Showing posts with label Limited Government. Show all posts
Showing posts with label Limited Government. Show all posts

Wednesday, January 15, 2020

What happened to consent of the governed?


I am thankful that throughout my life my interaction with the administrative state has been confined to the routine. Obtaining a driver’s license, filing taxes, and filing my marriage license.

Recently I have had a friend get caught up in the administrative state. I won’t go into details but essentially it boils down to an administrator acting as judge and jury for the rules and regulations their administration created and executing those decisions.

These decisions impacted my friend’s personal life on a level to which the government was never meant to interfere. This administrative agency combines the powers of the judiciary, the legislature, and an executive, yet remains un-elected and largely unaccountable to the people.

Consent of the Governed
 
In the American system of government the consent of the governed is obtained through voting for representatives. These representatives are imbued with a part of the power of each individual person through an election.

These representatives, imbued with this power, create laws and administer various functions of the government. If the people believe their representative is doing a bad job, lacks sufficient character, or they generally do not like the person they are free to select a new representative when their term is up.

These representatives must repeatedly return to the people to renew this consent to represent them. This means that representatives are accountable to the people they represent and only have power in so far as it has been granted to them by the consent of the people.

The Loss of Consent

The administrative state does not operate with the consent of the governed. Instead they claim their authority from expertise. This allows administrators to remain insulated from the ‘dirty business’ of politics. This insulation from the consent of the governed was not produced by accident, but rather a key feature of the Progressive system of politics and administration.
 
The Progressives believed that if they could empower experts and remove them from having to deal with running for elections, then those experts would be able to make the right decisions and could use the power of the government to solve the problems of their time.

In order to achieve this, Progressives needed to reject the ideas of the Founders. Chiefly the ideas of the consent of the governed and the separation of powers. By ‘freeing’ experts from politics to focus on administration, they dispensed with the consent of the governed.

Unification of Powers

The Progressives believed that the separation of powers was both inefficient and irresponsible. They thought it was inefficient because it would take a long time to get anything done. They considered it irresponsible because it made it difficult for popular will to be translated into government action.

The solution was to combine the powers of government (legislative, judicial, and executive) into administrations headed up by experts (rational educated progressive people) who could use the power of government filtered through their expertise to solve the problems of a modern world.

We see this today in the various administrative agencies, who can make rules and regulations that have the power of laws, often are able to act as judges for disputes that arise due to those rules and regulations, and can take action to enforce rules and regulations or impose punishments on those who violate them.

At the same time the Progressives did away with the separation of powers, they focused on increasing democratization of politics. This was to amplify the power of public opinion (majority faction) in politics.

The paradox of this Progressive model of politics and administration is that while it increases the volume of public opinion in politics, it removes the power of that opinion from almost any influence it would have on administration.

Meaning the power of the administrative state is separated from the consent of the governed. Yes we get to vote for President and for Congress and for Governors but we do not get to vote for the head of the EPA. The people we vote for do not debate each other and create laws, the EPA simply produces them out of thin air.

We can voice our opinions louder and we have some impact on the administrative state but if the expert in charge of an administrative agency decides to ignore the will of the people, there is very little to almost zero recourse for the people. They do not require our consent to exercise all the powers of government, instead they claim their authority from their expertise.

Human Nature

This near worship of expertise denies something the founders understood clearly. That no matter how much of an expert any individual was, in the end they are still a human being. A human with all the same flaws, faults, interests, emotions, and capacity for good and evil as any other person.

This is why the separation of powers and the consent of the governed are so important. The consent of the governed allows the people to invest their power into another human being. They can take into account the nature of the person and decide if they are the right person to entrust with their representation. 

The separation of powers is important because it helps protect the rights of the individual (the greatest minority) and provides a tempering for the passions of the people as well as a restraint on the power of those who are entrusted with governing.

In order to have a representative government, meaning a government by the consent of the people, you must have a limited government. If the government is larger than the people than it is no longer representative of the people but represents those in government. It is not merely the size of the government that poses a problem but also the manner and structure of that government.

Our government by the consent of the governed is slipping away and instead of working to restore that limited form of government we have been more interested in fighting over who controls an ever increasingly powerful administrative state. Now is the time to make the choice, do we want the liberty to pick up the responsibility to solve the problems of our times ourselves or do we want to entrust our life, liberty and happiness into the hands of administrative experts?


Wednesday, June 6, 2018

Eight Principles to Unite the Republican Party


These are the 8 principle I think we as Republicans can all agree on. I understand that I am not the ultimate authority on these subjects, but this is my attempt to explain and articulate these ideas.

