Posts Tagged ‘Locke’s Second Treatise of Government’

An Open Letter to Mitch McConnell

July 12, 2017

Dear Senator McConnell:

Republicans have been saying for many years that a nation that cannot guard its borders is no nation at all.  As a point of geography, this is not really true; there are many national borders today that are not patrolled or even fenced, where a person may wander from one country to another without realizing it, and still those nations thrive.  Why?  Because physical boundaries do not matter nearly as much as the ability to govern and control.  If a nation is able to make and enforce laws within an area, it exists.  I could live in Canada for twenty years, in a shack, thinking I was in the U.S. because the border was unguarded and I can’t read a map, and it would not threaten Canada in the slightest, so long as when I finally broke the law in some way Canadian police were able to arrest me, and Canadian courts were able to judge me according to laws made by and for the people of Canada.

Currently, in the United States, we cannot say with confidence that we are a nation.  Our ability to choose our own leaders is under attack.  Without the ability to choose our own leaders, we cannot make our own laws.  Without our own laws, our courts are reduced to enforcing the laws made by others.  When our own courts cannot enforce our own laws, our police and military are merely security guards protecting someone else’s property, following the directions of the boss who actually makes the rules.  And right now, Russia is striving to be that boss.

We know that the Russian government hacked at least 21 state election boards.  We are told that they didn’t change any votes, but we do not know that since no one has actually investigated this.  To say “we have seen no evidence that any votes were changed” when there has been no serious (or even cursory) investigation by DHS is like the “three wise monkeys” with their eyes and ears and mouths covered, so that they cannot see, here or say anything bad. (Source:  http://www.thedailybeast.com/dhs-never-ran-audit-to-see-if-votes-were-hacked).  It is a farce.  But instead of investigating this very real, proven threat to our national sovereignty, you, the Republican Party, are wasting millions of taxpayer dollars investigating voter fraud, which even you, Sen. McConnell, admit never happened (sources:  http://www.cnn.com/2017/07/03/politics/kris-kobach-letter-voter-fraud-commission-information/index.html and http://www.cnn.com/2016/10/17/opinions/mcconnell-call-out-trumps-rigged-election-comments-douglas/index.html).  You yourself said in February of this year that no tax money should be spent on this snipe hunt; but still, a Federal government commission is demanding that state governments aid in its “investigation,” tying up millions of dollars to pay for an investigation using up the time of public servants who could be better employed preventing Russian hacking of the 2018 and 2020 elections.  The executive branch of this government has repeatedly called the entire Russian hacking investigation a “hoax” and “fake news,” with our President even repeating in Poland that “we don’t know” who was involved in hacking our election.

A nation that cannot guard its own methods of choosing its leaders is no nation at all.  The Russian hacking of our nation’s elections systems is a direct attack on our national sovereignty.  By comparison, everything else—-health care, tax reform, even military spending—is irrelevant.  What difference does it make whether we have the best military in the world, if the leaders who command that military are chosen by a foreign power?  We will simply be mercenaries for the Russians.

The Founding Fathers of this great nation, the authors of our Revolution and of our Constitution, were profoundly influenced by the philosophy of John Locke.  His was one of the first and most effective pens to be raised in defense of government of the people and by the people, at a time when England and most other nations still proclaimed the divine right of kings to absolute power.  When the leaders of the Thirteen Colonies sought to articulate the weight of their oppression and the justice of their cause, they turned to John Locke for guidance.  Here is what John Locke writes in his Second Treatise of Civil Government:

 

The delivery also of the people into the subjection of a foreign power, either by the prince, or by the legislative, is certainly a change of the legislative, and so a dissolution of the government: for the end why people entered into society being to be preserved one entire, free, independent society, to be governed by its own laws; this is lost, whenever they are given up into the power of another. (Second Treatise of Civil Government, Chapter XIX, sect. 217; http://www.constitution.org/jl/2ndtr19.htm)

 

Since the 300 year old English can be a little clumsy to the modern ear, please allow me to rephrase:  When the leader of a nation, whether it be the Executive or the Legislative branch of the government, turns power over to a foreign government, that nation has dissolved, and the citizens are on their own to live as individuals, or to join together, take up arms to defend themselves, and to form a new government more responsive to their will.  That is the threat under which we now live:  the end of the United States of America.  And just as John Locke’s words justified a revolution on the far shores of the Atlantic eighty-six years later, there will be people who will say that they justify another one, should you, Senator McConnell, and your fellow leaders, allow this nation to hand its elections over to a foreign power.

