Category Archives: Founding Fathers

Book Review — The Cult Of The Presidency, Gene Healy

America has a love affair with the Presidency. Unfortunately, that love affair is a codependent, abusive relationship, and one in a very long string of the same. It wasn’t always this way. But to fix the problem, as with most abusive relationships, we need to fix ourselves first — ask what it is we want from a President and whether there’s ANYONE in the field, ANY year, who can provide it.

Thankfully, Gene Healy, based on his book of a few years ago, Cult Of The Presidency, can tell us why we keep picking megalomaniacs. And for a limited time, Cato is providing this therapy for free (in electronic/eBook form)!

In Cult Of The Presidency Healy provides a detailed and informative review of the [lack of] power wielded by the office of the President in the first century or so of our Republic. He then details some of the many expansions of power the office has seized, starting in the Progressive Era and moving forward through the decades and personalities to Bush’s administration, focusing on the enormous change in warmaking powers, domestic spying, and national “Father Figure” on the matters of domestic policy that the executive branch has become. Finally, he discusses many of the changes in Congress and the electoral/campaigning process that have occurred over the last century, moving from a party-elite driven process to the current national primary structure, which has changed the office and the type of person who would seek it. Finally, he offers some limited hope for a future where Americans, through nothing more than a lack of respect and trust in the office and its inhabitants, might eventually walk the nation back from what he hopes is the high water mark of executive power. But he freely admits that hope might just be wishful thinking on his part.

All in all, this was an excellent read. For as much as I try to be informed about history and civics, there was a LOT in here that was new material for me. For example, I hadn’t realized that the politicking process was so different prior to, say, the 1950’s than it is today. I had always assumed that the current system of state Presidential primary votes to nominate a candidate had been the standard for most of our history — it turns out it’s a very recent phenomenon. Much like Restoring The Lost Constitution did for me with the history of Constitutional law, the book took a topic about which many libertarians have bits and chunks of information, and much more clearly and methodically explained the changes both over time and with the specific Presidents involved.

I don’t often have anywhere near enough time to read. This is a book that I am *extremely glad* I finally got around to reading. It’s a book that I’d gladly recommend at Amazon’s Kindle price of $8.49, but with Cato giving it away for free right now, I’d suggest jumping at it immediately.

Judge Andrew Napolitano’s Final Installment of “The Plain Truth”

As most of you are aware, Judge Andrew Napolitano’s final episode of “Freedom Watch” on Fox Business Channel aired earlier this week. The segment I will miss the most is the judge’s closing monologue he called “The Plain Truth.” Here is the final installment:

Will Romney Have To Answer For Polygamy?

Over at David Friedman’s blog, he discusses the thorny position Mormon Presdential candidates (which at the time of posting included Huntsman) may face when taking a position against same-sex marriage. Many opponents of same-sex marriage use the slippery-slope argument that if two consenting gays can marry each other, why not three or more consenting adults of any gender? Most supporters of same-sex marriage are loath to acknowledge that this slippery slope is merely a logical progression of supporting freedom. [I don’t share their concern, nor does Friedman.] But as Friedman points out, it is a bit more difficult to justify a slippery-slope argument when the founders of your faith supported polygamy:

It occurs to me that this raises a potential problem for two of the current crop of Republican candidates. Neither Huntsman nor Romney supports same-sex marriage. Both are Mormons. Surely at some point some curious voter will ask one or the other for his view of polygamy. Given that they are trying to get votes from people who regard polygamy as so obviously wicked that the mere possibility of legalizing it is a convincing argument against legalizing same-sex marriage, what are they to say?

It is true that the Church of Latter-Day Saints abandoned polygamy a century or so back. But it is also true that it was founded by polygamists, throughout its early history regarded polygamy as an important part of its religion, and abandoned it only under severe outside pressure, including military occupation by the U.S. army. Can a believing Mormon really hold that polygamy is not merely a bad idea at the moment but inherently evil? Can someone unwilling to say he believes that polygamy is evil win the Republican nomination?

I can see his point… But by changing a few words, you can make a completely different point:

It is true that the United States abandoned slavery a century and a half back. But it is also true that it was founded by slaveowners, throughout its early history regarded slavery as an important part of its national economy, and abandoned it only through the bloodiest war in the nation’s history, a war fought between the states for the very continuance of the union. Can someone calling themselves a “Classical Liberal” and claiming to represent the views of the Founding Fathers really hold that slavery is not merely a bad idea at the moment but inherently evil? Can someone unwilling to say he believes that slavery is evil win the Republican nomination?

Logically, I think we’re at the same place here (although, again, I consider slavery to be inherently evil but don’t consider polygamy/polyandry to be inherently evil — as long as only occurs with full consent of all parties).

