Polarization and De Facto Partition

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I started this post on the day before election day.

Don’t you have the feeling that Election 2016 will result in greater political polarization, not less? I do.

For one thing, both Clinton and Trump are polarizing figures. It seems unlikely that either of them will do things (or try to do things) that will gain the approval of their political opponents.

For another thing, whatever is done by the president, by Congress, or by the Supreme Court in the next four years will simply fuel the outrage of those who oppose it. When government steers to the left, it usually isn’t far enough to the left to satisfy the growing and vocal band of leftists in America, but it always outrages the right. When government steers to the right, it always enrages the left, but it’s never far enough to the right to restore liberty, thus disappointing and further alienating the right.

The underlying trend toward bigger and more intrusive government is especially frustrating for those of us on the right. It seems that no matter which party controls the White House and Congress, the bureaucracy continues to churn out regulations and the Supreme Court (usually) issues edicts that undermine traditional morality and endorse the central government’s interfering ways.

Political polarization is aided and abetted by geographic sorting, and geographic sorting must aid and abet political polarization. Consider how far geographic sorting has come since 1992:

As of 2012, the divide was pretty wide. Half of all voters were living in a county that President Obama or Mitt Romney, the Republican nominee that year, won in a landslide, which is defined here as a county won by 20 percentage points or more.

The proportion of voters living in landslide counties has steadily increased since 1992, a trend that reflects the growing tendency of like-minded people to live near one another, according to Bill Bishop, a co-author of “The Big Sort,” a 2008 book that identified this phenomenon.

Americans have been self-segregating by lifestyle, though not necessarily politics, for several decades, Mr. Bishop said, but lifestyle has grown to reflect politics. “We’re sorting by the way we live, think and — it turns out — every four years or every two years, how we vote.”

Some political scientists expect the landslide trend to continue in the 2016 presidential election. “If anything, I think we’ll see it intensify because Trump has been doing very well among the kinds of voters who tend to live in rural and small-town America,” said Alan Abramowitz, a political science professor at Emory University in Atlanta. [Gregor Aisch, Adam Pearce, and Karen Yourish, “How Large Is the Divide between Red and Blue America?The New York Times, November 4, 2016]

Perhaps the most compelling statistic of the many statistics presented in the article is that the percentage of voters living in landslide counties rose from 37 percent in 1992 to 50 percent in 2012. The United States truly has become a nation divided.

Something has to give. But what, and how? I addressed those questions in “Independence Day 2016: The Way Ahead,” and concluded that

unless there is a negotiated partition of the country — perhaps in response to a serious secession movement — a coup is probably the only hope for the restoration of liberty under a government that is true to the Constitution.

The alternative is a continuation of America’s descent into despotism, which — as many Americans already know — is no longer the “soft” despotism foreseen by Tocqueville.

I’ve mentioned the possibility of a coup in several posts, but always with skepticism. I remain skeptical. Given the increasing polarization of the country — political and geographic — something like a negotiated partition seems like the only way to make the left and the right happier.

And then it occurred to me that a kind of partition could be achieved by constitutional means; that is, by revising the Constitution to return to its original plan of true federalism. The central government would, once again, be responsible for the defense of liberty and free trade. Each State would, within the framework of liberty, make its own decisions about the extent to which it intervenes in the economic and social affairs of its citizens.

How might that come to pass?

There are today in this land millions — probably tens of millions — of depressed leftists who foresee at least four years of GOP rule dedicated to the diminution of the regulatory-welfare state.

Obamacare is almost certainly dead. It has been dying of its congenital defects, but I expect Trump and the GOP-controlled Congress to put a stake through its heart.

Trump’s nominee to fill the current vacancy on the Supreme Court probably will be someone closer in judicial philosophy to Antonin Scalia than to Anthony Kennedy. (If it isn’t, Trump may well find himself embarrassed by the GOP-controlled Senate’s rejection of his nominee.) As other vacancies arise during the next few years — and there’s likely to be at least one — they’ll probably be filled by constitutional conservatives. (The GOP-controlled Senate can and should change its rules about Supreme Court nominations to keep Democrats from filibustering Trump’s nominees.) Trump’s one or two nominees will move the Court back to the right, and probably will serve for decades. At any rate, that’s what conservatives hope and leftists fear.

