Jefferson observed that it is the tendency for liberty to yield over time and for government to grow. Benjamin Franklin commented that the Founders had built a Republic, but it was up to succeeding generations to "keep it." Those who value liberty look back at the American experience and see that the system designed by the Founding Fathers to limit the power of the federal government has mostly been eviscerated. Federalism, the enumeration of powers, the bill of rights, checks and balances among the branches of the government, etc., have at best slowed the growth of the Leviathan state. Today, there are practically no institutional restraints on federal power; the only true limitation is economic law. What went wrong? Clearly there were numerous breakdowns in the Constitutional system along the way, many well documented in the Libertarian literature. However, one could spend a lifetime of technical research and still not arrive at a completely satisfying answer to this question.
On the other hand, there is another way of answering this question which gets to the heart of Franklin's insight. In 1776, American patriots had a great distrust of their distant central government, resented the British taxes imposed upon them, and felt a loyalty to their own colonies (subsequently their states). Today, Americans live with chronic high taxes, continual warfare, horrendous government debt, and an ever-encroaching State. Yet many believe that the Leviathan state is a great advancement over the initial Republic. Among those who are less than satisfied with the status quo, most have been persuaded to believe that the deficiencies of our current system are the result of the wrong people holding power (e.g., Democrats, Republicans, Liberals, Conservatives, etc.). Only a handful recognize that our problems are systemic in nature and are the inevitable result of ceding virtually unlimited power to a centralized government. From this perspective, the question then becomes "Is there anything the Founders could have done to keep alive the spirit of 1776?" Because the bottom line is that, unless the People are sufficiently wary of and intolerant of actual and potential governmental abuses, liberty is doomed. We know that written documents cannot long sustain that necessary human awareness. Yet there is another avenue for keeping alive eternal truths and the memory of ancient experience, the phenomenon known as ritual. In the rest of this piece, I will share a few examples where the initial design has broken down and show how the creative incorporation of ritual into the Constitutional framework might have helped to keep alive the spirit of 1776.
State of the Union Address
It was quite a breakthrough in political accountability to require that the president report on the State of the Union each year. Unfortunately, over time this speech has degenerated into a long-winded infomercial describing all of the exploits of the past year and paving the way for a whole new slate of interventions. Imagine how differently Americans would respond if the president were constrained by the following required language and format:
"Tonight I share with you the State of the Union, in the manner prescribed in our Constitution. This annual address is required because our Founding Fathers placed a great value on Liberty and knew that the potential for federal usurpation of power and the resulting tyrannizing of its citizens would always be a danger, even with the democratic selection of representatives. As I swore at my inauguration, my duty is to uphold the Constitution. In my speech, I will lay out how my program is compatible with the powers enumerated in that document. In the first 10 minutes, I will present my own message. In the next 20 minutes, I will respond to the 6 most common questions and concerns submitted by the citizens of this land."
The Notion of Public Servant
Americans are constantly reminded that those in government are doing a great public service, allegedly at personal sacrifice, and that we should be very grateful for this. In reality, we see officials who secure for themselves great perks, immunity from the law, and indifference to the hardships they impose on ordinary citizens. Clearly, they have become public servants in name only, for all practical purposes. How might the Founders have prevented this unfortunate role reversal by employing the power of ritual? Well, how do we identify people who are functioning as servants? To start with, they wear uniforms which identify them as such and symbolize their subordinate status. So how about a Constitutional dress code? All presidents, lawmakers, and federal judges are to dress in a manner befitting a butler or maid, at all times while they are serving in these capacities. And these rules will need to be detailed, so as to not allow room for interpretation.
Violation of Oath of Office
The Founders were wise enough to include provision for removal of presidents. Unfortunately, this mechanism has seldom been used and, when it has been utilized, it has often been for the wrong reasons. Even a president who has been caught abusing his powers is afforded a comfortable retirement, an opportunity to write his memoirs, and the prospect of returning to public life in the role of elder statesman. Clearly, these conditions will not prevent liberty from yielding and government from growing. What follows is a partial solution to this problem, in one particularly problematic arena.
One year after he has made his case for taking the country to war and the Congress has declared war, a referendum shall be made on the question of whether or not the president has deceived the citizens into supporting the war venture. If a majority votes yes, the president will need to step down. Now what kinds of rituals might truly reinforce a consequence such as this? Hearkening back to earlier American history, the practice of tar and feathering comes to mind. Of course, religions are a great potential source of inspiration for ritual practices. How about this: 40 years of wandering in the desert might allow the ex-president ample time for contemplation of his misdeeds and also ensure that he does not return to public life!
August 10, 2005
