Wednesday, July 4, 2012

America's Own System Of Government Is Once Again Bumping Up Against The Limits Of Its Own Legitimacy

So says Jerry Bowyer for Forbes, here:

If you are a patriotic American, you believe that there are circumstances under which it is right to take up arms against your own government. ...


[T]he rationale for the existence of the nation known as the United States of America, which first appeared in print 236 years ago today, is entirely dependent on the premise that there are indeed times “…when in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another ..."

In short, the Declaration and the principles on which it is based are the foundational ideas of our Republic. One can deny their truth, but one cannot deny their legal authority.

This implies something very important: No governmental official can deny the right of the people to dissolve the political bands which tie them to a tyrannical government without at the same time denying the Declaration and, by extension, the Constitution on which his own power is based. If he says, “The Declaration no longer applies; you must obey my authority no matter what.” We can rightly reply, “If the Declaration no longer applies, then the government of which you are a part no longer possesses legitimacy; which means you have no authority in the first place and therefore have no right to demand that we obey.”

This would be a useful discussion of this issue except that it leaves out a little period known as 1861-1865.

The claims of the unitary state advocated by Lincoln were enforced at that time most bloodily, precisely by appealing to the Declaration of Independence and its language of liberty and equality. Lincoln's reasoning divined a higher obligation in the Declaration and used it to deny the right of states to dissolve the political bands which joined North and South.

We are still living today with the sorry effects of this divided reading of the Declaration by Lincoln, where once sovereign States repeatedly plead their case to a Supreme Court and demonstrate their servility as they wheedle for a nearly forgotten liberty.

That Lincoln's reading was ahistorical is proven by nothing if not by the writing of the Constitution itself, which would not have talked of negroes as 3/5 of a person if Americans at the time, just a few short years distant from 1776, really believed in the primacy of principles for political economy as Lincoln did.

Lincoln's reading of the Declaration was ahistorical because it was an ideological reading from a looming ideological age which did violence to the Declaration's other parts and set it to war against itself instead of against tyrannical monarchy. America had had limited and divided government, separation of powers, and similar artifices precisely designed to short-circuit the natural tendency in man toward the despotism of ideology until Lincoln came along and refounded the country on the unitary principles of equality and liberty.

Until Lincoln, the Declaration had been an expression of a philosophical and Protestant insight that human beings are sold under sin, an evil tyrant, whose political analogue is despotism. Without strenous preparations against it, all hell breaks loose. With Lincoln, self-restraint was thrown to the winds and hell is what we got.

The sad truth about Independence Day 2012 is that most Americans no longer hold these truths to be self-evident. Slavery is the future because it is already present, and no amount of verbal wizardry can replace what faith makes prerequisite.

Abraham Lincoln took up arms against his own government, and won. And he's still winning.