What else? Here’s what I expect (or at least hope for): The end of preaching about race, having “conversations” about it, pretending that it isn’t implicated in violent crime, and turning a blind eye toward violence committed in the name of “racial justice.” The end of uncontrolled (and encouraged) illegal immigration. Reaffirmation of America’s long-standing ties with Israel, the Middle East’s bastion of democracy Western values. Repudiation of the phony deal with Iran. An end to pussy-footing around the relationship between Islam and terrorism. The reversal of anti-growth and anti-business executive orders and regulations (e.g., the EPA’s war on coal) issued in the name of “social justice” and “climate change.” The repeal of Dodd-Frank and its onerous micro-management of the financial industry. The end of efforts to undermine the Second Amendment. The end of the Department of Justice’s meddling in State and local matters to advance a leftist agenda in the name of “civil rights.” An end to similar meddling (and related funding) by the Department of Education — perhaps even an end to the Department of Education. And, generally, a much more hands-off attitude on the part of the federal bureaucracy when it comes to matters beyond the constitutional purview of the central government (which is most matters now consuming the attention of the federal bureaucracy).

I could go on and on, but you get the idea of what conservative expect (or hope for) and leftists fear. And therein is the source of political pressure that could bring about something like a partition of the United States.

The shoe is now on the other foot. A lot of leftists will want out (see this for example), just as Northern abolitionists wanted separation from the South in the 1830s and 1840s. Let’s give them a way out while the giving is good, that is, while the GOP controls the federal government. The way out for the left is also the way out for conservatives.

Congress, namely, its Republican majorities, can all an Article V convention of the States:

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress….

Note that the requirement for a two-thirds majority pertains only to amendments proposed by Congress. As for applications by the States, there seem to be enough unexpired and unrescinded applications on hand. And if there aren’t, they probably can be arranged in short order.

The convention would be controlled by Republicans, who control a majority of State legislatures. The Republican majority should make it clear from the outset that the sole purpose of the convention is to devolve power to the States. For example, if a State government wants to establish its own version of Social Security to supplement what remains of it after future benefits have been scaled back to match projected future revenues, that State government wouldn’t be prevented from doing so. And it could design that program — and any others — as it wishes, free from interference on by the central government.

To accomplish that devolution, the Convention of the States would consider and approve, for ratification by three-fourths of the States, a revised Constitution. A complete revision, rather than a series of amendments, would be easier for the citizens of the various States to understand and respond to as they voice their views to State legislators or convention delegates.

At this point, I refer you to the page that I’ve created, called “A Constitution for the 21st Century.” It cures the main problem with the present Constitution of the United States, which is not its actual meaning but the fact that inappropriate meanings have been imputed to it because it is too often vague and ambiguous, and because Congresses, presidents, and Supreme Courts have been unfaithful to it for several generations.

The new Constitution is not only far more specific than the present Constitution — and more restrictive of the powers of the central government — but it also includes more checks on those powers. For example, there are these provisions in Article V:

Congress may, by a majority of three-fifths of the members of each House present, when there is a quorum consisting of three-fourths of the number of persons then holding office in each House…provide for the collection of revenues in order to pay the debts and expenses of the government of the United States [emphasis added]….

A judgment of any court of the government of the United States may be revised or revoked by an act of Congress, provided that such any revision or revocation is approved by two-thirds of the members of each house and leads to a result that conforms to this Constitution.

Then there are Articles VII and VIII, Keeper of the Constitution and Conventions of the States, which begin as follows:

The responsibility for ensuring that the legislative, executive, and judicial branches adhere to this Constitution in the exercise of their respective powers shall be vested in a Keeper of the Constitution. The Keeper may review acts of Congress, the executive branch, and judicial branch that have the effect of making law and appropriating monies….

Delegations of the States shall convene every four years for the purpose of considering revisions to and revocations of acts of the government established by this Constitution. Such conventions (hereinafter “Convention [or Conventions] of the States”) may revise and/or revoke any act or acts and/or any holding or holdings, in the sole discretion of a majority of State delegations present and voting.

On top of that, there is Article IX, which authorizes petitions and subsequent elections for the revocation of a broad range of governmental acts and the expulsion of members of Congress, the President, Vice President and justices of the Supreme Court. Also, a constitutional convention may be called pursuant to a successful petition.

To the extent that Articles VII, VIII, and IX would inhibit presidential and congressional ventures into unconstitutional territory, so much the better.

This new Constitution also provides for secession, the threat of which might further help to preserve its original meaning.

The job of selling the new Constitution would be a tough one, but the key selling point should be the preservation of choice. Individual States could be as socialistic or laissez-faire as their citizens allow, and the wide range of governing styles would afford ample choice for Americans. It would become much easier for every American to live in a politically congenial place.