Through conversation and further reading and thought these ideas will evolve, but I will be aiming at seeking the truth of these principles. While I might not always get everything correct I have faith that if I employ the guiding light of truth I will at least be able to move in the right direction.

The Importance of Agreed Principles

Possessing a set of agreed principles produces many benefits to any type of association, from a family to a nation. It provides a common narrative and language that can unite people.

If you look at a company or industry you will quickly discover they have their own type of language. They may employ the language native to the country, so any speaker of that language could understand, generally speaking, the words being used. But certain terms and words will have different meaning than the common usage.

Language is more than just words, it is the meaning behind those words. It is this shared meaning that generates the narrative that binds a group together. Take a look at the word Racism. For most people racism means something like discrimination or hatred of a group of people based on race. To others it means power plus privilege.

To those with the first meaning, the narrative is that anyone can be racist by simply hating a group of people based on the immutable characteristic of race. The narrative of the second meaning only allows those who possess power and privilege to be racist. If someone or some group lacks either of those characteristic they are incapable of being racist.

Both groups would probably agree that racism is bad, but they will find themselves at odds because they do not share the same narrative of what is racism. The power plus privilege narrative allows those who believe in it the justification for hating groups of people if it is done by those who are viewed to lack power and/or privilege.

Those who follow the first narrative will see any hatred of a group of people based on race as racism, even if it is done by those who are perceived to lack power and/or privilege. This is why agreed principles, meaning a shared narrative, is so important.

The Republican Party has lost the sense of what it means to be a Republican. This is due to a loss of First Principles, grounding ideals that we all agree on and unite us.

Currently the slightest disagreement results in someone being called a RINO (Republican in Name Only) or not a real Republican. My hope in articulating these principles is to build a foundation that can bring us all together.

Note: These principles are presented in no particular order and are up for disagreement and discussion.

Principle 1: Sovereignty of the Individual

One of the greatest ideas of western culture is the primacy of the individual over the group. This idea sprung out of the Judeo Christian idea that each person is created with the divine spark within them.

Each person has the freedom to live their life as they see fit as long as they are not violating the liberty of others. This places the power, and the responsibility associated with that power, on the shoulders of each person.

This idea was expressed in the Declaration of Independence when it was written “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.” Each individual consents to invest a part of their sovereign power into the government so that it can better protect the natural rights of the individual.

The individual is possessed of all natural rights, such as freedom of speech, religion, association, and self-protection. It is the choice of the individual to consent, not necessarily to agree with, to the government a part of their power so long as the government uses that power to protect and expand liberty and freedom.

When a government abuses this power, a government simply being a collection of individuals, the individuals can withdraw this consent and abolish the government and replace it with one more favorable to them. This does not mean that a violent revolution is in order, but could be done through the use of the ballot box.

Principle 2: Private Property

The idea of private property is that an individual not only owns their possessions and property but that they own themselves. This self-ownership was one of the greatest advancements in Western thought.

The natural extension of this thought was the death knell for slavery. If you as an individual own yourself than no one else can own you.

The idea that an individual can own something also lends itself to the right of privacy and the prohibition against unlawful searches and seizures. If you own something then no one has the right to take it from you without due process.

Ultimately this principle lends itself to borders. If you as an individual own something you have a right to grant or deny access to that thing or property. Taking this out farther, the state, which is a collection of individuals, can determine who is and is not allowed access to the country.

Principle 3: Fiscal Responsibility

This involves both taxation and spending. It is okay to have welfare programs as long as they work, create the desired outcome, and we have the money to maintain them. Republicanism sees debt as a pathway toward corruption and it must be avoided if a just and functioning state is to be maintained.

We know lowering taxes help the average person and boosts the economy. Money is most effectively used when the decisions are done by the individuals most invested in the outcome and success of those decisions.

This does not mean there is no role for the government to play in public works, but they should be financed as locally as possible. There is no reason the people of Utah should have to finance public works in Florida that they will never see the benefit nor will they gain personally for doing so.

So we want to keep taxes as low as possible, yet for this to be effective we have to be willing to also cut spending. Government spending is highly susceptible to corruption, contracts being awarded to friends and family members. We saw this with former Governor Kitzhaber and his girlfriend’s consulting firm.

Another way government spending gets out of control is that they are incentivized to lose. If a department is not producing results in the public sector they always claim the problem is that they did not have enough funding.

