Posts Tagged ‘Locke’s Second Treatise of Government’

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 7)

March 28, 2020

In addition to the past and the present, the attempt to remove a sitting political office holder may be motivated by the future—that is, by anticipation of what he or she will do. This may seem unjust; and were impeachment a legal proceeding it would be, since we would be punishing someone for something he or she has not in fact done. But removing a leader is not a legal act, but rather a political one. That is not to say justice and morality are irrelevant, but only to say they are different.

From the time he was elected, before he had taken office, Obama faced calls for his removal based on acts he was expected to take. He would impose Sharia law. He would confiscate all firearms, in violation of the Second Amendment. He would arrest all observant Christians. He would imprison his political enemies. He would abolish capitalism and impose a communist system. He would impose black supremacy and strip white people of their rights as citizens. He would throw open the borders and allow immigrants from Mexico and other southern countries to pour in unimpeded and uncounted, to collect Social Security and to vote in our elections. And in fact, these fears motivated some people to extreme actions. A white woman carved a B into her own face, claiming to police that she’d been attacked by black men saying that now Barack was president and they could do whatever they wanted; she was caught because she’d used a mirror and therefore carved the B in her face backwards.[1] The Republican governor of Texas called for the Texas State Guard to watch the U.S. Army’s “Jade Helm 15” exercises because of widespread fears that Obama was going to declare martial law and imprison his enemies in abandoned Walmarts.[2] These fears about Obama’s plans, and the rhetoric and action they provoked, led liberals to give the whole phenomenon its own name: Obama Derangement Syndrome.[3] The thinking here was that large numbers of otherwise sane and well-informed people (as well as many who weren’t) were particularly prone to believe conspiracy theories about President Barack Obama, and sometimes even to act on those fears.[4] Conservative politicians sometimes encouraged these beliefs, by saying that they “understood” these concerns, or by threatening armed resistance against the U.S. government if it carried out its alleged intentions; other conservative politicians denounced these beliefs and conspiracy theories.

Donald Trump, also, faced calls for his impeachment “from Day One” and beyond, at times based on things that he would do. It was alleged that he would use his office to enrich himself, that he would appoint corrupt and/or biased officials to important posts, that policy would be dictated by political agendas and flattery of the President rather than by science or competence, that hate crimes would rise, that the U.S.A. would become an international laughingstock, that Russia and other foreign powers would use money and favors to promote policies that weakened the United States, that religious groups other than Evangelical Christians would be discriminated against, that the environment would be degraded, that taxes on the rich would be slashed and then, citing budget shortfalls, programs such as Social Security would be gutted, that national immigration policies would be dictated by racism rather than morality or facts, and so on. Mr. Trump’s defenders in turn began to denounce “Trump Derangement Syndrome.”

We could even say that this sort of prognostication has made it into the official record of the United States Senate. Adam Schiff, arguing for Donald Trump’s removal from office, did not appeal only to his past and present actions, but also to his future acts if he continued to hold the reins of power. He said:

 

 

 

“We must say enough — enough! He has betrayed our national security, and he will do so again,” Schiff, D-Calif., told the Senate. “He has compromised our elections, and he will do so again. You will not change him. You cannot constrain him. He is who he is. Truth matters little to him. What’s right matters even less, and decency matters not at all.”[5]

 

 

 

Rep. Schiff was arguing, essentially, that based on his past behavior and expressed intentions, Donald Trump will commit acts that break the law, violate the Constitution and endanger the nation. Therefore, he should be stripped of political power not only because he has abused his office, but even more because of what he will do in the future.

The future, by definition, has not and does not exist; it is only possibility. Therefore, any action undertaken based on future events is problematic. But as Locke points out, sometimes it is necessary. To tell people they can only resist tyranny when the tyrant has seized power and clapped them in irons is at best pointless, if not sheer mockery. It would be like telling passengers who find that the ship they are on is taking them to the slave market in Algiers that they can do nothing because, after all, the captain is the captain, you must trust his judgment and authority, and that if you believe he is abusing his power then you can exit the ship just as soon as it reaches its destination and choose a ship with a new captain. At the same time, to mutiny three days out of dock, just because the ship was heading south and the captain has dark skin like an Algerian slaver, would also be insane. Locke, true to his empiricist philosophy, says we should base our judgment on observation and induction. If the captain repeatedly aims towards Algiers, despite repeated obstacles and repeated assurances that he’d never do such a thing, then it is reasonable to draw conclusions regarding his true intentions and to act on those conclusions. And if a politician with executive power should repeatedly act against the laws of the nation, against the expressed wishes of the people, putting his or her personal interests ahead of the general welfare, deceiving and suppressing liberty, it is reasonable to assume that he or she is actively seeking tyrannical power over the nation, and to act to stop this.

The reasons why conservatives were so convinced that Obama had tyrannical intentions were always a mystery to those of us who don’t watch Alex Jones or listen to Rush Limbaugh. Many of the anti-Obama (and later, anti-Clinton) charges seem insane, such as Pizzagate and the claims about NASA pedophile camps on Mars. The actual record of Obama, the actual evidence of his intentions, came largely from his bibliography and his having attended a UCC church led by the Afrocentric theologian Rev. Jeremiah Wright. The publicly available facts were that Barack Obama’s father was African, Muslim and anti-colonial; however, he had relatively little to do with raising Barack, who was instead brought up by his mother after his father left them. She was white, and while she was progressive for her time she had worked more intensely to insure her son was raised with so-called “middle class” values like education, hard work and caring for his fellow Americans than many conservative parents can boast. Aside from his skin, name and having spent part of his childhood in foreign countries, he had a childhood that many conservative politicians would have envied. He was attacked for having been a community activist, which conservative pundits claimed showed he was a radical revolutionary; but George H. W. Bush famously praised individual activism as “a thousand points of light” shining the way for the nation. And while Rev. Wright’s rhetoric can be fiery, as a freshman senator Obama’s behavior was not particularly shocking. Returning to Locke’s analogy, it was as if the new captain had said, “I’ve heard the climate in Algiers is nice this time of year, and they have some beautiful buildings,” but then had sailed a normal course. Maybe you’d want to watch him, but there’d be too little real evidence to make a reasonable claim that he was sailing to Algiers. And as President, the evidence was even more mixed: while there were certainly policy disputes and power struggles with the Congress whose leadership had declared that its top priority was to make him a one-term president, he never attempted to impose Sharia, confiscate all guns, or carry out any of the dire predictions made of him. He complied with court rulings regarding Congressional subpoenas, made his Secretary of State and other officials available for multiple public and private hearings, and generally behaved as we had always expect a president to behave. He never declared opposition to the Constitution, which he had taught and studied before becoming president; and his actions were mostly consistent with his words.