Related posts:
Well-Founded Pessimism
The View from Here
“We the People” and Big Government
The Culture War
O Tempora O Mores!
A Home of One’s Own
Democracy, Human Nature, and the Future of America
Surrender? Hell No!
1963: The Year Zero
Society
How Democracy Works
“Cheerful” Thoughts
How Government Subverts Social Norms
Turning Points
The Twilight’s Last Gleaming?

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Not-So-Random Thoughts (XVII)

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Links to the other posts in this occasional series may be found at “Favorite Posts,” just below the list of topics.

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Victor Davis Hanson offers “The More Things Change, the More They Actually Don’t.” It echoes what I say in “The Fallacy of Human Progress.” Hanson opens with this:

In today’s technically sophisticated and globally connected world, we assume life has been completely reinvented. In truth, it has not changed all that much.
And he proceeds to illustrate his point (and mine).

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Dr. James Thompson, and English psychologist, often blogs about intelligence. Here are some links from last year that I’ve been hoarding:

Intelligence: All That Matters” (a review of a book by Stuart Ritchie)

GCSE Genes” (commentary about research showing the strong relationship between genes and academic achievement)

GWAS Hits and Country IQ” (commentary about preliminary research into the alleles related to intelligence)

Also, from the International Journal of Epidemiology, comes “The Association between Intelligence and Lifespan Is Mostly Genetic.”

All of this is by way of reminding you of my many posts about intelligence, which are sprinkled throughout this list and this one.

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How bad is it? This bad:

Thomas Lifson, “Mark Levin’s Plunder and Deceit

Arthur Milikh, “Alexis de Tocqueville Predicted the Tyranny of the Majority in Our Modern World

Steve McCann, “Obama and Neo-fascist America

Related reading: “Fascism, Pots, and Kettles,” by me, of course.

Adam Freedman’s book, A Less than Perfect Union: The Case for States’ Rights. States’ rights can be perfected by secession, and I make the legal case for it in “A Resolution of Secession.”

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In a different vein, there’s Francis Menton’s series about anthropogenic global warming. The latest installment is “The Greatest Scientific Fraud of All Time — Part VIII.” For my take on the subject, start with “AGW in Austin?” and check out the readings and posts listed at the bottom.

A Resolution of Secession

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In Convention, __________ 20__.

The Declaration of the people of the State of _______________.

It has become necessary for the people of _______________ to dissolve the political bands which have connected them with the United States of America, and to assume the separate and equal status of an independent nation. A decent respect for the opinions of mankind requires that the people of _______________ should declare the causes which impel them to the separation, and explain its legality.

The Constitution is a contract — a compact in the language of the Framers. The parties to the compact are not only the States but also the central government.

It was  by the grace of nine States that the Constitution became effective in 1789. Those nine States voluntarily created the central government and, at the same time, voluntarily ceded to it certain specified and limited powers. The States and their people were given to understand that, in return for the powers granted it, the central government would exercise those powers for the benefit of the States and their people. Every State subsequently admitted to the union has ascribed to the Constitution with the same understanding as the nine States whose ratification effected it.

Lest there be any question about the status of the Constitution as a compact, we turn to James Madison, who is often called the Father of the Constitution. Madison, in a letter to Daniel Webster dated March 15, 1833, addresses

the question whether the Constitution of the U.S. was formed by the people or by the States, now under a theoretic discussion by animated partizans.

Madison continues:

It is fortunate when disputed theories, can be decided by undisputed facts. And here the undisputed fact is, that the Constitution was made by the people, but as imbodied into the several states, who were parties to it and therefore made by the States in their highest authoritative capacity.

Moving closer in time to the ratification of the Constitution, this is from Madison’s report on the Virginia Resolutions of 1798, a report that was adopted by the General Assembly of Virginia in 1800:

The third resolution is in the words following:–

“That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact to which the states are parties, as limited by the plain sense and intention of the instrument constituting that compact–as no further valid than they are authorized by the grants enumerated in that compact; and that, in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto have the right, and are in duty bound, to interpose, for arresting the progress of the evil and for maintaining, within their respective limits, the authorities, rights, and liberties, appertaining to them.”…

The resolution declares, first, that “it views the powers of the federal government as resulting from the compact to which the states are parties;” in other words, that the federal powers are derived from the Constitution; and that the Constitution is a compact to which the states are parties….

The other position involved in this branch of the resolution, namely, “that the states are parties to the Constitution,” or compact, is, in the judgment of the committee, equally free from objection…. [I]n that sense the Constitution was submitted to the “states;” in that sense the “states” ratified it; and in that sense of the term “states,” they are consequently parties to the compact from which the powers of the federal government result. . . .

. . . The Constitution of the United States was formed by the sanction of the states, given by each in its sovereign capacity.

