CHAPTER TWOThe Perils of Power
The New Deal, Dean Acheson wrote approvingly in a book calledA Democrat Looks At His Party, “conceived of the federal government as the whole people organized to do what had to be done.” A year later Mr. Larson wroteA Republican Looks At His Party, and made much the same claim in his book for Modern Republicans. The “underlying philosophy” of the New Republicanism, said Mr. Larson, is that “if a job has to be done to meet the needs of the people, and no one else can do it, then it is the proper function of the federal government.”
Here we have, by prominent spokesmen of both political parties, an unqualified repudiation of the principle of limited government. There is no reference by either of them to the Constitution, or any attempt to define the legitimate functions of government. The government can do whateverneedsto be done; note, too, the implicit but necessary assumption that it is the government itself that determineswhatneeds tobe done. We must not, I think underrate the importance of these statements. They reflect the view of a majority of the leaders of one of our parties, and of a strong minority among the leaders of the other, and they propound the first principle of totalitarianism: that the State is competent to do all things and is limited in what it actually does only by the will of those who control the State.
It is clear that this view is in direct conflict with the Constitution which is an instrument, above all, forlimitingthe functions of government, and which is as binding today as when it was written. But we are advised to go a step further and ask why the Constitution’s framers restricted the scope of government. Conservatives are often charged, and in a sense rightly so, with having an overly mechanistic view of the Constitution: “It is America’s enabling document; we are American citizens; therefore,” the Conservatives’ theme runs, “we are morally and legally obliged to comply with the document.” All true. But the Constitution has a broader claim on our loyalty than that. The founding fathers had areasonfor endorsing the principle of limited government; and this reason recommends defense of the constitutional scheme even to those who take their citizenship obligations lightly. The reason is simple, and it lies at the heart of the Conservative philosophy.
Throughout history, government has proved to be the chief instrument for thwarting man’s liberty. Governmentrepresents power in the hands of some men to control and regulate the lives of other men. And power, as Lord Acton said,corruptsmen. “Absolute power,” he added, “corrupts absolutely.”
State power, considered in the abstract, need not restrict freedom: but absolute state power always does. Thelegitimatefunctions of government are actually conducive to freedom. Maintaining internal order, keeping foreign foes at bay, administering justice, removing obstacles to the free interchange of goods—the exercise of these powers makes it possible for men to follow their chosen pursuits with maximum freedom. But note that the very instrument by which these desirable ends are achievedcanbe the instrument for achieving undesirable ends—that government can, instead of extending freedom, restrict freedom. And note, secondly, that the “can” quickly becomes “will” the moment the holders of government power are left to their own devices. This is because of the corrupting influence of power, the natural tendency of men who possesssomepower to take unto themselvesmorepower. The tendency leads eventually to the acquisition ofallpower—whether in the hands of one or many makes little difference to the freedom of those left on the outside.
Such, then, is history’s lesson, which Messrs. Acheson and Larson evidently did not read: release the holders of state power from any restraints other than those they wish to impose upon themselves, and youare swinging down the well-travelled road to absolutism.
The framers of the Constitution had learned the lesson. They were not only students of history, but victims of it: they knew from vivid, personal experience that freedom depends on effective restraints against the accumulation of power in a single authority. And that is what the Constitution is:a system of restraints against the natural tendency of government to expand in the direction of absolutism. We all know the main components of the system. The first is the limitation of the federal government’s authority to specific, delegated powers. The second, a corollary of the first, is the reservation to the States and the people of all power not delegated to the federal government. The third is a careful division of the federal government’s power among three separate branches. The fourth is a prohibition against impetuous alteration of the system—namely, Article V’s tortuous, but wise, amendment procedures.
Was it then aDemocracythe framers created? Hardly. The system of restraints, on the face of it, was directed not only against individual tyrants, but also against a tyranny of the masses. The framers were well aware of the danger posed by self-seeking demagogues—that they might persuade a majority of the people to confer on government vast powers in return for deceptive promises of economic gain. And so they forbade such a transfer of power—firstby declaring, in effect, that certain activities are outside the natural and legitimate scope of the public authority, and secondly by dispersing public authority among several levels and branches of government in the hope that each seat of authority, jealous of its own prerogatives, would have a natural incentive to resist aggression by the others.
But the framers were not visionaries. They knew that rules of government, however brilliantly calculated to cope with the imperfect nature of man, however carefully designed to avoid the pitfalls of power, would be no match for men who were determined to disregard them. In the last analysis their system of government would prosper only if the governed were sufficiently determined that it should. “What have you given us?” a woman asked Ben Franklin toward the close of the Constitutional Convention. “A Republic,” he said, “if you can keep it!”