Donald Trump had a much longer public record, being both much older and much more famous before his election. He had said that he was genetically superior to most Americans, who lack his intelligence and industriousness and therefore allow themselves to be led by the superior men like himself.[6]   He attributes his success, and the failures of people like coal miners, to his own natural superiority and their inferiority.[7] To many, this sounds far more ominous than Obama having said he liked Rev. Wright and then hearing that Wright had said God should “damn America” for the sins of racism and the slave trade. After all, Obama didn’t explicitly endorse this claim by Wright; but Trump does endorse eugenics, which disturbs some people.[8] Claims by his ex-wife that he owns and reads a collection of Hitler’s speeches also raises concerns.[9] Add to that his divorces and bankruptcies, which together imply a lack of commitment to his promises, his legal history including lawsuits by employees and business partners he’s refused to pay, fines for racial discrimination at his properties, multiple acts of sexual assault, accusations of fraud at Trump University and other cases, most of which he settled rather than take to trial, and many people had serious doubts about his character. The Mueller Report and impeachment hearings revealed a pattern, witnessed and sworn to by many people, of obstruction of investigations which were lawful but he deemed “unfair,” as well as calling for investigations of people he disliked without any legal grounds, all to help his career. Furthermore, millions of dollars of taxpayer money have been spent at his properties, suggesting ongoing corruption; and his repeated claims that he deserves a third term and his complaints that various aspects of the Constitution are bothersome strongly suggest that he is not particularly devoted to the Constitutional limits on his power. These are some of the points of evidence that lead Congressman Schiff, and millions of others, to fear that Donald Trump is at best a compulsive, serial crook with unwitting or unreflective tyrannical tendencies, and at worst a full-blown authoritarian seeking to undermine our democratic institutions so he can add the United States of America to his business empire as one more hostile takeover.

By Locke’s standards, then, there was little ground to remove President Obama, and it is not surprising that he was not impeached and that he won reelection. The claims that he was an usurper, or that he had otherwise committed crimes that were disqualifying, were proven untrue by the standards we generally use to prove any historical fact. In other words, if we don’t know Obama was born in Hawaii, we really can’t say we know anything that happened which we did not actually see. Historical documents, eyewitnesses, and the coherence of evidence all testify that the Holocaust was a terrible crime, that the American Revolution led to the United States of America being formed from the thirteen British colonies, and that Barack Obama was born in Hawaii and thus legally fit to hold office as President of the United States. Continued denial of these or any other facts backed by evidence of like quality is akin to psychosis.

Acts done during his presidency were occasionally challenged and denounced, but none were shown to warrant impeachment. His use of executive orders and his power struggles with the Congress headed by an opposing party were consistent with what we have seen in the past, and less extreme than what we witnessed during the Reagan administration and some other recent presidencies.

As to removal due to his future acts, these proved to be the most baseless. He never claimed any intention to do much of what conservative politicians and right-wing media said he was certainly planning to do, and in fact he never did. He never grabbed our guns, imposed Sharia, shuttered Christian churches, ceased deporting illegal immigrants, never arrested political opponents, never declared martial law, never sought to ban private health care or “socialize medicine,” nothing. While it is easy to see why many might have been alarmed at the rhetoric of Rev. Wright, the fact is that the American people did not elect President Jeremiah Wright; they elected President Barack Obama, who proved to be a steady, calm, clear communicator willing to talk to and listen to all sorts of people. And if there was any thought that he would betray the U.S. to the terrorists or wasn’t committed to fighting terrorism because he wouldn’t use the words “Radical Islamic Terrorism,” those fears were largely dispelled when he ordered the killing of Osama bin Laden.

By contrast, many (not all) of the concerns about Donald Trump have turned out to be well-founded.   He was fined for racist discrimination in his rental properties and admitted racist statements towards employees.[10] He bragged about committing sexual assault, then denied it, then threatened to sue the dozens of women who accused him of rape, groping, barging in on them while they were changing at the beauty pageant he owned, in short accused him of the very behavior he had boasted, but he never sued at all or testified under oath about their claims. He paid fines relating to various charges of fraud, including Trump University, a breaking scandal during the election for which, as soon as the election was over, he agreed to pay fines and damages. His campaign was accused of having improper connections to Russia and other foreign governments; since the election multiple campaign leaders and close Trump advisors have pleaded guilty or have been convicted of these charges. The Mueller report concluded that while there was no actual “conspiracy,” that was largely because the Trump campaign was too inept and too rent by personal rivalries among his staff to effectively conspire, and his administration was too weak to deliver on promises made to Russia because they feared looking like they were beholden to Putin—which, apparently, they were. Mueller also described ten separate instances of obstruction of justice carried out by Mr. Trump, intended to block investigation of Russian assistance to his campaign. Thus there were instances in the past that suggest that he was morally and psychologically flawed, and unlikely to be a good president. There is even some evidence that his campaign might have been illegal. In the end, though, there is nothing in the Constitution that says a lying, neurotic criminal can’t run for President. Even one with business ties to hostile foreign dictators can run, though he is supposed to be forbidden from actually holding presidential power while receiving income from foreign investments (U.S. Constitution Article 1, sect. 9, clause 8). So in that sense, the charges against Donald Trump were never as disqualifying as those against Obama; if the charges against Obama had a shred of truth in them, they could have barred him from even running for office. The charges against Trump were therefore less serious, in that sense; they were more serious in that they were put forward by people who meant them seriously—that is, who actually believed them and had evidence and reasons for those beliefs, rather than simply making baseless accusations to try to score political points by playing to paranoid delusions.