Finally, in The Federalist No. 39, which informed the debates in the various States about ratification,  Madison says that

the Constitution is to be founded on the assent and ratification of the people of America, given by deputies elected for the special purpose; but, on the other, that this assent and ratification is to be given by the people, not as individuals composing one entire nation, but as composing the distinct and independent States to which they respectively belong. It is to be the assent and ratification of the several States, derived from the supreme authority in each State, the authority of the people themselves. . . .

That it will be a federal and not a national act, as these terms are understood by the objectors; the act of the people, as forming so many independent States, not as forming one aggregate nation, is obvious from this single consideration, that it is to result neither from the decision of a majority of the people of the Union, nor from that of a majority of the States. It must result from the unanimous assent of the several States that are parties to it, differing no otherwise from their ordinary assent than in its being expressed, not by the legislative authority, but by that of the people themselves. Were the people regarded in this transaction as forming one nation, the will of the majority of the whole people of the United States would bind the minority, in the same manner as the majority in each State must bind the minority; and the will of the majority must be determined either by a comparison of the individual votes, or by considering the will of the majority of the States as evidence of the will of a majority of the people of the United States. Neither of these rules have been adopted. Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act.

Madison leaves no doubt about the continued sovereignty of each State and its people. The remaining question is this: On what grounds, if any, may a State withdraw from the compact into which it entered voluntarily?

There is a judicial myth — articulated by a majority of the United States Supreme Court in Texas v. White (1869) — that States may not withdraw from the compact because the union of States is perpetual:

The Union of the States never was a purely artificial and arbitrary relation. It began among the Colonies, and grew out of common origin, mutual sympathies, kindred principles, similar interests, and geographical relations. It was confirmed and strengthened by the necessities of war, and received definite form and character and sanction from the Articles of Confederation. By these, the Union was solemnly declared to “be perpetual.” And when these Articles were found to be inadequate to the exigencies of the country, the Constitution was ordained “to form a more perfect Union.” It is difficult to convey the idea of indissoluble unity more clearly than by these words. What can be indissoluble if a perpetual Union, made more perfect, is not?

The Court’s reasoning is born of mysticism, not legality. Similar reasoning might have been used — and was used — to assert that the Colonies were inseparable from Great Britain. And yet, some of the people of the Colonies put an end to the union of the Colonies and Great Britain, on the moral principle that the Colonies were not obliged to remain in an abusive relationship. That moral principle is all the more compelling in the case of the union known as the United States, which — mysticism aside — is nothing more than the creature of the States, as authorized by the people thereof.

In fact, the Constitution supplanted the Articles of Confederation and Perpetual Union, by the will of only nine of the thirteen States. Madison says this in The Federalist No. 43 regarding that event:

On what principle the Confederation, which stands in the solemn form of a compact among the States, can be superseded without the unanimous consent of the parties to it? . . .

The . . . question is answered at once by recurring to the absolute necessity of the case; to the great principle of self-preservation; to the transcendent law of nature and of nature’s God, which declares that the safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed.

Moreover, in a letter to Alexander Rives dated January 1, 1833, Madison says that

[a] rightful secession requires the consent of the others [other States], or an abuse of the compact, absolving the seceding party from the obligations imposed by it.

An abuse of the compact most assuredly necessitates withdrawal from it, on the principle of the preservation of liberty, especially if that abuse has been persistent and shows no signs of abating. The abuse, in this instance, has been and is being committed by the central government.

The central government is both a creature of the Constitution and a de facto party to it, as co-sovereign with the States and supreme in its realm of enumerated and limited powers. One of those powers enables the Supreme Court of the United States to decide “cases and controversies” arising under the Constitution, which alone makes the central government a responsible party. More generally, the high officials of the central government acknowledge the central government’s role as a party to the compact — and the limited powers vested in them — when they take oaths of office requiring them to uphold the Constitution.

Many of those high officials have nevertheless have committed myriad abuses of the central government’s enumerated and limited powers. The abuses are far too numerous to list in their entirety. The following examples amply justify the withdrawal of the State of _______________ from the compact:

A decennial census is authorized in Article I, Section 2, for the purpose of enumerating the population of each State in order to apportion the membership of the House of Representatives among the States, and for none of the many intrusive purposes since sought by the Executive Branch and authorized by Congress.

Article I, Section 1, vests all legislative powers in the Congress, but Congress has authorized and allowed agencies of the Executive Branch to legislate, in the guise of regulation, on a broad and seemingly limitless range of matters affecting the liberty and property of Americans. Further, in violation of Article III, which vests the judicial power in the Judicial Branch, Congress has authorized and allowed agencies of the Executive Branch to adjudicate matters about which they have legislated, thus creating conflicts of interest that have systematically deprived millions of Americans of due process of law.