This ends up with ineffective programs increasing in size and requiring more money. The politicians who started these pet projects gain nothing by admitting they were flawed, in fact it could cost them their job. So they say the only reason it failed was due to not enough funding, often blaming the other party for obstruction of those funds.

The department heads go along with this because it looks good to run a department that is growing and it covers any wrong doing on their part.

This is simply a blame shifting tactic that has a high cost, both in terms of money and public trust. This is why government spending and programs should be as local as possible, it increases accountability and oversight by the public who is funding these programs.

Principle 4: Individual Virtue

In order to better understand this we must have a definition of what virtue is. Naturally virtue is going to have as many meaning as there are people, but for right now we are going to take it to mean doing what is morally right.

This is not a loud and publicly shared virtue but a personal and individual kind of virtue. It is not virtuous to disparage an individual because you believe they lack virtue, which is just a different type of virtue signaling.

There are a few kinds of virtue signaling. The first kind is shaming others for not being virtuous. When you do that you are implying that you possess more virtue than the person you are shaming. At that point is has become more about demonstrating publicly your virtue or the lack of virtue of another person.

The second kind of virtue signaling is the one often seen during protests. People publicly stating causes they support, not just because they think it is the virtuous thing to do, but because they are seeking praise from their peers and the public at large.

These types of virtue signaling seek to draw attention on the individual to be praised for their good deed or to punish those who seem to be less virtuous. Both are corrupting influences. The goal of virtue signaling is praise and attention, not an attempt to live a good life.

Instead virtue is trying to do what is right regardless of praise. To be clear, praise of virtue is not bad itself, but when the goal is praise or attention instead of virtue it tends to move an individual away from doing what is right to doing what is popular.

Individual virtue means that given the means and opportunity to do something wrong that you make the choice to do what is right. An example of this would be going into a convenience store that is very busy with your own coffee cup filling it up and walking out.

You could get away with this very easily and the clerk or cops probably would not do much to stop you, but morally it is still stealing. A virtuous individual would wait in line and pay for the coffee.

Principle 5: Rule of Law

In Republicanism the country is not ruled by a person or people but is under the rule of the agreed upon laws. This means that everyone, from the rich to the poor, the famous and infamous, the highest elected office and the common person, are all subject to the law.

This does not mean that all laws are just or that you have to agree with every law, but you must respect the law. If you find a law unjust or harmful, seek to change it through the legal means. We all must accept that there are going to be laws we do not like but must follow in order to maintain a functioning society.

The reason the rule of law is important is that it is a check on power. In order for it to function properly the law must be accessible and understandable by the average person. The Roman senator and historian Tacitus was correct when he observed that “The more numerous the laws, the more corrupt the government.”

When the law grows in complexity and is no longer understood by the average person, it loses its ability to check power and instead becomes a tool for the individual(s) in the position of power.

The rule of law breaks down and becomes corrupt when it is being used as a weapon to settle personal scores and vendettas as opposed to settling disputes between individuals. “In a free society the state does not administer the affairs of men. It administers justice among men who conduct their own affairs.” Walter Lippmann, An Inquiry into the Principles of a Good Society (Boston, 1937) p. 267)

Distributive justice or social justice, meaning the application of the rule of law that varies depending on perceptions of privilege, wealth, and opportunities, is a corruption of the rule of law and blind justice. F.A Hayek was correct when he wrote:

“…[T]he main difference between the order of society at which classical liberalism aimed and the sort of society into which it is now being transformed is that the former was governed by principles of just individual conduct while the new society is to satisfy the demands for ‘social justice’ –or, in other words, that the former demanded just action by the individuals while the latter more and more places the duty of justice on authorities with power to command people what to do.” F.A. Hayek The Mirage of Social Justice (1976) p. 65-66

It is this collection of power to administer justice that can corrupt the rule of law and it is the duty of the citizens to protect against that corruption.

Principle 6: Opposing and Limited Government

In order for a government to be able to perform its duties it must be invested with the power to carry out those duties. The founding fathers were aware that “power corrupts and absolute power corrupts absolutely.”

This is why they structured the government the way they did. They intended the various branches to oppose each other as a way to check one branch from gaining more power over the others.

Republicanism believes that a government is necessary to protect the rights of the individual against the mob as well as outside forces. In this line of thought a government should adjudicate disputes between individuals and protect the country from other nations.

When you allow a government more and more power over your life, you give up your freedom for a false sense of security. If a government becomes too powerful it can become a danger to its citizens as opposed to a benefit to their liberty.