The evidence that Donald Trump is an usurper is weak; there has been no solid evidence that any votes were changed to get him elected, and even if his campaign did conspire with foreign governments the prescribed penalty would be a fine, not removal from office. The evidence that he is now a full-blown tyrant is also weak, being largely a matter of interpretation; he may be a corrupt authoritarian who is openly trying to rig his reelection and abusing his power in the process, but his abuses do not strike most people as directly barring them from what they want to do. But the evidence that he wants to exercise tyrannical power, wants to subvert representative democracy and undermine the other branches of government, is abundant and glaring. His words, his actions, the testimony of his confidants and aides all point towards this, just as if the captain should persistently steer towards Algiers. Even though, when circumstances or protests dissuade him, he might temporarily set another course, he always returns towards his original destination. It is therefore permissible, and I would say it is morally necessary to oppose him, before he can deliver the entire “ship of state” to the port of bondage. The only real question is what sort of resistance is required or allowed.

[1] “Cops: McCain Worker Made Up Attack Story;” CBS News October 24, 2008 (https://www.cbsnews.com/news/cops-mccain-worker-made-up-attack-story/)

[2] Jonathan Tilove, “Abbot Directs State Guard to Monitor Operation Jade Helm 15 in Texas;” Statesman September 25, 2018 (https://www.statesman.com/NEWS/20160923/Abbott-directs-State-Guard-to-monitor-Operation-Jade-Helm-15-in-Texas) also Matthew Yglesias, “The Amazing Jade Helm Conspiracy Theory, Explained;” Vox May 6, 2015 (https://www.vox.com/2015/5/6/8559577/jade-helm-conspiracy)

[3] Ezra Klien, “Obama Derangement Syndrome;” Vox February 23, 2015 (https://www.vox.com/2015/2/23/8089639/obama-derangement-syndrome)

[4] Algernon Austin, “How Being an Obama Hater Warps Your Mind;” HuffPost October 21, 2015 (https://www.huffpost.com/entry/how-being-an-obama-hater_b_8347142)

[5] Dareh Gregorian, “Schiff’s Powerful Closing Speech: ‘Is There One of You Who Will Say, Enough!’?” NBC News February 5, 2020 (https://www.nbcnews.com/politics/trump-impeachment-inquiry/closing-argument-democrats-say-not-removing-trump-would-render-him-n1128766)

[6] Caroline Mortimer, “Donald Trump Believes He Has Superior Genes, Biographer Claims;” Independent September 30, 2016 (https://www.independent.co.uk/news/world/americas/donald-trump-president-superior-genes-pbs-documentary-eugenics-a7338821.html)

[7] Nate Hopper, “Donald Trump Once Worried About Coal Miners Getting ‘Black-Lung Disease’ from ‘Damn Mines’;” TIME June 1, 2017 (https://news.yahoo.com/donald-trump-once-worried-coal-215437514.html)

[8] Marina Fang & JM Rieger, “This May Be the Most Horrible Thing that Donald Trump Believes;” Huffington Post September 28, 2016 (https://www.huffpost.com/entry/donald-trump-eugenics_n_57ec4cc2e4b024a52d2cc7f9)

[9] Marie Brenner, “After the Gold Rush;” Vanity Fair September 1, 1990 (https://www.vanityfair.com/magazine/2015/07/donald-ivana-trump-divorce-prenup-marie-brenner)

[10] Michael D’Antonio, “Is Donald Trump Racist? Here’s What the Record Shows;” Fortune June 7m 2016 (https://fortune.com/2016/06/07/donald-trump-racism-quotes/)

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 5)

March 11, 2020

Application: Human action may be motivated by the past, the present or the future.

Actions are motivated by the past when we act because of something that has happened, or failed to happen in the past. For example, a society may punish a lawbreaker because that person did something terrible and society (or a judiciary acting in its behalf) has decided that this criminal “deserves” to be punished. Or, you may give someone $20 because in the past you agreed to pay him to cut your lawn, and he did in fact cut your lawn.

Actions are motivated by the present when they are reactions to something occurring now. If the police see a crime in progress and arrest the perpetrator, that action was motivated by the present. If you cry or laugh at a movie, it is because you feel emotions prompted by what is occurring in the present.

Actions motivated by the future are a bit more complex, because the future was not and is not, but might be. It is possibility. The agent is thus taking a particular actual action in anticipation of what the future might be. It could be argued that this is really a species of present motivation, because the immediate motivator is one’s present fear, desire or anticipation, and that subjective motivating feeling is actual in the present. But it is still useful to draw a distinction between actions motivated by present actualities versus actions motivated by anticipations of the future. For one thing, the latter are much more fraught. One may anticipate future rain and end up lugging an umbrella around on a dry day. One may marry because one believes the beloved will be a good life-partner, only to find that one or both of you is not up to a lifetime bond. The Precogs may name the wrong future criminal. It is thus a useful act of humility to remember that while one is immediately responding to one’s current fears or hopes, the future circumstances one is anticipating may be totally wrong. However, humans are creatures that plan. We live towards the future, which we anticipate as best we are able.