I do not exaggerate when I say the United States faces an existential threat.  Here we are, threatened with the loss of our nation’s ability to control its own affairs in its own borders, while the Executive branch is focused instead on justifying the President’s fantasies of popularity and the Legislative branch is focused on passing legislation which the voters do not want and which don’t matter two whits if we cannot say with confidence that our nation is really ours.  Your behavior is as if the nation’s capital were again being burned to the ground by an invading army, and Congress were busy planning for the coming Cherry Blossom Festival.  What will future generations say, when our children or grandchildren ask how it came about that a mighty nation, at the height of its power, suddenly fell into subjugation and humiliation?  How will you be remembered, who allowed this to happen?

Put aside all this nonsense and distraction.  Health care will wait another year.  Tax reform will wait.  These things may flatter the Republican ego, allowing you to feel like you won over the Democrats; but only a fool fights in a burning house.  Focus your attention on something that will actually get bipartisan support, something that might actually unite our troubled nation, and something that actually matters.  Form a bipartisan, independent commission to discover what the Department of Homeland Security seems so uninterested in:  what the Russians are doing to influence state and national elections, and how to stop them.

Thank you for your time.

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An Open Letter to Senator Rand Paul, Republican/KY

February 18, 2017

Hello Everyone:

I wrote Sen. Paul an e-mail, because his office has stopped picking up their phone for calls from voters and his voicemail box is full, asking him to support the movement within the Senate to investigate Donald Trump’s collusion with Russian spy services to subvert the American election the way Russia has corrupted or sought to corrupt elections throughout the free world.  In exchange, I got a newsletter ignoring my original concerns, and instead praising Sen. Paul’s efforts to weaken environmental protections (enjoy your leaded water!), to “broaden the tax base” by shifting taxes away from the rich and onto the middle class and the poor, and to ram through even the least competent of #Dolt45’s Cabinet appointees without even a tenth of the “extreme vetting” that seems appropriate for a Syrian infant escaping bombing by Russian jets.

I attempted to respond to Sen Paul’s newsletter, but, big surprise, the reply bounced.  It seems he doesn’t want to hear from his constituents in that manner either; he only wants us to shut up and listen.  Rather than let my efforts go totally to waste, I’m posting my reply to him here.

Dear Sen. Rand Paul, and whatever staffer might happen to get this message:

Should Stupid People Be Allowed to Vote? Locke, pt. 3

February 2, 2017

Should Stupid People Be Allowed to Vote? Locke, pt. 3

 

Whensoever therefore the legislative shall transgress this fundamental rule of society; and either by ambition, fear, folly or corruption, endeavour to grasp themselves, or put into the hands of any other, an absolute power over the lives, liberties, and estates of the people; by this breach of trust they forfeit the power the people had put into their hands for quite contrary ends, and it devolves to the people, who have a right to resume their original liberty, and, by the establishment of a new legislative, (such as they shall think fit) provide for their own safety and security, which is the end for which they are in society.

 

—– John Locke

 

 

We can see at least three points where Locke provides us with an answer to the question of whether stupid people should be allowed to vote. The first is the description of the state of Nature, and the common point he shares with the totalitarian Hobbes: equality. The wise and the foolish, the sage and the ignoramus are all essentially equal. For Hobbes, this contention was based on his utter pessimism; believing all people are basically irrational and nasty, he thought the clever no better than the brute. In the war of each against all, the differences between the smart and the stupid matter little; each can kill the other in the right circumstances. Thus each has as much to gain by belonging to a commonwealth, and as much to give up by accepting its restrictions. For Locke, his belief in equality rests on more optimistic grounds: a faith in the rule of reason even in the state of nature. Locke believed all people were essentially free to choose good or evil, and free to choose to employ their reason to determine the right course of action. All may not be identically capable or informed, but all are essentially educable and reasonable. Therefore, no one would enter a social contract that sacrificed that inalienable equality; each gives up only those rights that all the others give up as well.

Second, each has an inalienable right to the property that is the fruit of one’s labors. Whether one is a renowned philosopher or a simple farmer, whoever does the work has joined his or her efforts to the world and made that part of it to be private property. The government I choose to live under must agree to protect my property, regardless of how informed I am about world affairs or how inclined I am to reason passionately rather than logically. That is one of the functions of civil government: to protect private property.