This is why small federal government and active local government works best. It allows those closest to the problem to address it in the way most suitable to themselves. A government can also take up tasks the responsibilities that cannot be effectively solved by the private sector, such as monitoring drinking water and disaster relief.

Yet it should be up to the locality to determine how much of a role they want their government to take. A good rule when thinking about where to draw that line on government power is to ask yourself if you would be comfortable with those who hold opposing political beliefs to possess such power. If you answer no than to do not grant that power to the government, because at some point in the future they will be in that position and will not be shy about using that power against you.

When former President Obama was in office I heard a few of my Democrat friends remark that they wished he could just implement the policies he was advocating for. When I pointed out this was a bad idea they often dismissed me as a Republican who just opposed Obama. Yet I doubt they would be comfortable placing the power they wished for former President Obama into the hands of President Trump.

In order to secure liberty for the individual a government must be limited in its power and the best way to accomplish this goal over time is to create a government with opposing powers limited by the rule of law.

Principle 7: Civic Duty

Duty does not mean blindly following orders, but taking the responsibility to do what is needed and expected of you as part of a civilized society. This can take many forms, from military service to public office to voting.

In order to maintain freedom and liberty for individuals, those individuals must willingly accept the duty and responsibility for their own life as well as for the betterment of those around them. Take an interest in what is going on in your local community and help out where you can.

In times of war, join the army or the National Guard, and do not dodge the draft (if it is implemented). In times of peace volunteer as a firefighter, participate in jury duty, and follow the law. Be sure to stay up on current events as best you can and participate in the system by voting.

The world is a better place if everyone does what is expected of them and takes on as much responsibility as they can handle to improve the country. The amount of good and change you as an individual are capable of will amaze you once you accept your duty.

Generally speaking civic duty should never be forced but willingly accepted on an individual level. Each individual is best situated to determine how much responsibility they are willing to accept. By accepting that responsibility at an individual level the country and the world will improve as will each individuals life.

Principle 8: Inalienable Natural Rights

Human beings are possessed of inalienable natural rights, such as but not limited to free speech, freedom of association, the right to bear arms, and religious liberty. Since each individual is possessed of these rights only the individual can make the choice to give up any part of those rights.

These rights can come from God, or are simply part of the natural order of the universe. This is important because it sets those rights outside of man-made structures and orders, such as government.

Being part of a society you naturally must also give up part of your right, in the hope that by doing so your freedom will be increased. For example, an individual might willingly submit to a prohibition against yelling fire in a crowded theater, limiting free speech to protect the right to life.

These rights come from outside of man-made institutions and as such man made institution only have authority over them that the people allow. This is the social contract between the individual and the state. The state does not grant you your rights but it can negotiate limits with the individuals within the state.

Just like any other negotiation it is up to the individuals to determine what they are going to accept. This does not mean that acceptance is permanent, but the negotiation is a continuing and ongoing part of living in society.

Even if you disagree with a limit put into place, you still have the right to use your freedom of speech to seek a redress of your grievances. Remember the four boxes of liberty, the soap box, the ballot box, the jury box, and the ammo box.

This is why any sort of limit placed on natural rights should be done with a great deal of skepticism, care, and consensus. Failure to do properly consider these things will lead to conflict and both sides entrenching themselves, focusing more on winning against the other side as opposed to seeking the truth and doing what is right.

Republicanism

In the Republican Party you will find many different types of people with different ideas. This variety makes it hard to reach a consensus and agree on policy and candidates. Yet if we all hold these principles we can discuss and argue in good faith with each other knowing that we all are presenting our ideas for move toward freedom and liberty for all.

With these grounding principles we tend to fall back into our groups or tribes. As history has shown tribes fight and destroy each other and do not advance civilization forward. The Republican Party has lost this shared narrative, but if we agree on these principle, or at the very least the meaning and narrative behind them, than we can unite and be a positive force for change in this country.

I am reminded of the words of Benjamin Franklin when he was asked what kind of government have we got at the close of the constitutional convention in 1787 as he left Liberty Hall. He replied “A Republic, if you can keep it.”

A Republican system only works if the people are willing to make it work, this takes duty, responsibility, individual virtue, and respect for what has come before. Let’s rediscover our shared narrative and unite to make life better for each individual in this country by allowing them the freedom and liberty to choose their own path, their own responsibility and duty, and to live the moral life they think is best.

Edits: 6/6/18 Spelling error 'boarder' to 'borders.'