Why might one resort to force, or other methods of resistance, to try to remove a governmental leader such as a constitutional monarch in Locke’s day, or a president in ours? One might do it because the person holding the office did not deserve it or was not qualified due to some past circumstance. One could claim that the current office-holder was in fact an usurper, who did not come to the office legitimately and thus did not deserve to hold it now. Barack Obama faced calls for his impeachment from the moment he took office, and in some cases even before.[1] During and after the 2008 election for President of the United States of America, Obama was alleged to be, in essence, an usurper, not qualified to hold the office of President because he was not born a citizen. Since this claim allegedly rested on past circumstances, it was addressed most directly by simply producing evidence from the time to show the claim was false; this was done when documentary and journalistic evidence was produced of equivalent quality to that considered adequate to prove any other historical event. Legal documents, contemporary news announcements and eyewitness testimony was offered to show that Barack Obama was in fact born in Hawaii, and that his mother was a U.S. citizen. Despite this evidence, calls for his removal based on the “birther” conspiracy theory continued for years, most notably from Mr. Donald Trump.

Donald Trump has said that he faced calls for his removal “from Day One,” and that is true. Even before he took office, there were many who said he had committed crimes during his campaign that should have been disqualifying. Others said that he had lost the popular vote and thus did not have a mandate from the people. However, the alleged crimes were at that time unproven, and winning the majority of the popular vote is not in fact required under our Constitution. More serious were the charges that the vote had been manipulated and hacked, and that were it counted accurately he would have lost even the Electoral College vote.[2] If there had been a serious investigation, it might have shown that Donald Trump is in fact an usurper, and should be removed from office immediately. Of course, it might also have simply verified the official results. It might even have shown nothing, since many of the districts where Trump did best were districts that had easily-hacked voting machines with no paper record of the votes cast. In any case, no such serious attempt to verify the election was made, as Ms. Clinton chose to accept defeat rather than contest the election.

To be continued…

[1] Shane Croucher, “Donald Trump Claims Republicans ‘Never Even Thought of Impeaching’ Barack Obama. History Tells a Different Story;” Newsweek 10/22/2019 (https://www.newsweek.com/trump-obama-impeachment-republicans-democrats-1466865)

[2] Dan Merica, “Computer Scientists Urge Clinton Campaign to Challenge Election Results;” CNN, November 23, 2016 (https://www.cnn.com/2016/11/22/politics/hillary-clinton-challenge-results/index.html)

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 4)

March 6, 2020

Now let’s take it one step further. The fundamental defining characteristic of a citizen is to play a part in making the laws that govern the society. This is recognized at least as far back as Aristotle, and it is a foundation of Locke’s understanding of the social contract. Suppose the usurper decides to use the powers of the office to pervert the next election, in order to hold onto power. In fact, let’s not even ask whether the office-holder is a usurper; that is irrelevant. Anyone who attempts to prevent a person from voting is robbing that person of the fundamental right of a citizen, and the fundamental right of a human being. Individual freedom is the fundamental inalienable right. I may freely delegate someone to represent me in the assembly or congress or parliament, to act on my behalf and with the other delegates to make laws in my best interests; Locke says that that is not surrendering my freedom but rather giving it expression in the society. On the other hand, even if I have other freedoms, without the right to participate in the making of the laws under which I live, I am not a citizen at all, but at best living in a state of nature, with no essential relationship to this government, free to disobey or oppose it as I see fit.

What makes the apparently non-violent and inconspicuous crime of vote-tampering so serious, more serious perhaps than graft or DUI manslaughter (to name two crimes by famous politicians)? To understand, we must return to Locke’s understanding of the origins and nature of government.[1] In a state of anarchy, people would live as their natural affections drew them and their reason guided them. Thus, we could have a society without a government, existing and interacting as individual and small family groups. But to have any relationship broader than that, we must agree to live together under shared laws and leadership, which (if it is to be legitimate) must be formed by the people and serve to express their collective will. Naturally, if the society that is the foundation of the government and for which it exists is itself destroyed, the government is dissolved. For example, if an invader uproots the community and destroys all the institutions binding people together, destroys homes and separates families, and leaves only scattered individuals, there is no government left and everyone is left back in the state of nature to try to rebuild a new society. Locke says little about this, saying history shows us enough examples that he need not belabor the point; also, it really isn’t his main interest. Locke is concerned with how the government itself might delegitimize itself, overturn itself, and become the enemy of the people and society it was supposed to protect. As we have seen, not every usurper is a destroyer of government. In fact, not every tyrant is a complete destroyer of government. A king or magistrate who abuses his or her power, but not to the point of utterly destroying the institutions of government themselves, may not destroy the government. This seems to be why Locke’s description of tyranny includes some limits on the right of forceful resistance: enough to resist the act of tyranny, but not more.

Some actions by a government, however, would so totally overturn the basis of civil government as to constitute war against the people themselves, effectively putting them back into a state of nature wherein they are entitled to create a new commonwealth on their own and to defend it against their former government as any citizen would against a foreign invader. The first of such actions is “when the legislative is altered.”[2] Locke “imagines” a government with three branches: a judicial, a federal and a legislative. The judicial consists of magistrates and judges and courts for interpreting and applying the law. The federal is the overall unifying head, which Locke suggests could be a king ruling for life but whose powers are limited by laws and traditions so that he is as much subject as master of the other two branches. The legislative is the branch which most directly expresses the will of the people. This is the body that is made up by representatives of the people, chosen by them and from among them, who gather together to consider the needs of the society and to create laws which all will live by. It is this legislative power that is the expression of the free will of each individual drawn together into one collective will, the will of the majority. When the legislative is altered, either by replacing the elected legislators with others chosen not by the people but by some other power (likely the king), or when laws are made without the consent of the legislature or those laws that are made are not enforced, then the will of the people is thwarted, the power they created to bind them into one commonwealth is broken, and they are in fact returned to their state of nature. At that point they cease to be citizens at all, but are merely bound servants to their overlords. In addition to such circumstances as a tyrant simply replacing the laws with his or her own will, replacing the legislators with the tyrant’s own stooges or simply leaving the legislature be but depriving it of the ability to act, the government effectively dissolves when it contrives to hand the nation over to the sovereignty of a foreign power (for example, the perception that Mary Tudor sought to hand the country over to Spain).[3]

