding. It does not violate the Tenth Amendment, per se, but like speed limits and road funding, it doesn't give states much of a choice in an already highly federal-centric relationship. States' rights within our federalist system has been heavily degraded for decades and conservatives, for the most part, are on the side of local and state control. Bush, on the other hand, is happy to set education policy from Washington.

Medicare

Despite small government being a pillar of most branches of conservative thought and the social programs of FDR and LBJ being the most targeted by conservative reformers, Bush has made it a point to increase those programs. The Medicare Prescription Drug, Improvement, and Modernization Act was a huge reform of Medicare. Its purpose was to increase prescription drug benefits for seniors and upcoming seniors (baby boomer generation, which many in Congress are unsurprisingly a part of). Initially set at a price of $400 billion, a sum fiscal conservatives agreed to, it took nary a month for the price to rise a whole 100 billion. Two years later, in 2005, the ten year price tag became $1.2 trillion.

Housing

Much blame has been put on Wall Street for its role in the credit crunch, for which some is rightly deserved, but it was actually government regulation (not deregulation, as liberals and leftists pontificate loudly) in the form of the Community Reinvestment Act. Born of the Carter Administration, it was based on the idea that poor people, most of all poor non-whites, are discriminated against in the mortgage industry and banks must be forced to loan to them. The program was expanded largely under Clinton so that loan standards were pretty much non-existent. Unsurprising, since his push for minority "rights" was part of his compassionate conservatism, Bush's administration took a stab at it too, and helped drive a stake into the heart of capitalism and layman perceptions of it for the next decade. Instead of repealing the bill, Bush and the GOP simply modified it slightly so that smaller banks could more easily meet the "community investment" standards put in the CRA. This was just over two years before the first big collapse of the housing market. Even more astonishingly, Fed Chairman Ben Bernanke pushed for government-aided Fanny Mae and Freddie Mac (pushers of over 50% of the mortgages that went south) for even more participation in the CRA.

Spending

One staple of the fiscal conservative is cutting spending. Bush forgot that. Spending increased over 20% under Bush, and that's the conservative (no pun) estimate. Though the Democrats and liberal complain that if only we brought the troops home we'd have money to fix our country, except that Bush's non-defense discretionary spending sat at 27.9% in 2005. With the economic stimulus package and the bailout, spending is probably through the roof. All this from a "fiscal conservative" for who's name is being used to blame free markets for a government-induced pit of greed that spawned the credit crisis, which is now being overblown for political gain.

As I posted just this morning, ideological lines must be drawn in public and must be adhered to by the intellectual community. We must have honest debating and discussion in this country. You don't call a cat a dog because its politically convenient to call it a dog. If it meows... It if purrs... If it shuns you... Its a damn cat. So call it one.

Related Posts: Elections Make People Stupid, What's Left and What's Right in America