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“A Republic, If You Want It”

On heels of the President’s State of the Union and a budget proposal by the White House that predicts a record $1.6 trillion budget deficit for the fiscal year that ends September 30, I’d like to highlight this interesting National Review article, “A Republic, If You Want It” by Matthew Spalding who explains why it is that “the Left’s overreach invites the Founders’ return.”


O
ur federal government, once limited to certain core functions, now dominates virtually every area of American life. Its authority is all but unquestioned, seemingly restricted only by expediency and the occasional budget constraint.

Congress passes massive pieces of legislation with little serious deliberation, bills that are written in secret and generally unread before the vote. The national legislature is increasingly a supervisory body overseeing a vast array of administrative policymakers and rulemaking agencies. Although the Constitution vests legislative powers in Congress, the majority of “laws” are promulgated in the guise of “regulations” by bureaucrats who are mostly unaccountable and invisible to the public.

We can trace the concept of the modern state back to the theories of Thomas Hobbes, who wanted to replace the old order with an all-powerful “Leviathan” that would impose a new order, and Jean-Jacques Rousseau, who, to achieve absolute equality, favored an absolute state that would rule over the people through a vaguely defined concept called the “general will.” It was Alexis de Tocqueville who first pointed out the potential for a new form of despotism in such a centralized, egalitarian state: It might not tyrannize, but it would enervate and extinguish liberty by reducing self-governing people “to being nothing more than a herd of timid and industrious animals of which the government is the shepherd.”

Liberty no longer would be a condition based on human nature and the exercise of God-given natural rights, but a changing concept whose evolution was guided by government. And since the progressives could not get rid of the “old” Constitution — this was seen as neither desirable nor possible, given its elevated status and historic significance in American political life — they invented the idea of a “living” Constitution that would be flexible and pliable, capable of “growth” and adaptation in changing times.

In this view, government must be ever more actively involved in day-to-day American life. Given the goal of boundless social progress, government by definition must itself be boundless. “It is denied that any limit can be set to governmental activity,” prominent scholar (and later FDR adviser) Charles Merriam wrote, summarizing the views of his fellow progressive theorists. “The modern idea as to what is the purpose of the state has radically changed since the days of the ‘Fathers,’” he continued, because ….

 

The Great Society also took the progressive argument one step farther, by asserting that the purpose of government no longer was “to secure these rights,” as the Declaration of Independence says, but “to fulfill these rights.” That was the title of Johnson’s 1965 commencement address at Howard University, in which he laid out the shift from securing equality of opportunity to guaranteeing equality of outcome.

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