Locke lumps all these possible corruptions together as “changing the legislative,” because they represent some sort of nullification of the people’s right to choose their lawmakers and/or the laws they live under. In addition, Locke discusses the possibility that the legislature itself could turn tyrant. Since the people form a government to protect their lives, their liberty and their property, a government that arbitrarily deprives them of these has failed to fulfill the purpose for which it was founded in the first place. This is so whether the legislature corrupted itself through greed or ambition, or was corrupted by the executive either by force, threat, bribery or some other means. If the government itself should not only fail to fulfill its duties to the citizens but even act against the very duties with which it was entrusted, Locke says, the people are free from all responsibility to that government and may establish whatever new government they believe will serve them better.[4] In such a case, they are not “rebels” against their government; Locke argues that it is the government which has declared war on the people and is in rebellion against their authority.[5]

So Locke recognizes a range of ways in which representative democracy can break down, and gradations of appropriate response when it does. In a usurpation, the people might not respond at all; they could choose to accept the usurper and in doing so provide his or her office with the legitimacy it requires: a mandate from the majority. Likewise, in cases of petty abuses (such as spending part of the office supplies budget on the premium coffee the mayor prefers rather than the generic freeze-dried which the city council approved) people might look the other way, or impose some sort of discipline, but no one could reasonably think violence or even arrest was justified. In such cases neither the continuation of the commonwealth nor the inalienable rights of the citizens are at stake. When the abuse of prerogative matures into tyranny, people may resist. If the police lack a proper warrant to enter your home, Locke says, you can resist their attempts to do so as you would any robber. Even in such cases, Locke requires a calibrated response; just as you can’t shoot a neighbor who’s holding your property if you can reasonably expect to regain it by legal means, so too you cannot use force if you have legal recourse against governmental abuse or overreach. So long as the courts are functioning, and the threatened injury not irreversible, the commonwealth is still more or less functional and problems may be resolved more reasonably. “Reason” is a key concept for Locke. He is rather optimistic about the abilities of common sense; he knows people are motivated by passions and desires, but he also believes they can obtain the knowledge and exercise the self-restraint they need to make reasonable choices, usually. And where the law of Reason has not been totally overthrown, that should be our first resort.

Even in cases of real tyranny, Locke says, people will not immediately rush for their flintlocks and bayonets. Locke knows that what he is writing has radical implications. His father served in the Parliamentarian army during the English Civil War, which led to the beheading of King Charles I and six years of Puritan dictatorship, eventually settling down to a constitutional monarchy with strict limits on royal power. He was well aware of the earlier arguments of Thomas Hobbes and the current views of many conservative critics, that anything less than absolute monarchy would degenerate into civil war and anarchy. But Locke, with his faith in common sense, argued that people are in fact unlikely to resort to violence over every little injustice.[6]  People are naturally inclined to seek peace for themselves, and to put up with a lot if they’re used to it or they fear radical resistance could make it worse. They are unlikely to react much if the injustice doesn’t threaten them, but concerns only one or a small number of people. But, if there is a pattern of injustices, and people see that their rights and liberties, the fruits of their labors and even their lives are endangered, and that things seem likely to only get worse over time, then they most likely will rise up against their oppressors. The only difference is that Locke believes they would be justified, since the true purpose of government is the welfare of the people and its legitimacy comes from their mandate alone; an absolute monarchy would condemn the people as rebels and sinners, but still be just as likely to face forceful and even violent resistance after prolonged and habitual misrule.

[1] Locke, chapter XIX, sect. 211

[2] Locke, sect. 212

[3] Locke, sect. 213-18

[4] Locke, sect. 220

[5] Locke, sect. 227

[6] Locke, sect. 224-230

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 3)

February 26, 2020

What happens, however, if the representational government and the electoral system that insures it breaks down? And how might it do so? One possibility is someone could grab the reins of power who had no right to it, most likely by fraud. That would be a usurpation.[1] A usurper is one who seizes the office and power to which another is entitled. For example, in the Kennedy vs. Nixon election it was widely believed that Nixon had won, if not for the many fraudulent votes cast in Chicago on behalf of dead Democratic voters. The Democratic political machine run by Mayor Daly was very strong and could generally deliver Chicago’s votes (and with them Illinois itself) to whomever he chose. Nixon was urged to challenge the election but chose not to, allegedly saying such a challenge would be too divisive to the nation. I tend to believe this account, so let’s accept it for the illustration’s sake if nothing else. In such a case as this, JFK could rightly be called an usurper. He wrongly took the office that another person should have had but which was stolen by fraud. However, he was not a tyrant. He may have taken power belonging to another, but he faithfully executed the office of the presidency. He did what was Constitutionally required, not going beyond it in any meaningful way and not abusing or oppressing the citizens of states that voted against him. There were arguably some abuses of power under his administration, but none that raised much ire in his lifetime. Many considered him, then and now, to be a good president, even if his initial victory was questionable. Locke would say that an usurper may rightfully be opposed, but the opposition should be done legally and politically. If the majority of the people accept the usurper, then they essentially ratify the usurpation. This could be said to have happened in JFK’s election, or perhaps in Fatah’s takeover of the West Bank after Hamas won the election for leadership of the Palestinian National Authority 2007-2008 (I am not sufficiently versed in Palestinian politics to say for certain, but that is how it was depicted in the American press).

An usurper need not be a tyrant, nor a tyrant a usurper. As Locke describes it:

 

 

As usurpation is the exercise of power, which another hath a right to; so 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]

 

 

 

A leader or magistrate may gain office illegitimately, but fulfill the functions of a proper office-holder. The people might even choose to accept that person as legitimate. Tyranny is more serious than usurpation. A tyrant might come into the office legitimately; a king might be born to it, a president or chancellor might be elected, and so on. What matters is what the person does with the office and its power. If the governor (in the broad sense of one who has governing power) uses that power for the good of the people and according to the will of the majority as expressed in the laws which their legislature, acting as their agents, has created, then he (or she) is a proper governor. If the governor uses the powers of the office for their own personal advantage rather than seeing first to the good of the people and to their instructions, then that person is a tyrant regardless of whether he or she was duly elected. Legitimacy, in Locke’s view, ultimately derives from the will of the ruled, not merely or mainly from the propriety of the succession.

