Despotism

This is Why We Have a Constitution, and Why the Alternative is Tyranny

New York’s Trespass Act of 1783  offered relief for Patriots who had fled New York City during the time of the Revolutionary “by permitting them to recover damages from persons who had occupied or used their premises during the war.” Common law had typically required  ”that actions for trespass must be tried where the property was located, but the act allowed Patriots to sue in any court where the defendant could be found.” It also denied the laws of war by prohibiting the accused of arguing that they had been acting “under orders of the occupying British army, and the act also prohibited the defendants from appealing to a higher court.” (Citations from Forrest McDonald, Novus Ordo Seclorum.)

The New York Trespass Act was but one of many factors that led to the creation of the written United States Constitution. Under the Articles of Confederation government, the states had almost unlimited authority to pass any laws they pleased. The only check on the state governments were the citizens of the several states. Unfortunately, the people themselves were often the impetus behind the enactment of unjust laws.

The Constitution was a reaction to life under the Articles of Confederation. Though conservatives like to point out that the government created under the Constitution is one of limited powers – a fact which is undeniably true – the Constitution actually enhanced the powers of the federal government and was meant, in part, to curb some of the excesses of unlimited state authority.
In truth the Constitution was a perfect balancing act. The Federalists hoped to strengthen the federal government while simultaneously placing significant limits on the powers of said government. They wanted to mitigate the excesses of democratic government in the states while continuing to leave most of the day-to-day governing authority in the hands of local government. The Constitution is a document designed to prevent the outbreak of democratic despotism, but which also aimed at limiting the reach of government. These are not contradictory aims. As much as it may surprise political philosophers such as Piers Morgan to hear, purely democratic governments can become tyrannical – ask Plato and Aristotle about that.
If we understand the genesis of our Constitution then we can better understand why we revere it and strive to live as much as we can by the letter of said Constitution. It’s not because it’s some old, musty document and we just have a blind devotion to old things. There was a wisdom and a theory behind the Constitution that made as much sense in 1787 as it does in 2013.
And now, due to the gun control debate, we have proof of why the Federalists were right, and why we are inching closer to tyranny. Continue reading

The Lure of Authoritarianism

There seems an odd attraction towards Chinese-style authoritarianism among certain more technocratic/elitist segments of the left-leaning political elite. On the one hand we have we have people like Thomas Friedman arguing that Chinese one-party-autocracy is more efficient in passing the sort of regulations (“green” energy and nationalized health care) that he cares most about. On the other, we have Harold Meyerson’s claim that China is doing a better job of providing clean political process and economic recovery than the US, and that if Republicans don’t get in line behind Obama’s agenda the rest of the world will resolve to follow China’s autocratic example rather than American-style democracy.

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Consequences of the Love of Equality

Alexis de Tocqueville, Democracy in America, Volume Two, Part Four, Chapter Six: What Kind of Despotism Democratic Nations Have to Fear:

I see an innumerable crowd of like and equal men who revolve on themselves without repose, procuring the small and vulgar pleasures with which they fill their souls. Each of them, withdrawn and apart, is like a stranger to the destiny of all the others: his children and his particular friends form the whole human species for him; as for dwelling with his fellow citizens, he is beside them, but he does not see them; he touches them and does not feel them; he exists only in himself and for himself alone, and if a family still remains for him, one can at least say that he no longer has a native country.

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