Why Not Freedom of Political Association?
by
Michael S. Rozeff
by Michael S. Rozeff
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My thesis is
simple. If we have freedom of religion, which in turn stems from
freedom of association, then why do we not also have freedom of
political association? Why do we not also have freedom of politics?
The Constitution
of the U.S.A. says "Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof..."
Thomas Jefferson supported
freedom of religion strongly. Freedom of religion is an American
ideal. Why not make freedom of politics an ideal too?
Freedom of
religion is not perfect in America. There are problems of tax-exemption,
speech, and incorporation. But I think we can agree that, to a very
high degree, we have freedom of religion in this country. We do
not have freedom of politics, however.
If we have
freedom of religion, why shouldn’t we have freedom of politics?
If a man or a woman can freely choose religion or no religion at
all, why can’t a man or a woman freely choose what political system
to participate in or choose no political system at all?
An individual
can enter a church, and he can leave a church. He can do this without
leaving the country in which he was born. In entering a church,
he is freely choosing with whom to associate. He is freely choosing
his method of worship. Freedom of religion is an implication of
freedom of association.
The First Amendment
of the Constitution does not explicitly guarantee freedom of association.
But freedom of association is a necessary condition for freedom
of religion and freedom to assemble and freedom to petition the
government. The First Amendment presumes freedom of association.
Otherwise the other freedoms that it mentions are vacuous. The Supreme
Court of the U.S. has ruled that freedom of association is essential
to free speech. Indeed, much of the rest of the Constitution makes
no sense unless there is freedom of association. How could there
even be a "We the people" unless the people associated?
How could this "We the people" even express itself unless
the people associated? What meaning would this association have
unless it were free?
Whether or
not the people actually freely associated in devising and approving
the Constitution is another matter. That the concept of free association
is a necessary condition for that document to have any meaning at
all is indisputable.
Freedom of
association is a basal freedom. It is indispensable, substratal,
elemental, and essential. It is necessary to other freedoms such
as freedom of religion. If we support freedom of association, it
follows that we must support freedom of religion.
But if we support
freedom of association, then it follows that we must support freedom
of political association, or freedom of politics. Religious association,
political association – what is the difference?
Do we have
freedom of political association? Do we have freedom of politics?
Most assuredly, we do not. While there are very many religions and
churches, there is but one political system in the U.S. One cannot
enter a political system within the U.S. and leave that system to
join another at will. One can play the political game within the
U.S. only within the U.S. system. It is as if there were a single
church. One may choose a red pew or a blue pew, but one may not
leave that church to set up another church. One must leave the country
altogether in order to participate in another political system.
But there is no earthly reason why a person should have to leave
the place of his birth and leave his family, job, and relationships,
in order to select another political system.
If we revere
freedom, then we revere freedom of association. And if we have freedom
of association as a precondition to freedom of religion, then we
have it for freedom of politics too. If we are not able to exercise
that freedom of political association, it is because we are being
prevented from doing so. Oddly enough, the Constitution does not
clearly and explicitly support freedom of political association.
It established the monopoly political system that we have, but it
left secession, which is an act of free political association, in
doubt. The War for Southern Independence put the actual realization
of freedom of association to the test. The U.S.A. failed the test.
The war determined that there shall not be freedom of association
in politics within the U.S.A. Brute force is the standing and existing
cause (I would not call it a reason) why we do not have freedom
of politics.
Freedom of
religion brings a measure of peace to this country. We tolerate
each other’s religions, even as we criticize each other, debate
each other, and attempt to convert each other. We have a peace treaty
on the matter (sometimes violated). We do not make religious conflict
a centerpiece of our lives. We know that if we did, we’d be the
worse for it. Where religious conflicts come to a boil is actually
through and because of our political system that disallows freedom
of political association.
Freedom of
politics should equally well be an ideal for us. It too would bring
a measure of peace to America. With only a single political system,
majorities are invariably suppressing minorities. We fight over
religious matters. We fight with each other for income and wealth
transfers arranged through this single political system that claims
the right to tax everyone, willy-nilly, whether we agree with the
uses of those taxes or not, according to arcane rules handed down
in distant halls that defy justice and simple understanding because
they are arranged for reasons of power and privileged gain.
With only a
single political system, we are all herded into one place of political
worship. We cannot walk out of the Iraq War or the War on Drugs
or any other of the system’s constant wars, not unless we are prepared
to live in Italy, New Zealand, Costa Rica, or some other distant
land. We are a captive political clientele.
We do not have
freedom of political association. If we did, it would mean the end
of the U.S.A., that is, the State that is the dominant political
apparatus of this vast country. It would mean that we would be able
to form much smaller political associations. That would not rule
out those larger associations that we might find beneficial and
wish to construct, but these would be optional and voluntary. Just
as churches amalgamate and federate voluntarily, there is no reason
why smaller political associations could not do the same for particular
purposes.
Freedom of
politics means that our political associations become subject to
that process that is an essential ingredient of freedom of association,
namely, voluntary exit. And voluntary exit is the ultimate
check and balance that really works! The Framers set about concocting
checks and balances within the Constitution. They established a
monopoly political system and toned down its possible excesses by
internal checks and balances. They confined the nation to that system
in 1787 and we have been confined ever since. The check and balance
of voluntary exit takes people and money out and away from a system
that people believe is not acting in their interests. What better
and faster and more responsive check could there be than such an
expression of personal preferences? Exit constrains a system that
is performing under par. It tells the underperforming political
system to shape up or continue losing support. With voluntary exit,
the system no longer has a captive clientele who have nowhere else
to run.
Freedom of
religion provides an appropriate model for freedom of politics.
Our experience with freedom of religion has been successful at defusing
tensions, because the underlying theme is freedom of association
with its safety valve of voluntary exit. People who disagree can
go off on their own and live according to their own ways. So also
our experience with freedom of politics can succeed.
Freedom
of political association does not mean merely the right to associate
and then take part in the government of the monopoly State, although
such a meaning is preferable to a situation where there is but a
single political party. Such a limited right constrains the individual
to a single politics, a single political system, and a single State.
Freedom of politics means the right to choose one’s political system
altogether. And that spells the end of the monopoly political State
as we know it.
January
22, 2008
Michael
S. Rozeff [send him mail]
is a retired Professor of Finance living in East Amherst, New York.
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© 2008 LewRockwell.com
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