This has practical and dangerous consequences. A tyrant may be opposed by force, according to Locke. An usurper, who is not otherwise tyrannical, may not be. Suppose, just as a thought experiment with clearly no relationship to reality because it’s completely impossible, the president of the United States (a country largely founded on Locke’s philosophical theories) were elected illegitimately. This could be said to happen whenever the minority of the votes determines the presidency due to a quirk in the Electoral College, as happened with each of the last two Republican presidents; but then again, all citizens have agreed to abide by the rules laid down in the Constitution so we could say that even in this case it was no usurpation. But suppose some votes were flipped in the election by a hostile foreign power with some sort of personal relationship to one of the candidates, say one with extensive business investments in that hostile country and thus vulnerable to influence by any government threatening those investments. Suppose further that the only “investigation” of such illegality was to be carried out by the alleged usurper himself, and officials he appointed, and that the body charged with removing an unqualified president was part of the president’s faction and refused to act. However, suppose the usurper proved to be competent and restrained, and did not threaten the rights of any citizen (except for the actual winner of the election, of course, whose right to fulfill the office was denied). In that case, it arguably could be immoral to use force against the usurper. First, Locke sees force as a last resort; if there are still viable legal means, they must be pursued. Second, if the government is in fact still carrying out the laws established by the legislature which in turn was elected by the will of the majority, and is protecting the rights and property of the people, there is no need for force. Third, as Locke points out, there are great practical challenges to force. Most people, he says, are willing to put up with a lot rather than attempt radical or violent change. Even if their government is not all it should be, if it’s functioning well enough and justly enough they’ll likely tolerate it. In that case, the lone “freedom fighter,” and not the usurper, who will be seen as the dangerous rebel or lunatic. It is only if the government is truly tyrannical and is seen as such by a large group of people that widespread use of force is reasonable.[3] In this hypothetical case, the usurper is not unjustly using force against any citizen, so no one has a right to use force against him; and if anyone did, that person would be the one seen as disturbing the peace and threatening the society. On the other hand, if one’s individual rights were infringed by force, Locke says, one would have the right to forceful self-defense. For example, if police try to invade one’s home without a proper warrant empowering them to do so, one has the right to shoot them. The determining factor is whether the wrong one might suffer is urgent. If it is possible to right the wrong peacefully and legally later, then one may not use force to oppose it; but if one is threatened in a way that no later redress could correct, then one may defend oneself by whatever means are necessary and available.

[1] Locke, chapter XVII

[2] Locke, chapter XVIII, sect. 199

[3] Locke, sect. 203-09

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 2)

February 18, 2020

 

At this crucial point Locke and Rand differ, and from this division a vast gulf opens between Locke’s vision for “civil government” which was absolutely crucial for our Founding Fathers and the so-called “conservatism” dominant in American politics today. On the origin and nature of civil society, John Locke writes:

 

 

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: for that which acts any community, being only the consent of the individuals of it, and it being necessary to that which is one body to move one way; it is necessary the body should move that way whither the greater force carries it, which is the consent of the majority: or else it is impossible it should act or continue one body, one community, which the consent of every individual that united into it, agreed that it should; and so every one is bound by that consent to be concluded by the majority.[1]

 

 

 

Locke’s view is a classic presentation of “social contract theory.” He asks us to imagine a group of individuals living in a “state of nature;” that is, without any politics or government. Locke believes that even without government, we would still be bound by “the laws of Reason,” which he treats as synonymous with “Nature” and “God” since God created Nature and it is human nature to be rational. Thus, unlike Thomas Hobbes, who supposed the natural inclination of humans was towards endless violence, Locke asserts that even in the hypothetical “state of nature” people would live guided by basic principles of reason and justice. Even so, without anyone to mediate between neighbors there would be disputes which would likely devolve into violence. Thus, in order to live together in larger groups in an orderly and peaceful fashion, humans create governments which in turn create laws to define acceptable behavior, magistrates to arbitrate between citizens, and to regulate the use of force if necessary to preserve justice and social order while avoiding the excesses likely with private vengeance. Essentially, each individual gives up some of that complete freedom he or she would have had to regulate their own private affairs and define relations to others, agreeing to live under the governance of a society ruled by the will of the majority. The core of this new society is the legislative body, which represents the collective will of the people. Locke believes this body should be chosen by and from among the people themselves, and that its members act as delegates to represent the wills of those who elected them. The laws made by this body would thus be the expression of the will of the people themselves. Hobbes in his Leviathan had pictured the State as an “artificial person” made up of the collection of all its members, ruled by the absolute will of its government; Locke retains something of this treatment of the commonwealth as a single being created by its members, but sees it as animated not by the will of one totalitarian king but rather by the collective will of the people themselves. Since this body is the expression of the people, and of each individual member, it has limits which Hobbes would not recognize, but also rightful powers which Rand (and other current conservative thinkers such as Robert Nozick) would reject. On the one hand, even in this democratic body animated by the will of the majority, the government must respect the essential value of each individual.[2] This puts limits on the possible “tyranny of the majority;” since in the state of nature one person would not have absolutely power over a neighbor, neither can the commonwealth claim absolute power over the lives and properties of citizens even if acting in the name of the majority. On the other hand, it can impose taxes to pay for such joint projects as the legislature has deemed necessary for the welfare of the people. Locke writes:

 

 