Third, all proper civil government is by the will of the majority. A supporter once called out, “Governor Stevenson, all thinking people are for you!” And Adlai Stevenson answered, “That’s not enough. I need a majority.”[1] That story is often treated as an indictment of democracy, but it needn’t be. Every person has a right to have his or her needs addressed and concerns heard. Maybe I don’t know all the economics of free trade; but I do know if I am losing my job because the factory is relocating overseas. I have a right to demand that society do something to help me. My fundamental equality is expressed in each person being equal before the law. My right to my own work is guaranteed in society’s protection of my property. The inalienable right to liberty is lived out in the principle of government by the will of the majority: of the people, by the people and for the people. When we can all have our say, all make our case, and all freely agree to take a vote and work together on whatever we jointly decide, my fundamental freedom is actualized through the action of the government, which is responding not to the whims of a king or even an elite, but to the total pressure of each one of us pushing upon the levers of power.

It seems then that there are ample reasons for civil government to arise and maintain itself. It fulfills the needs of the individual members better than living in a governmentless state of nature could, and it coordinates group actions so that we can live together in peace and together achieve goals we could not on our own. Why, then, would any government ever collapse into tyranny? Plato pointed to the corrupting power of wealth, but Locke’s view of political power particularly rules this out; since civil government exists largely to protect the private property of every citizen, it can hardly be that owning property in itself should disqualify anyone from participation in government. Nor can Locke agree with Plato’s contention that only a small group should be allowed any political power; for Locke, political power flows up from the people, who explicitly or implicitly choose a government which is then obligated to act according to their collective will. Instead, Locke points to the weakness of human nature, and the tendency of some individuals to violate the laws of reason and to grasp for more than they ought. He writes:

 

 

… tyranny is the exercise of power beyond right, which no body can have a right to. And this is making use of the power any one has in his hands, not for the good of those who are under it, but for his own private separate advantage. When the governor, however intitled, makes not the law, but his will, the rule; and his commands and actions are not directed to the preservation of the properties of his people, but the satisfaction of his own ambition, revenge, covetousness, or any other irregular passion.[2]

 

 

So tyranny is not only the assumption of power by someone who is not entitled; the tyrant might be an elected official. The tyrant might not be particularly oppressive, if it suits him or her not to be. The tyrant might not even be a single person, but could in fact be a group.[3] But the tyrant is motivated not by the will and good of the people, but by personal interests and whim. The tyrant is, after all, only human, and subject to ambition, covetousness, and all the other common “irregular” passions. The tyrant may see the job of government as a chance for personal advancement, or simply believe that he/she/they know better than the majority what is “good” and thus refuse to act according to their will or needs.

Locke had a stark warning of what can happen if these inalienable rights are ignored. He writes:

 

 

The reason why men enter into society, is the preservation of their property; and the end why they chuse and authorize a legislative, is, that there may be laws made, and rules set, as guards and fences to the properties of all the members of the society, to limit the power, and moderate the dominion, of every part and member of the society: for since it can never be supposed to be the will of the society, that the legislative should have a power to destroy that which every one designs to secure, by entering into society, and for which the people submitted themselves to legislators of their own making; whenever the legislators endeavour to take away, and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any farther obedience, and are left to the common refuge, which God hath provided for all men, against force and violence.[4]

 

 

In case that last line isn’t clear to today’s readers, the “common refuge” is to fight back. If the government ceases to represent the majority, and instead caters only to the ruler or to a small group of supporters, it puts itself at war with its own citizens, and they in turn have the right to rise up and defend themselves and ultimately to overthrow their tyrannical masters, if necessary and possible. This is literally revolutionary stuff, both when it was published and 315 years later. This is what the Founding Fathers relied on when they explained, to themselves and to the ages, why they were declaring independence from their sovereign lord and king in England. The reasons Jefferson gives in the Declaration of Independence matches exactly the behavior of a tyrant as described by John Locke eighty-five years before: “(King George III) …has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people….He has made Judges dependent on his Will alone for the tenure of their offices,…For imposing Taxes on us without our Consent: For depriving us in many cases, of the benefit of Trial by Jury…” Denying the right of elected officials to meet, or depriving them of their independence, or refusing to enforce the laws they passed, are all things Locke singles out as reasons for the dissolution of government. Add to that the seizure of property without consent, and without due process of law as passed by representatives elected by the people themselves, and the actual acts of violent repression cited by the Declaration, and this matches Locke’s description of a government that has declared war on its own people. And in that case, Locke says, the people have every right to band together, grab whatever weapons they can find, and fight for their freedom. The government that overreaches and turns oppressor does not just risk angering the people; it loses its entire justification for being considered a “government” at all, and becomes nothing more than an alien, enemy occupation. In this circumstance, rebellion is not just possible; it is the only just and reasonable option. It is not even really a “rebellion” at all, but rather self-defense against the tyrannical power that has declared war on the citizens.