As someone who would call myself a classical liberal, or libertarian, I don’t think there’s any particular difficulty maintaining that slavery is evil while still revering the work that the Founding Fathers did to create America. Slavery is an unfortunate blight on our history. It is an affront to the values affirmed in the Declaration of Independence. Slavery was a failure of the time, and while we can’t erase it from the record, classical liberals point to the outstanding positive contributions that the Founding Fathers made implementing the ideas of Constitutionally-limited government and the rule of law in solid practice. And the very nature of the system they put into place allowed for some of their mistakes such as slavery to be rectified by the 13th Amendment (sadly, it required a war and the deaths of hundreds of thousands of men in addition).

If we wanted to break it down, there are hundreds of things we could force politicians to answer for if we took the worst of their social associations and forced them to answer for it. We don’t ask Catholic candidates whether the history of the Crusades means they’ll engage in wars of religious oppression. We don’t ask Gingrich, a Southerner, whether he plans to re-institute Jim Crow. And we accept that classical liberals can be anti-slavery without hypocrisy. If anything, the problems that Mitt Romney may face is the fact that he follows a minority religion of relatively recent origin, so the folks who believe in long-established fairy tales are already prejudiced against him with distrust. So he may face the question that Friedman brings up, but such questions — contrary to David Friedman’s implication — are unfair.

Politicians have enough problems that we don’t need to invent “gotchas” like these to ensnare them. It may be valid to ask him whether he supported the efforts of his church to spend as much money as it did on the California Prop 8 ballot measure, as it is at least current, but bringing up long-disavowed sins committed by Mormons three generations ago is completely unnecessary.

A stand-up comedian I heard once said that prejudice is simply a sign of laziness, because if you take the time to get to know someone, they’ll give you hundreds of individual reasons to hate them. The same is true of politicians; they all stink, but each has their own distinctly distasteful odor to find offensive.

Quote of the Day: Bill of Rights 220th Anniversary Edition

December 15, 2011 marks the 220th anniversary of the Bill of Rights – at least what is left of them. Anthony Gregory’s article at The Huffington Post runs through the list of violations of these precious rights from the Adams administration’s Alien and Sedition acts all the way to the present day violations of the Bush/Obama years via the war on terror. I encourage everyone to read the whole article and reflect on what these rights mean to you on this Bill of Rights Day. If you read nothing else from the article, at least read Gregory’s conclusion:

Clearly, we fall far short from having Bill of Rights that we adhere to and that was designed for our future posterity over 220 years ago. In the end, it is public opinion that most restrains political power — not words on paper, not judges, not politicians’ promises. A population that is not decidedly and passionately against violations of their liberties will see their rights stripped away. If we want to have a Bill of Rights Day worth celebrating, we must demand that officials at all levels respect our freedoms — and not let the government get away with abusing them.

Gregory is right: preserving the Bill of Rights ultimately rests with all of us.

National Defense Authorization Act Passes Complete With Indefinite Detention Provisions

Despite some valiant efforts of a handful of senators, the National Defense Authorization Act for FY 2012 passed by an astonishing 93-7 vote. Earlier today, Sen. Dianne Feinstein offered yet another amendment to the bill that would have limited the military’s jurisdiction to detain suspects captured outside the U.S.; the amendment failed by a narrower 55-45 margin.

In the first video below, Mark Kirk (R-IL) in his floor speech explains how Sections 1031 and 1032 violate the principles of the Bill of Rights by reading the applicable amendments. Sen. Kirk makes some geography based distinctions in determining whether U.S. citizens have due process rights (which I disagree with; geography should not matter) but otherwise does a great job of explaining to his fellow senators why keeping these sections in the bill is a terrible mistake.

Though he voted against the offending sections of the bill, Sen. Kirk ultimately voted with the majority in supporting the overall legislation.

Sen. Rand Paul (R-KY) on the other hand supported neither. Paul’s floor speech is equally compelling and perhaps even more chilling than that of Kirk’s. Could you find yourself an innocent victim of this bill? Do you have any missing fingers? Do you have more than a seven day supply of food? How many firearms do you own and if so what kind of ammunition do you use? Depending on your answers to these questions, it’s possible that you could find yourself detained, perhaps at Guantanamo Bay or elsewhere, indefinitely with very little legal recourse according to Sen. Paul.

Related Posts:

The Late David Nolan’s Indefinite Detention of U.S. Citizens Fears One Step Closer to Being Realized

Are You or Someone You Know a Victim of the Drone Mentality?

Nolan Exposes McCain’s Antipathy for Civil Liberties in Arizona Senate Debate

Quote of the Day: Americans Cheer the Assassination of the Fifth Amendment Edition

Obama: Judge, Jury, and Executioner in Chief

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