We have not kept it. The Achesons and Larsons have had their way. The system of restraints has fallen into disrepair. The federal government has moved into every field in which it believes its services are needed. The state governments are either excluded from their rightful functions by federal preemption, or they are allowed to act at the sufferance of the federal government. Inside the federal government both the executive and judicial branches have roamed far outside their constitutional boundary lines. And all of these things have come to pass withoutregard to the amendment procedures prescribed by Article V. The result is a Leviathan, a vast national authority out of touch with the people, and out of their control. This monolith of power is bounded only by the will of those who sit in high places.
There are a number of ways in which the power of government can be measured.
One is the size of its financial operations. Federal spending is now approaching a hundred billion dollars a year (compared with three and one-half billion less than three decades ago.)
Another is the scope of its activities. A study recently conducted by theChicago Tribuneshowed that the federal government is now the “biggest land owner, property manager, renter, mover and hauler, medical clinician, lender, insurer, mortgage broker, employer, debtor, taxer and spender in all history.”
Still another is the portion of the peoples’ earnings government appropriates for its own use: nearly a third of earnings are taken every year in the form of taxes.
A fourth is the extent of government interference in the daily lives of individuals. The farmer is told how much wheat he can grow. The wage earner is at the mercy of national union leaders whose great power is a direct consequence of federal labor legislation.The businessman is hampered by a maze of government regulations, and often by direct government competition. The government takes six per cent of most payrolls in Social Security Taxes and thus compels millions of individuals to postpone until later years the enjoyment of wealth they might otherwise enjoy today. Increasingly, the federal government sets standards of education, health and safety.
How did it happen? How did our national government grow from a servant with sharply limited powers into a master with virtually unlimited power?
In part, we were swindled. There are occasions when we have elevated men and political parties to power that promised to restore limited government and then proceeded, after their election, to expand the activities of government. But let us be honest with ourselves. Broken promises are not the major causes of our trouble.Keptpromises are. All too often we have put men in office who have suggested spending a little more on this, a little more on that, who have proposed a new welfare program, who have thought of another variety of “security.” We have taken the bait, preferring to put off to another day the recapture of freedom and the restoration of our constitutional system. We have gone the way of many a democratic society that has lost its freedom by persuading itself that if “the people” rule, all is well.
The Frenchman, Alexis de Tocqueville, probablythe most clairvoyant political observer of modern times, saw the danger when he visited this country in the 1830’s. Even then he foresaw decay for a society that tended to put more emphasis on its democracy than on its republicanism. He predicted that America would produce, not tyrants but “guardians.” And that the American people would “console themselves for being in tutelage by the reflection that they have chosen their own guardians. Every man allows himself to be put in lead-strings, because he sees that it is not a person nor a class of persons, but the people at large that hold the end of his chain.”
Our tendency to concentrate power in the hands of a few men deeply concerns me. We can be conquered by bombs or by subversion; but we can also be conquered by neglect—by ignoring the Constitution and disregarding the principles of limited government. Our defenses against the accumulation of unlimited power in Washington are in poorer shape, I fear, than our defenses against the aggressive designs of Moscow. Like so many other nations before us, we may succumb through internal weakness rather than fall before a foreign foe.
I am convinced that most Americans now want to reverse the trend. I think that concern for our vanishing freedoms is genuine. I think that the people’s uneasiness in the stifling omnipresence of government has turned into something approaching alarm. But bemoaning the evil will not drive it back, and accusingfingers will not shrink government.
The turn will come when we entrust the conduct of our affairs to men who understand that their first duty as public officials is to divest themselves of the power they have been given.It will come when Americans, in hundreds of communities throughout the nation, decide to put the man in office who is pledged to enforce the Constitution and restore the Republic. Who will proclaim in a campaign speech: “I have little interest in streamlining government or in making it more efficient, for I mean to reduce its size. I do not undertake to promote welfare, for I propose to extend freedom. My aim is not to pass laws, but to repeal them. It is not to inaugurate new programs, but to cancel old ones that do violence to the Constitution, or that have failed in their purpose, or that impose on the people an unwarranted financial burden. I will not attempt to discover whether legislation is ‘needed’ before I have first determined whether it is constitutionally permissible. And if I should later be attacked for neglecting my constituents’ ‘interests,’ I shall reply that I was informed their main interest is liberty and that in that cause I am doing the very best I can.”