It is true, governments cannot be supported without great charge, and it is fit every one who enjoys his share of the protection, should pay out of his estate his proportion for the maintenance of it. But still it must be with his own consent, i.e. the consent of the majority, giving it either by themselves, or their representatives chosen by them: for if any one shall claim a power to lay and levy taxes on the people, by his own authority, and without such consent of the people, he thereby invades the fundamental law of property, and subverts the end of government: for what property have I in that, which another may by right take, when he pleases, to himself?[3]

 

 

 

Thomas Hobbes assumed that all humans were irrational, greedy, violent and fearful, and could live together peacefully only if beaten into submission; therefore he imagined a “social contract” whereby a group of people, rejecting the “war of each against all” of anarchy, chose to select one individual despot or a small group to bludgeon everyone else. Locke has a much more optimistic view of human nature, seeing it as ruled not only by emotions, but by feelings guided by reason; so the commonwealth he envisions neither needs to be so brutal nor should it be. But he is not so giddy with the power of Reason as Rand is; Locke knows that people are often ruled by their passions and desires, and that the “rational” interests of the individual citizens often do clash, so that in the end we need a mechanism to determine the will of the majority while we all agree to accept and live by the majority’s choice.

[1] John Locke, The Second Treatise of Civil Government (1690) chapter VIII, sect. 96

[2] Locke, chapter XI, sect. 135

[3] Locke, sect. 140

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 1)

February 17, 2020

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get?

 

 

….how can a man any more hinder himself from being persuaded in his own mind, which way things are going; or from casting about how to save himself, than he could from believing the captain of the ship he was in, was carrying him, and the rest of the company, to Algiers, when he found him always steering that course, though cross winds, leaks in his ship, and want of men and provisions did often force him to turn his course another way for some time, which he steadily returned to again, as soon as the wind, weather, and other circumstances would let him?

 

——-John Locke, Second Treatise of Civil Government, sect 210

 

 

What’s so bad about Algiers? Warm climate, lovely beaches, so what’s not to love? From the 1500s into the 1700s, Europeans were captured and enslaved in Africa, from as far north as Iceland and more often from Britain south along the Atlantic coast and throughout the Mediterranean. At a time when Europe was backwards and underpopulated compared to the Islamic world, hundreds of thousands of Europeans were captured and enslaved by pirates, by raiders, and by kidnappers, and sold in the slave markets of Algiers and other North African ports. Men were usually sent to be worked to death in the salt mines; women were more likely to become domestic servants and/or concubines. Some estimates put the total number of enslaved Europeans at a million or more. True, this is paltry compared to the numbers of Africans enslaved by Europeans, but the size and population of Africa greatly dwarfed Renaissance Europe as well. The demographic impact was locally significant, and the psychological impact far greater. At the time Locke wrote his groundbreaking work on representative democracy, the Second Treatise of Civil Government, Algiers was a destination of horror. A captain who consistently steered towards Algiers was one who endeavored to sell his passengers and maybe crew into slavery. And in such a case, says Locke, the passengers would have every right to join together to overthrow that captain and steer for a safer harbor, rather than meekly wait until they arrived at the shores of slavery to act.

Locke used this image to describe the relations between free citizens and their leaders. Citizens, he argues, do not have to wait until their government has robbed them of their freedom and livelihoods before resisting oppression. If they see that creeping despotism is threatening to reduce them to bondage, they can act to prevent it. But at what point? What is the progression of authoritarianism whereby a representative civil government morphs into something working not for the good of the people, but only for the ruled? When does the government become the enemy?

Today’s “conservatives” write and speak as if government is always the enemy, perhaps the only enemy of the people. John Locke would agree with Ayn Rand’s repeated assertion that “No human rights can exist without property rights.” And he might approve her claim that “the rational interests of men do not clash,” if that is interpreted to mean that all people live naturally under the law of Reason.[1] But he would disagree with her equation of government and criminality. For example, Rand equates Medicare with armed robbery and murder, saying the only difference is the number of victims and beneficiaries.[2] More generally, Rand argues:

 

 

Criminals are a small minority in any age or country. And the harm they have done to mankind is infinitesimal when compared to the horrors—-the bloodshed, the wars, the persecutions, the confiscations, the famines, the enslavements, the wholesale destructions—-perpetuated by mankind’s governments. Potentially, a government is the most dangerous threat to man’s rights; it holds a legal monopoly on the use of physical force against legally disarmed victims. When unlimited and unrestricted by individual rights, a government is men’s deadliest enemy.[3]

 

 

 

To Rand, the vast majority of governments are nothing more than gangs of robbers, to which anarchy would be preferable. The only exception she sees is pre-New Deal United States, where, she claims, individual property rights were respected and government existed only to protect those rights. Leaving aside the historical simplification (such as the omission of slavery), we can see her vision of the “moral” state: an absolute minimalist government, run on fees for services instead of taxation by force, solely existing to provide a marketplace for individuals to trade goods and services with one another without interference from criminals or invaders. There is no such thing as “the public” or “public interest;” there are only individuals.[4]

[1] Ayn Rand, The Virtue of Selfishness (New York: Penguin Group USA, 1964) p.34

[2] Rand, pp. 95-96

[3] Rand, p. 115

[4] Rand, p. 103

Finding Our Father and Loving Our Mother: How Humility Can Contribute to an Understanding of Ecological Theology

January 18, 2018

This is the working draft of a paper I am preparing for a local Earth Day conference, but see no reason to wait until then to start a conversation.

 

 

Finding Our Father and Loving Our Mother: How Humility Can Contribute to an Understanding of Ecological Theology

 

 

Abstract:    In this paper I shall discuss the concept of humility, as discussed by Augustine of Hippo, Søren Kierkegaard and Diogenes Allen. In the Augustinian tradition, pride is the original and deadly sin, from which all others derive; humility is the cardinal virtue of not thinking more of oneself than is the truth. Through Kierkegaard and Allen, this theological virtue becomes an epistemological virtue as well, providing a basis for ways to think about the environment beyond the man/property/wilderness framework often found in fundamentalist theologies and libertarian economic ethics. Finally, I shall use the concept of humility to analyze and critique the environmental pronouncements and policies of my own religious tradition, the Presbyterian Church (USA).

