December 17, 2003
PERILOUS TIMES:
The Perils of Republics (Lucy Sullivan, Autumn 1998, Policy)
Why did democracy, when enacted in its purest form as the will of the people untrammelled by traditional power and authority, degenerate so readily into demagogy? Two intertwining lines of explanation are offered by the most interesting of this new group of philosophers, and they hinge on the source of political authority and the problem of unanimity in the people’s will.Marcel Gauchet, Bernard Manin and Pierre Manent explore the problem of the ‘empty seat’ of power created in the modern world by the removal of the authority of monarch and religion. Gauchet develops the idea that traditional societies were given stability by the role of religion, as an authority outside the disputable affairs of men, which was deferred to as unquestionable. In late eighteenth century France, with the overthrow of both religion and its surrogate, the monarchy, and the advent of the republic, the state replaced religion as the exogenous (external, overarching) power, deriving its authority from beliefs in the autonomy of the individual. But because, in a republic, the state is seen to represent the people’s will, and is therefore sovereign, it can be concluded that no individual has the right to defect from its authority. This is why the modern nation has tended to totalitarianism as well as to democracy.
Manin arrives at a similar conclusion by a different route. The democratic ideal of the will of the people as the only legitimate source of power creates immediate problems of political practice, if each individual is to exercise personal freedom. Manin diagnoses eighteenth and nineteenth century liberal theories of justice as attempting to answer the question: How can we establish a political and social order based on the free will of the individual? The answer was a presupposition of unanimity of will in the political sphere. In practice this does not occur, and the practicalities of government require its relinquishment, again making the reach of authority problematic, and requiring the acceptance of compromise. But as a principle, the belief in unanimity is a powerful tool of totalitarianism which allows dissidence to be seen as disrupting the unity of ‘the people’ and their rightful rule. [...]
Let us now look at the position of the United States, a stable republic, in this development. Unlike the French republic, the American republic did not overthrow religion as a source of authority in the conduct of its citizens’ lives. De Tocqueville, in the nineteenth century, argued that religion, although unattached to monarchy, was an essential feature of democracy in America. Thus the religious fundamentalism of America, deplored for its personal restrictiveness when viewed from within the tolerance of constitutional monarchies, has provided for the United States the exogenous dimension which defends republics from totalitarianism.
The American Bill of Rights and its separation of powers, devised as defences against dictatorial law-making, may have been less important in this respect than has been supposed. With the secularisation of the ruling classes, a judiciary has appeared which feels free to remake the Bill of Rights in its own image, promoting levels of individual choice in transiently fashionable directions previously debarred by religion, which disrupt the stability of tradition. Its innovative judgements are delivered as representing the will of the people when, free as judges are of the constraints of deliberative representative assembly, they have no real claim to even this authority. The Bill of Rights exacerbates rather than protects against this new sovereignty of individual rights.
Thus we will have to go back, seizing power usurped by the judiciary and restoring the authority of religion, if we are to forward a free nation. Posted by Orrin Judd at December 17, 2003 8:18 AM
Separation of powers is NOT in the Bill of Rights. It is embodied in the Constitution, and the concept of separation of powers was deemed sufficient by Benjamin Franklin and James Madison to provide protection against the tyranny of the state.
The bill or rights was an afterthought, promised to those on the fence with respect to ratification. Many people, including Patrick Henry, objected to any enumeration of rights, arguing, in retrospect correctly, that others would argue that the listed rights were the only ones secured by the Constitution.
Many constitutions including that of the Soviet Union went on for pages with enumerated rights, an enumeration that was obviously meaningless.
Separation of powers on the other hand is the bulwark of our liberties. One way to make that clear to the judicial activists would be for the Massachusetts Legislature to tell the Massachusetts Supreme Court to stick it.
Posted by: Earl Sutherland at December 17, 2003 8:44 AMQuite right, though the Bill of Rights does fence off some rights from the exercise of power by the Feds at all.
Posted by: oj at December 17, 2003 8:54 AMLike the right to free political speach?
Posted by: Uncle Bill at December 17, 2003 9:59 AMYes, that's where restraining the Court comes in.
Posted by: OJ at December 17, 2003 10:05 AMThe Republic has long been over,America today is tribalized and governed via a spoils system based on identity group membership.The constitution and bill of rights are absracts trotted out as fig-leafs to justify whatever is trendy.We keep them around for the same reason the Romans kept the senate,it provided a facade of traditionalism to legitimize the state.
"Yes, that's where restraining the Court comes in"
How?
Posted by: M. at December 17, 2003 11:00 AMOJ, restore the authority of which religion?
Posted by: Robert D at December 18, 2003 1:22 PMI thought that Truth wasn't a matter of choice? Or is that no longer necessary?
Posted by: Robert D at December 19, 2003 12:49 AMRobert:
The Truth doesn't change just because people choose not to follow it.
Posted by: OJ at December 19, 2003 1:01 AMThe Truth is not determined by a community's choice. What you are arguing for is multi-culturalism - truth is relevant to the norms of the community. If I were religious, I would accuse you of idolatry for your worship of the community. The Truth doesn't much care what communities think.
Posted by: Robert D at December 19, 2003 2:03 AMRobert:
Not all communities will arrive at the truth. San Francisco, as you point out elsewhere, is largely godforsaken. Yet there's no reason it can't be part of America. Just let other Americans protect their own communities from such debased moral standards.
Posted by: oj at December 19, 2003 8:31 AM