It may seem like this is a prescription for anarchy. If anyone may decide at any time to rebel, what is to stop rebellions from breaking out at any time? What stops anyone who doesn’t want to pay taxes or follow the laws the majority follow from declaring their own personal independence, gathering up an armed mob or paid militia, and going to war against society? Locke is aware of this criticism and has responses. In his discussion of this, we see him trying to walk a path between two extremes. On the one hand, he says it is clearly absurd to say that one must wait until all hope is lost before one can begin to resist tyranny.[5] On the other hand, there must be limits, and there are. First, there this the simple fact of human nature: “People are not so easily got out of their old forms, as some are apt to suggest.”[6] By and large, people will put up with a lot before they resort to the risky and uncertain path of violence. “Better the devil you know,” as they say. It is only when the government has been seriously mismanaged, or the authorities have so trampled upon the inalienable rights of the people that they have already declared war upon them, that people are likely to resort to force to defend themselves.[7] Locke is not saying that anyone has the right to take up arms simply because he (or she) happens to not like the current government’s policy on some matter. By joining together in a community, we all agreed to live by the community’s rules and to respect the will of the majority.[8] As long as there are functioning mechanisms for the people to voice their opinions and elect representatives who will make the laws all will live by, there is no need or justification for rebellion. But when the government ceases to respect those mechanisms, and the people are left with no peaceful way to resolve their grievances and the will of the majority is not the guiding principle of the state, then the people may take up arms, overthrow the tyranny and establish a new and free government.

So, should stupid people be allowed to vote? We are all created equal, whether one is a bit smarter or stronger or better-looking. We all have the same inalienable rights. Those rights are only protected and expressed in a civil society, which means a society with the rule of law and where the will of the people is the ultimate foundation of that law. Each individual’s inalienable liberty is enacted when he or she is votes for the representatives to the legislative body. To deny someone the right to vote because he or she might vote “wrong” is to deny that person’s personhood. It is tyranny and slavery. And one always has the right, by the laws of God and reason, to resist with force anyone who tries to oppress another.

[1] “Music Cues: Adlai Stevenson,” http://www.npr.org/programs/wesat/000205.stevenson.html Feb. 5, 2000

[2] John Locke, Second Treatise of Civil Government, chapter XVIII, sect. 199

[3] Second Treatise sect. 201

[4] Second Treatise of Government, chapter XIX, sec. 222

[5] Second Treatise, Chapter XIX, sec. 230-33

[6] Second Treatise, Chapter XIX, sec. 223

[7] sec. 224-230

[8] sec. 243

Should Stupid People Be Allowed to Vote? Locke, pt. 2

December 16, 2016

Should Stupid People Be Allowed to Vote? Locke, pt. 2

 

For when any number of men have, by the consent of every individual, made a community, they have thereby made that community one body, with a power to act as one body, which is only by the will and determination of the majority

 

—– John Locke

 

 

How does “protecting the inalienable right to liberty” translate to obeying the laws of the government, or even paying taxes?   This is what is perhaps the most radical and transformative part of Locke’s political philosophy. Locke follows the same basic formula as Hobbes and many other social contract theorists: we imagine starting in a “state of Nature” prior to all government, and then ask why any individual would move from the perfect freedom of anarchy into an ordered (and ordering) society. How we interpret the natural state of humanity tells us about what sort of debt we owe the State, and by implication what the State owes us citizens. It assumes a quasi-historical moment when the individual voluntarily joined the society, recognizing that this was more implicit and theoretical than actual. In Locke’s view, a free and basically reasonable individual chooses to belong to a civil society because that society preserves his or her basic freedom and rationality better than simply going it alone in a state of natural anarchy.[1] However, to be a functioning society, the group has to be able to act as a coherent unit; so some sort of government must exist. Thus, we all have to agree to give up our right to just do whatever pops into our heads, and instead must cooperate. That means we need some sort of process whereby everyone can be heard, everyone’s interests can be considered, and then the group can decide to act as determined by the will of the majority. Each of us must agree to accept the will of the majority, since otherwise agreeing to live in a society was a hollow promise; either we’re all in this together, or there is no “we” and anarchy prevails. So you may have a “king” but even his policies must be expressions of the collective will of his “subjects.”[2] As part of this society, there may be some property set aside for common use; Locke assumes that every village will have a village green, where anyone may come and harvest turf as needed, for example. And if the group decides on some joint project, as Athens did when Themistocles persuaded them to build a national fleet, they may agree to pay into a common fund to do so, and all citizens are obligated to pay this tax even if the minority didn’t vote for it since it is an expression of the will of the society as a whole, of which they are a part. In exchange, the minority has the right to fight for its voice to be heard and its concerns to be addressed, and to try to persuade some portion of the others to join and support its views as policies for the group.