Article I, Section 8, enumerates the specific powers of Congress, which do not include many things that Congress has authorized with the cooperation and acquiescence of the other branches; for example, establishing and operating national welfare and health-care programs; intervening in the education of American’s children in practically every village, town, and city in the land; intrusively regulating not only interstate commerce but also intrastate commerce, the minutiae of manufacturing, and private, non-commercial transactions having only a faint bearing, if any, on interstate commerce; making and guaranteeing loans, including loans by quasi-governmental institutions and other third parties; acquisition of the stock and debt of business enterprises; establishment of a central bank with the power to do more than issue money; requiring the States and their political subdivisions to adopt uniform laws on matters that lie outside the enumerated powers of Congress and beyond the previously agreed powers of the States and their subdivisions; and coercing the States and the political subdivisions in the operation of illegitimate national programs by providing and threatening to withhold so-called federal money, which is in fact taxpayers’ money. The view that the “general welfare” and/or “necessary and proper” clauses of Article I, Section 8, authorize such activities was refuted definitively in advance of the ratification of the Constitution by James Madison in The Federalist No. 41, wherein the leading proponents of the Constitution stated their understanding of the Constitution’s meaning when they made the case for its ratification.

One of the provisions of Article I, Section 10, prohibits interference by the States in private contracts; moreover, the Constitution nowhere authorizes the central government to interfere in private contracts. Yet, directly and through the States, the central government has allowed, encouraged, and required interference in private contracts pertaining to employment, property, and financial transactions.

Contrary to the express words of Article II, which vests executive power in the President, Congress has vested executive power in agencies that are not under the control and supervision of the President.

The Supreme Court, in various holdings, has curtailed the President’s ability, as commander-in-chief, to defend Americans and their interests by circumscribing his discretionary authority in matters concerning the capture, detention, interrogation, and appropriate imposition of military punishment for offenses against the law of war, of enemy prisoners captured in the course of ongoing hostilities pursuant to a congressional declaration of war or authorization for use of military force.

Amendment I of the Constitution provides that “Congress shall make no law . . . abridging the freedom of speech.” But Congress has nevertheless abridged the freedom of political speech by passing bills that have been signed into law by Presidents of the United States and, in the main, upheld by the Supreme Court of the United States.

Amendment IX of the Constitution provides that its “enumeration . . . of certain rights, shall not be construed to deny or disparage others retained by the people.” But Congress, in concert with various Presidents and Supreme Court majorities, has enacted laws that circumscribe such time-honored rights as freedom of association, freedom of contract, and property rights. That such laws were enacted for the noble purpose of ending some outward manifestations of discrimination does not exempt them from the purview of Amendment IX. As Amendment XIII attests, freedom is for all Americans, not just those who happen to be in favor at the moment.

As outlined above, the central government has routinely and massively violated Amendment X, which states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

We, therefore, the representatives of the people of _______________ do solemnly publish and declare that this State ought to be free and independent; that it is absolved from all allegiance to the government of the United States; that all political connection between it and government of the United States is and ought to be totally dissolved; and that as a free and independent State it has full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor.

[Signatures of the people’s representatives]

Independence Day 2016: The Way Ahead

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Prudence…will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations…reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.… [A]nd such is now the necessity which constrains them to alter their former Systems of Government. The history…is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.

Declaration of Independence
(In Congress. July 4, 1776. The unanimous Declaration
of the thirteen united States of America)

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It is fitting, in this summer of discontent, to be faced with a choice between the spiritual descendants of P.T. Barnum and Lady Macbeth. Washington, Jefferson, and Madison are spinning in their graves, at high velocity.

The candidacies of Trump and Clinton are symptoms of the looming demise of liberty in the United States. There hasn’t been a candidate since Ronald Reagan who actually understood and believed that Americans would be freer and therefore more prosperous if the central government were contained within the four corners of the Constitution. (And even Reagan had a soft spot in his heart for Social Security.) Nevertheless, it is appalling but unsurprising that liberty’s end is in sight just 27 years after Reagan left office.

What went wrong? And how did it go wrong so quickly? Think back to 1928, when Americans were more prosperous than ever and the GOP had swept to its third consecutive lopsided victory in a presidential race. All it took to snatch disaster from the jaws of delirium was a stock-market crash in 1929 (fueled by the Fed) that turned into a recession that turned into a depression (also because of the Fed). The depression became the Great Depression, and it lasted until the eve of World War II, because of the activist policies of Herbert Hoover and Franklin Roosevelt, which suppressed recovery instead of encouraging it. There was even a recession (1937-38) within the depression, and the national unemployment rate was still 15 percent in 1940. It took the biggest war effort in the history of the United States to bring the unemployment rate back to its pre-depression level.

