This challenging essay collection examines alternatives to the United States government, which is now a centralized, unitary state with almost unlimited powers over its citizens. Seven essayists are concerned with remedies for the size to which the U.S. has grown in population and territory and the impossibility of the centralized U.S government being truly responsive to its citizens. An eighth explains how economic policies can cause national collapse as well as regeneration.
Donald Livingston, editor and essayist, notes that their question is posed at a time when "Many political, business, and cultural elites are shifting their allegiance away from their nation-states to supranational entities."
Livingston notes, however, that George Kennan, architect of U.S. policy to contain the Soviet Union, argues that the U.S. has become too big for the purposes of self-government. The U.S. now rules more than 305 million people, by imposing one-size-fits-all rules, which result in a "diminished sensitivity of its laws and regulations to the particular needs, traditions, ethnic, cultural, linguistic, and the like of individual localities. "
Size, Kennan says, has encouraged an abstract ideological style of politics that favors universalistic, egalitarian solutions applied across the board to all parts of the population. "Particularly is this true of the United States, with its highly legalistic traditions, its dislike...of any sort of discriminating administration, its love for dividing people into categories, its fondness for regulating their lives in terms of these categories and treating them accordingly, rather than looking at the needs of individuals or of smaller groups and confronting these on the basis of common sense and reasonable discrimination."
Livingston says, "Congress is more interested in the struggle over how to spend $5 trillion in a single year than in tackling politically controversial issues and has turned these over to the federal courts."
Kennan's concern with size is not about reducing U.S. spending, or bureaucracy, but with the territorial division of the U.S. into a number of smaller political societies. He thinks there should be public debate about how the U.S. might downsize a government that has become too large to enable self-government by its citizens. The goal is to achieve ease, flexibility, and intimacy of government. The essays in this book, Livingston notes are a contribution to that discussion.
Kent Masterson Brown's essay explains why secession was and is a legal, constitutional remedy, by states, to protect their citizens' freedoms. He also refutes arguments by those that claim the U.S. was created as an indivisible union.
Thomas DiLorenzo, reviews John C. Calhoun's fear that constitutional provisions that limit U.S. governmental powers were insufficient, because those for whom the protections were provided were given no means to enforce them. Calhoun wrote that the party controlling government shall always oppose any restrictions on its powers. They "would come, in time, to regard these limitations as unnecessary and improper restraints--and endeavor to elude them."
DiLorenzo writes that, at the constitutional convention, Alexander Hamilton proposed a permanent president or king that would appoint all governors and be able to veto all state legislation. Hamilton's suggestions were discarded, but as the new government began to operate, he and others that favored a nation instead of a federal government found ways to pervert the constitution to serve their view. The term "implied powers" was coined by Hamilton and used by centralizers to undermine federalism.
DiLorenzo says, "All the worst tyrants in world history have been enemies of federalism and states' rights and champions of consolidated or centralized state power." He notes that Southerners were the only Americans to seriously challenge the nationalist theory, and recapitulates military and civilian deaths, crimes against civilians, and property destruction caused by Lincolns War, which he says were amongst the greatest war crimes in world history.
Following Lincolns War, "Americans became the servants rather than the masters of their government and have been miseducated about their own political history every since by the state's many court historians." "It is this miseducation...that serves to prop up the centralized, neo-mercantilist empire..."
Marshall DeRosa writes about attempting to revive the U.S. Constitution's 10th amendment, which supports the principle of federalism by providing that powers not granted to the federal government nor prohibited to the States by the Constitution are reserved to the States or the people. He notes that a major block to reviving this amendment is that the U.S. government, mainly the Supreme Court must approve such a request.
He says the motive for stripping the 10th amendment of its original meaning was to legitimize "imperialistic public-policy interests of a nationally based ruling class". He explains how and why the general government created by and for sovereign states became an involuntary association of states dominated by the U.S. government and sanctioned by the U.S. Supreme Court---a court that has left it to Congress to decide limits on its own legislative powers.
DeRosa reviews U.S. economic imperialism and notes similarities between post-war U.S. economic exploitation after Lincolns War, the Spanish-American War, and World War I. He says political rhetoric incapacitated clear thinking about Lincolns War and Lincoln's rhetorical statements have since been essential to ensure Americans are willing to "`make the world safe for democracy' by foreign interventionist excursions." However, he says, Woodrow "Wilson's imperialistic policies, domestic and foreign, would have been improbable without the centralization of power in the chief executive." And Lincoln was the president most responsible for that consolidation of executive power.
He explains Lincoln's actions that ignored constitutional law and how they were made palatable to many by the inclusion of abolition in them. Even so, they served the Republican Party's business interests. In that way, ruling-class interests and abstract justice overwhelmed reasoned opposition.
Lincoln considered the Union to be an aggregate of the American people, in which the numerical majority can bind the minority. Political situations affecting Supreme Court case law and the post-bellum South show the destructive effect Lincoln's view had on the rule of constitutional law. DeRosa cites important examples that undermined the 10th amendment and sees, in Pres. Barack Obama's Patient Protection and Affordable Care Act of 2010 "the latest rendition of uncontrollable centralization" begun by Lincoln.
DeRosa says,"The U.S. Supreme Court facilitated and is a partner in this tyrannical accumulation of powers to the national government." His curative for centralization is enforcement of states' rights, but "the original meaning of states' rights has been replaced with a dominant nationalism by the very nationalistic forces it was designed to thwart." Therefore, states should rely on their own constitutions to enforce the 10th Amendment and accomplish decentralization.
He then quotes Jefferson, "To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy...The Constitution has erected no such single tribunal..."
Donald Livingston's essay states the thesis that limited size is a requirement for republican government and beyond a proper size it becomes dysfunctional. He describes "some of the most important ways the republican tradition has tried to define the proper size and scale of republican politics, how Americans contributed to that effort, and how they eventually abandoned it."
In reviewing political organizations, he notes that republican tradition for more than 2,000 years was that republic's populations should be small: about 200,000 people. He discusses a political organization propounded by Jefferson: the division of states into smaller states and counties into smaller, self-contained governing units. That would have resulted in a large number of Swiss-style federative states. But America did not do that "and in time would collapse into a greater centralization of power that anything eighteenth-century monarchs could have imagined.
He says a republic has plenary powers over individuals and is small, and a federation is a voluntary, symbiotic relationship between sovereign states, a central authority, and is large. That, he says, leaves the question of whether republican-style politics can be in effect in a large state that is not a federation.
Livingston relates David Hume's suggestion, in his essay "Idea for a Perfect Commonwealth" and compares it with the U.S. Congress. Hume's plan would result in one representative for every 900 people, while a U.S. congressman is currently supposed to represent 700,000 people, "which is not even remotely within a republican scale". To reduce representation to 900 people, there must be 5,000 representatives, which "would be impossibly large for a lawmaking body". "(W)e have evidently reached the point where talk of republican government is utterly meaningless."
Livingston cites George Kennan's proposal that the U.S. "downsize through secession and division into a number of federative units on the continent forming a voluntary commonwealth of American federations. He also states his support for a Hume-like plan to abolish the House of Representatives and make state legislatures a joint national legislature.
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