This really was a revolutionary thought. Most societies in Europe were governed by monarchies that ruled by a presumed divine right. When Thomas Hobbes wrote his Leviathan to propose a secular basis for government, that was already a radical notion. Hobbes acknowledged as much when he wrote that, “This is the generation of that great LEVIATHAN, or rather, to speak more reverently, of that mortal god, to which we owe under the immortal God, our peace and defence.”[3] We are not, he is saying, ruled by God; we are ruled by Leviathan, The Beast. God has left us to be ruled by this earthly master, this god that we ourselves have made by forming a social compact or commonwealth. But Hobbes still offered his philosophy as a defense of the privileges of the absolute monarch. Short of randomly torturing or murdering subjects, or failing to actually control and defend the realm, Hobbes put no limits on the sovereign’s power. Locke writes to defend not absolute monarchy, but a republic and limited monarchy. The force that is to determine national policy is not the whim of one powerful king backed by the brute force of an army; instead it is the collective will of the citizens that is to dictate to the government what it should do.

Just how revolutionary this theory is becomes clear when Locke considers the dissolution of the commonwealth.[4] There he argues that when any government attempts to usurp absolute power over its citizens, either by arbitrarily seizing their property, by enslaving them or killing them, then they are freed from their tacit agreement to abide by its laws. The government has broken the social contract, so now the citizens are back in a state of nature. And as free persons in a state of nature, they are once again free to join together for mutual defense, and to form a new government. Locke offers the intellectual and moral justification for political revolution. The government that denies its citizens their inalienable rights has violated the laws of Nature, Reason and God (which are largely equivalent terms for Locke), and thus has lost all legitimacy. It rules only by force, and thus there is no crime in resisting it and overthrowing it by force, either. Only the government that acts as directed by the will of the majority has any binding, legitimate claim to the obedience of the people.
The philosophical foundation for the American Revolution was this very notion. People felt that they were being “enslaved” by the distant crown and parliament, which imposed taxes on them without their consent or even voice. (Yes, it is a tragic irony that they knew what enslavement was so well, owning slaves themselves.) They had come to this frontier land and tamed it, raised crops, built homes and churches and whole cities, and now they felt that this was theirs. They had put their own sweat into this land; as Locke said, they had put part of themselves into it, and thus it was as much theirs as their own flesh. And now a distant government was imposing laws and taxes on them. From the English point of view, they were simply asking the colonies to pay for their own defense; but the fact remained that there were no colonial representatives in Parliament. From a Lockean point of view, they were outside the social contract, since they were denied the fundamental right of any citizen of the commonwealth to be heard. And following Locke, they felt that this gave them the right to revolt. They produced a Declaration of Independence, which detailed their justifications for their break from England, and established the beginnings of their social contract to form a new commonwealth together. This was not like Plato’s failed attempt to bring his ideal republic to life in ancient Syracuse, where conceptual perfection crashed against human realities. Nor was it like the more recent attempt to establish a divine theocracy in Münster, which fell into disorder and was destroyed by its enemies. This philosophical experiment, which we now know as the United States of America, was not based on Biblical or philosophical idealism, but on human reason, on philosophy rooted in observation, experience and reflection. Unlike Plato’s Republic or his later Laws, the empiricist philosophy of Locke did not assume that there was an ideal state which could only change by degenerating. The founders of the United States assumed that their nation would have to change and grow, and they included mechanisms for amending the social contract. They hoped that it would grow and become better as its people chose the best among them to debate and discover new solutions to unanticipated problems. And while Plato’s republic sought to eliminate social conflict, the very notion of Locke’s commonwealth assumes disagreement and conflict. Any nation based on Locke’s principles has to allow for all stakeholders to have a voice, and to resolve their competing claims in a peaceful manner. It hasn’t always worked, as we know, but the trend for over two hundred years has been to channel dissent and conflict, expanding the rights of citizens and the chorus of voices in the marketplace of ideas.

To be continued…

[1] John Locke, Second Treatise of Civil Government, chapter II, sections 4-11

[2] Locke, chapter VIII, sect. 95-99

[3] Thomas Hobbes, Leviathan, chapter 17

[4] Locke, chapter XIX, sect. 222