From that relatively brief but deeply dismal era sprang a new religion: faith in the central government to bring peace and prosperity to the land. Most Americans of the era — like most human beings of every era — did not and could not see that government is the problem, not the solution. Victory in World War II, which required central planning and a commandeered economy, helped to expunge the bitter taste of the Great Depression. And coming as it did on the heels of the Great Depression, reinforced the desperate belief — shared by too many Americans — that salvation is to be found in big government.

The beneficial workings of the invisible hand of competitive cooperation are just too subtle for most people to grasp. The promise of a quick fix by confident-sounding politicians is too alluring. FDR became a savior-figure because he talked a good game and was an inspiring war leader, though he succumbed to pro-Soviet advice.

With war’s end, the one-worlders and social engineers swooped on a people still jittery about the Great Depression and fearful of foreign totalitarianism. (The native-born variety was widely accepted because of FDR’s mythic status.) Schools and universities became training grounds for the acolytes of socialism and amoral internationalism.

Warren Henry is right when he says that

progressivism is…broadly accepted by the American public, inculcated through generations of progressive dominance of education and the media (whether that media is journalism or entertainment). Certainly Democrats embrace it. Now the political success of Donald J. Trump has opened the eyes of the Right to the fact that Republicans largely accept it….

Republicans have occasionally succeeded in slowing the rate at which America has become more progressive. President Reagan was able to cut income tax rates and increase defense spending, but accepted tax increases to kick the can on entitlements and could not convince a Democratic Congress to reduce spending generally. Subsequent administrations generally have been worse. A Republican Congress pressured Bill Clinton into keeping his promise on welfare reform after two vetoes. He did so during a period when the end of the Cold War and the revenues from the tech bubble allowed Washington to balance budgets on the Pentagon’s back. Unsurprisingly, welfare reform has eroded in the ensuing decades.

Accordingly, the big picture remains largely unchanged. Entitlements are not reformed, let alone privatized. To the contrary, Medicare was expanded during a GOP administration, if less so than it would have been under a Democratic regime…. Programs are almost never eliminated, let alone departments.

The Right also loses most cultural battles, excepting abortion and gun rights. Notably, the inroads on abortion may be due as much to the invention and deployment of the sonogram as the steadfastness of the pro-life movement. Otherwise, political and cultural progressivism has been successful in their march through the institutions, including education, religion, and the family.

Curricula increasingly conform to the progressive fashions of the moment, producing generations of precious snowflakes unequipped even to engage in the critical thinking public schools claim to prioritize over an understanding of the ages of wisdom that made us a free and prosperous people. Church membership and attendance continues their long-term decline. A country that seriously debated school prayer 30 years ago now debates whether Christians must be forced to serve same-sex weddings.

Marriage rates continue their long-term decline. Divorce rates have declined from the highs reached during the generation following the sexual revolution, but has generally increased over the course of the century during which progressivism has taken hold (despite the declining marriage rate). Those advocating reform of the nation’s various no-fault divorce laws are few and generally considered fringe.

There’s more, but disregard Henry’s reification of America when he should write “most Americans”:

Meanwhile, America has voted for decade after decade of tax-and-spend, borrow-and-spend, or some hybrid of the two. If the white working class is now discontented with the government’s failure to redress their grievances, this is in no small part due to the ingrained American expectation that government will do so, based on the observation that government typically hungers to increase government dependency (not that the white working class would use these terms).…

In sum, while it is correct to note that elites are not doing their jobs well, it is more difficult to conclude that elites have not been responding to the political demands of the American public as much as they have driven them.…

The presidential nominees our two major parties have chosen are largely viewed as awful. But Hillary Clinton and Donald Trump offer two slightly different versions of the same delusion: that progressivism works, if only the elites were not so stupid. This delusion is what most Americans currently want to believe.

Sad but disastrously true. Dependency on government has become deeply ingrained in the psyche of most Americans. As Timothy Taylor points out,

[g]overnment in the United States, especially at the federal level, has become more about transfer payments and less about provision of goods and services.…

[There has been an] overall upward rise [of transfer payments] in the last half-century from 5% of GDP back in the 1960s to about 15% of GDP in the last few years….

The political economy of such a shift is simple enough: programs that send money to lots of people tend to be popular. But I would hypothesize that this ongoing shift not only reflects voter preferences, but also affect how Americans tend to perceive the main purposes of the federal government. Many Americans have become more inclined to think of federal budget policy not in terms of goods or services or investments that it might perform, but in terms of programs that send out checks.