 

 

The 18th century philosopher Johann Georg Hamann (1730-1788) once said that the fundamental mistake of modern theologies was their tendency to take over the dominant philosophies of their day, and try to talk about God based on those constraints. The problem in Hamman’s eyes was that these philosophies began from a more or less atheist starting point; building on this flawed foundation, any theological edifice was bound to be unstable. At the risk of anachronism, I would claim that much of 20th century Protestant American Fundamentalism falls into this trap. The philosophical foundation for writers such as Rousas Rushdoony and Jerry Falwell is a libertarian political philosophy rooted originally in John Locke. Locke’s philosophy, particularly as laid out in his Second Treatise on Civil Government, profoundly shaped the thinking and the direction of the American independence movement, and it would not be an exaggeration to say that he was the grandfather of the American Revolution. His thinking influences our culture still in ways most of us scarcely realize, and I am grateful for most of it. But when it comes to environmental thinking, his thought is unhelpful and, in its current incarnations, downright dangerous. I want here to briefly survey how Locke’s views on property and nature affect much American thought, including Fundamentalist theology. Next, I want to go back to the Augustinian tradition, and look at how the Augustinian concepts of pride and humility can give us a new starting point for discussing our relationship with nature. In particular, I will be discussing the book Finding Our Father, written by one of my favorite professors in seminary, Diogenes Allen. I will be writing this primarily as an exercise in or examination of Christian theology, but I hope the treatment will be interesting and helpful for others as well.

In his Second Treatise on Civil Government, John Locke lays out some very radical political theories. Having argued in the first treatise against the divine right of kings, in the second he argues that political power is in fact the expression of the will of the majority of the people. A nation, he says, is a group of people who have agreed to live together and work together to solve their disagreements peacefully and to protect each others’ life, liberty and property. They achieve this by creating a government which therefore ought to include representatives chosen by the people to make decisions on behalf of the rest, and who are subject to replacement by popular vote. In an era where the people were often treated as property of the monarch as much as the land they farmed was, the idea that the king, courts and Parliament existed to serve the people and carry out their will was quite literally revolutionary: it was born in response to the English Civil War and the Glorious Revolution, and it led to the American Revolution a generation later. Instead of considering individuals first as subjects ruled by others, Locke said each was essentially the ruler of himself or herself. No rational being owned another; rather, each owns his or her own body. Nature, by contrast, is not consciously rational, so natural resources such as water, fruit trees in the forest and so on are unowned, or common property. But if some person adds his or her own effort to the natural object, say by gathering the apples from the tree into a basket, then that formerly unowned resource is not a mixture of the natural and the efforts of some person’s body, and thus becomes by extension that person’s private property. Whenever a human shapes or changes nature, that human adds a little of his or her own body to it, and it becomes private property.

Locke does have some constraints on this natural acquisition. Importantly, he said that no one has a right to more of anything than he or she can use before it spoils. It would be irrational, a violation of the law of Reason which rules even in nature, for one person to gather all the food and hoard it until it spoils while others starve. But essentially, Locke treats the natural world as having worth only as it affects humans. People turn nature into property, and have an inalienable right to do so. Locke’s Second Treatise had a powerful influence on America’s Founding Fathers, and his philosophy both explicitly and covertly influenced our culture and still does. Explicitly, it shaped the Declaration of Independence, and Locke’s idea for a tripartite government is the foundation of our Constitution’s division into executive, legislative and judicial branches. Less explicitly, his views of property were very congenial to colonial and frontier farmers/plantation owners, justifying their wholesale conversion of wilderness to private farmland. Locke basically assumed that Nature was inexhaustible, an idea that was questionable on the British island but which seemed obviously true to the Englishmen and later Americans looking west towards apparently limitless horizons. And even today, this view of Nature is powerful, particularly in the business community: nature is raw material, and essentially limitless, unless pesky regulations get in the way.

Locke often used religious language in his political writing, referring to the law of Nature, Reason and the will of God more or less interchangeably. This made it easy for later American religious conservatives to take over his philosophy and incorporate it more or less unaltered into such theologies as Christian Reconstructionism. This represents a major and important misunderstanding of Locke’s thought, one that in turn delegitimizes this entire theological project. In his primary theological work, The Reasonableness of Christianity, Locke argues that the true heart of Christianity is a moral monotheism. He has no real use for miracle stories, or the idea that one guy could die for the sins of others; his religion and thus his God is philosophical, ethical, and like the title says, reasonable. But at least since Rousas Rushdoony and continuing through Falwell and others, as well as countless Evangelical Protestant preachers, this idea that humans have a “divine” right to treat nature as an inexhaustible source of human wealth has been treated as an Eleventh Commandment: Thou shalt not hinder private property. For Locke, saying this was divine law was the same as saying it is reason’s law; thus, we can use reason to interpret it. For some conservative Christians, the “law of God” is more like the absolute eternal pronouncement of the Divine Lawgiver, so far beyond all human reason that even to hint that we might be harming the Earth is literally said to be rebellion against the LORD. Not only is Nature treated as an unlimited resource with value only as human property, but to say otherwise is, in some theological circles, literally a sin. And while this attitude is not the majority opinion of religious people, it has an outsized influence on American politics through the influence of well-financed lobbyists and media organizations supporting and supported by religious celebrities and mega-congregations.   Returning to Hamann’s observation, rather than start with a religious standpoint, derive their ecological theology from that and then dialog with American culture, a large swath of American fundamentalism adopted a humanistic attitude towards nature derived from Locke’s views on property as these were expressed through American culture and particularly American business culture; then, tacking on a fundamentalist Divine Commander to the rationalist foundation, they derived a theological approach to Nature that severely limits what religion can say to humans that they are not already happy to say to themselves. There can be no prophetic voice when the theology is merely an echo of the interests of economic and political powers.

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.

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