What lies ahead? Not everyone is addicted to government. There are millions of Americans who want less of it — a lot less — rather than more of it. Here, with some revisions and an addition, are options I spelled out three years ago:

1. Business as usual — This will lead to more and more government control of our lives and livelihoods, that is, to less and less freedom and prosperity (except for our technocratic masters, of course).

2. Rear-guard action — This option is exemplified by the refusal of some States to expand Medicaid and to establish insurance exchanges under the Affordable Care Act. This bit of foot-dragging doesn’t cure the underlying problem, which is accretion of illegitimate power by the central government. Further, it can be undone by fickle voters and fickle legislatures, as they succumb to the siren-call of “free” federal funds.

3. Geographic sorting — The tendency of “Blue” States to become “bluer” and “Red” States to become “redder” suggests that Americans are sorting themselves along ideological lines. As with rear-guard action, however, this tendency — natural and laudable as it is — doesn’t cure the underlying problem: the accretion of illegitimate power by the central government. Lives and livelihoods in every State, “Red” as well as “Blue,” are controlled by the edicts of the legislative, executive, and judicial branches of the central government. There is little room for State and local discretion. Moreover, much of the population shift toward “Red” must be understood as opportunistic (e.g., warmer climates, right-to-work laws) and not as an endorsement of “Red” politics.

4. Civil disobedience — Certainly called for, but see options 5, 6, and 7.

5. Underground society and economy — Think EPA-DOL-FBI-IRS-NSA, etc., etc., and then dismiss this as a serious option for most Americans.

6. The Benedict Option, about which Bruce Frohnen writes:

[Rod] Dreher has been writing a good deal, of late, about what he calls the Benedict Option, by which he means a tactical withdrawal by people of faith from the mainstream culture into religious communities where they will seek to nurture and strengthen the faithful for reemergence and reengagement at a later date….

The problem with this view is that it underestimates the hostility of the new, non-Christian society [e.g., this and this]….

Leaders of this [new, non-Christian] society will not leave Christians alone if we simply surrender the public square to them. And they will deny they are persecuting anyone for simply applying the law to revoke tax exemptions, force the hiring of nonbelievers, and even jail those who fail to abide by laws they consider eminently reasonable, fair, and just.

7. A negotiated partition of the country — An unlikely option (discussed in this post and in some of the posted linked to therein) because, as discussed in option 6, “Blue” will not countenance the loss of control over millions of lives and livelihoods.

8. Secession — This is legal and desirable — as long as the New Republic of free states is truly free — but (a) it is likely to be met with force and therefore (b) unlikely to attract a critical mass of States.

9. Coup — Suggested several years ago by Thomas Sowell:

When I see the worsening degeneracy in our politicians, our media, our educators, and our intelligentsia, I can’t help wondering if the day may yet come when the only thing that can save this country is a military coup.

Glenn Reynolds, who is decidedly anti-coup, writes

that the American Constitution, along with traditional American political culture in general, tends to operate against those characteristics, and to make the American polity more resistant to a coup than most. It is also notable, however, that some changes in the Constitution and in political culture may tend to reduce that resistance….

The civics-book statement of American government is that Congress passes laws that must be signed by the president (or passed over a veto), and that those laws must be upheld by thejudiciary to have effect. In practice, today’s government operates on a much more fluid basis, with administrative agencies issuing regulations that have the force of law – or, all too often, “guidance” that nominally lacks the force of law but that in practice constitutes a command – which are then enforced via agency proceedings.…

[I]t seems likely that to the extent that civilians, law enforcement, and others become used to obeying bureaucratic diktats that lack a clear basis in civics-book-style democratic process, the more likely they are to go along with other diktats emanating from related sources. This tendency to go along with instructions without challenging their pedigree would seem to make a coup more likely to succeed, just as a tendency to question possibly unlawful or unconstitutional requirements would tend to make one less likely to do so. A culture whose basis is “the law is what the bureaucrats say it is, at least unless a court says different,” is in a different place than one whose starting impulse is “it’s a free country.”…

[P]ersistent calls for a government-controlled “Internet kill switch”49 – justified, ostensibly, by the needs of cyberdefense or anti-terrorism – could undercut that advantage [of a decentralized Internet]. If whoever controlled the government could shut down the Internet, or, more insidiously, filter its content to favor the plotters’ message and squelch opposition while presenting at least a superficial appearance of normality, then things might actually be worse than they were in [Fletcher Knebel and Charles Bailey’s Seven Days in May, which imagined an attempted coup by a Curtis LeMay-like general].…

[T]he most significant barrier to a coup d’etat over American history has probably stemmed simply from the fact that such behavior is regarded as un-American. Coups are for banana republics; in America we don’t do that sort of thing. This is an enormously valuable sentiment, so long as the gap between “in America” and “banana republics” is kept sufficiently broad. But it is in this area, alas, that I fear we are in the worst shape. When it comes to ideological resistance to coups d’etat, there are two distinct groups whose opinions matter: The military, and civilians. Both are problematic….

[T]here are some troubling trends in civilian/military relations that suggest that we should be more worried about this subject in the future than we have been in the past…

Among these concerns are:

  • A “societal malaise,” with most Americans thinking that the country was on “the wrong track.”
  • A “deep pessimism about politicians and government after years of broken promises,” leading to an “environment of apathy” among voters that scholars regard as a precursor to a coup.
  • A strong belief in the effectiveness and honor of the military, as contrasted to civilian government.
  • The employment of military forces in non-military missions, from humanitarian aid to drug interdiction to teaching in schools and operating crucial infrastructure.
  • The consolidation of power within the military – with Congressional approval – into a small number of hands….
  • A reduction in the percentage of the officer corps from places outside the major service academies.…
  • A general insulation of the military from civilian life…. “Military bases, complete with schools, churches, stores, child care centers, and recreational areas, became never-to-be-left islands of tranquility removed from the chaotic crime-ridden environment outside the gates…. Thus, a physically isolated and intellectually alienated officer corps was paired with an enlisted force likewise distanced from the society it was supposed to serve [quoting from an essay by Charles J. Dunlap, “The Origins Of The American Military Coup of 2012,” Parameters, Winter, 1992-93, at 2]….

[D]istrust in the civilian government and bureaucracy is very high. A 2016 Associated Press/National Opinion Research Center poll found that more than 6 in 10 Americans have “only slight confidence – or none at all” that the federal government can successfully address the problems facing the nation. And, as the AP noted, this lack of confidence transcends partisan politics: “Perhaps most vexing for the dozen or so candidates vying to succeed President Barack Obama, the poll indicates widespread skepticism about the government’s ability to solve problems, with no significant difference in the outlook between Republicans and Democrats.”

As a troubling companion to this finding, the YouGov poll on military coups…also found a troubling disconnect between confidence in civilian government and confidence in the military: “Some 71% said military officers put the interests of the country ahead of their own interests, while just 12% thought the same about members of Congress.” While such a sharp contrast in views about civilian government and the military is not itself an indicator of a forthcoming coup, it is certainly bad news. Also troubling are polls finding that a minority of voters believes that the United States government enjoys the consent of the governed.63 This degree of disconnection and disaffection, coupled with much higher prestige on the part of the military, bodes ill.

Or well, if you believe that a coup is the only possible salvation from despotism.

Military personnel (careerists, in particular) are disciplined, have direct access to the tools of power, and many of them are trained in clandestine operations. Therefore, a cadre of properly motivated careerists might possess the wherewithal necessary to seize power. But a plot to undertake a coup is easily betrayed. (Among other things, significant numbers of high-ranking officers are shills for the regulatory-welfare state.) And a coup, if successful, might deliver us from a relatively benign despotism into a decidedly malign despotism.

But unless there is a negotiated partition of the country — perhaps in response to a serious secession movement — a coup is probably the only hope for the restoration of liberty under a government that is true to the Constitution.

The alternative is a continuation of America’s descent into despotism, which — as many Americans already know — is no longer the “soft” despotism foreseen by Tocqueville.

*      *      *

Related posts (in addition to those linked to throughout this one):
The Real Constitution and Civil Disobedience
A Declaration of Independence
A Declaration of Civil Disobedience
The States and the Constitution
And many more here

Now for Texit, and More

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Unless the parliament of the so-called United Kingdom double-crosses the majority of English, Welsh, Scottish, and Northern Irish voters who approved Brexit, the UK will officially withdraw from the European Union. That’s good news for those of us who oppose dictatorship by distant bureaucrats.

There’s a parallel movement known as Texit, which is dedicated to the secession of Texas from the union known as the United States. Some backers of Texit believe wrongly that the Treaty of Annexation which made Texas a State has an escape clause. It doesn’t, but secession is nevertheless legal, not only for Texas but for all States.

It is telling — and encouraging — that even Donald Trump, the non-conservative and weak prospective GOP nominee, seems likely (at this date) to win the electoral votes of 20 States. In numbers there is strength. A secession movement would have a greater chance of success if it encompassed several States.

Sign me up.