Podcast Interview on the Constitution

Aaron Keith Harris and I discussed America's Counter-Revolution: The Constitution Revisited on the LP Mises Caucus podcast, Decentralized Revolution. Listen here. 

America's Counter-Revolution Reviewed

Independent historian (and old friend) Joseph R. Stromberg reviewed America's Counter-Revolution: The Constitution Revisited at The American Conservative magazine website. He opens "The Federalists' Revenge" with:

America’s Counter-Revolution, dedicated “To the constitutionalists of all parties,” gives new meaning to the word pithy. In 20 short chapters (most of which were previously columns in the Freeman and elsewhere) Sheldon Richman achieves a remarkable thematic coherence, giving the reader a nice window into American constitutional argument and thus into American history.

Building on Arthur E. Ekirch’s Decline of American Liberalism (1955), Richman concludes that the Federalists gave America a vague constitution having the appearance of limited powers but marred by implied ones: a “living constitution” for conservative nationalists. The Federalists, recall, set imperial greatness above liberty and thought real limits on power “impossible”; so-called Anti-Federalists opposed the rule of self-nominated aristocrats and believed in dispersed power.

Brexit, Scott Horton, and Me

Scott Horton and I discuss Brexit here.

Jeff Tucker Interviews Me about "America's Counter-Revolution

TGIF: Conceived in Tyranny

If the American Revolution was in some large measure a tax rebellion, we should appreciate the bitter irony that the U.S. Constitution was in some large measure a reaction to a tax rebellion. It's another reason we can reasonably view the move toward the Constitution -- toward, that is, the concentration of power in a national government -- as a counter-revolution and something for libertarians to abhor.

TGIF: The Constitution and the Standing Army

The U.S. Constitution can reasonably be seen as a massive tax and mercantilist trade-promotion program. However, there's a third leg to this stool. It was a national-security program as well -- almost a proto-PATRIOT Act. Indeed, these three elements formed an integrated project: it gave the new central government independent power to raise revenue by taxing individuals directly and to establish an army and navy in order to advance, by force if necessary, American trade. This, I submit, was not exactly a libertarian project. It let a terrifying genie out of the bottle ostensibly in order to contain it. Or, as James Madison put it, "You must first enable the government to control the governed; and in the next place oblige it to control itself."

TGIF: The Bill of Rights Revisited

Drawing on work by historian Gordon S. Wood, I recently suggested that we see the U.S. Constitution not as a landmark in the struggle for liberty, but rather as a move to introduce elements of monarchy and aristocracy into an American political system that had become too democratic -- among white males with property -- for America's upper crust. As Wood wrote in Empire of Liberty: A History of the Early Republic: 1789-1815, "Benjamin Rush [a signer of the Declaration of Independence] described the new government in 1790 as one 'which unites with the vigor of monarchy and the stability of aristocracy all the freedom of a simple republic.'" But is that union actually coherent?

TGIF: The Constitution Revisited

I am mystified that so many libertarians still see the U.S. Constitution as a landmark achievement in the struggle for liberty. On principle alone, they should have become wary in time. A document that is adored at virtually every position in the political firmament should arouse suspicion among libertarians.

TGIF: The Choice Is between Government and Liberty

An article by George H. Smith from a few years ago makes a distinction about freedom that seems worth pursuing. In “Jack and Jill and Two Kinds of Freedom” (also a podcast), Smith distinguishes between (as the title indicates) two kinds of freedom, or between freedom and liberty. He tells the story of Jack, who wants to climb a hill to fetch a pail of water and needs Jill’s help to bring the heavy pail back down. Being a “moral nihilist,” Jack is just as willing to force Jill to help him as he is to persuade her. It all depends on his cost-benefit calculation at the time. In Smith’s story, Jack chooses persuasion and succeeds, so he does not need to resort to Plan B, compulsion. Jill, by the way, does not know that Jack would have forced her.

Jill, on the other hand, is a libertarian who believes in rights and justice. Had the tables been turned and she needed Jack’s help, her only acceptable course would have been persuasion.

How'd That Work Out?

The early American radicals insisted on decentralization of power, which required a weak national government and sovereign states. The early American conservative aristocrats said what they had in mind was even better: a strong national government, stretched over a vast territory, with three branches, which would check and balance one another, and weak states.

How'd that work out?

TGIF: James Madison: Father of the Implied-Powers Doctrine

Don't be fooled by Madison's promise that the Constitution would create a government of "few and defined" powers. Read about the real Madison.

From Articles of Confederation to Constitution

My July FFF webinar was titled "From Articles of Confederation to Constitution." Here's the audio.

Podcast on the 16th Amendment

Steve Stanek of the Heartland Institute interviewed me recently about the Constitution, the 16th Amendment, and the income tax. Listen here.

The Constitution or Liberty

Someone excerpted the last four minutes of a lecture I gave at a FEE seminar a few summers ago. Enjoy!

TGIF: Is Freedom a Radical Idea?

Throughout history, and with only the rarest of exceptions, freedom has been far removed from the center of political events — even during that ostensibly exceptional period, say, 1776-1901.

This drawn from my remarks at Libertopia. Read the rest of TGIF here.

Constitutional Question of the Day

(Full disclosure: I probably won't be able to do this everyday.)

Articles of Confederation, Article II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.

Constitution, Amendment X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Are these significantly different? If so, why?

Was the Constitution Really Meant to Constrain the Government?

My message is not one of despair. But we will not cause the freedom philosophy to prevail merely by invoking a political document written by men who thought the main problem with America was too little, not too much, government. Rather, we must cut to the chase and convince people directly that our concepts of freedom and justice best accord with logic -- and their own deepest moral sense.

The rest of this week's TGIF, "Was the Constitution Really Meant to Constrain the Government?" is at the Foundation for Economic Education website.

Cross-posted at Liberty & Power.

The Constitution or Liberty

If the foundation of our case for liberty is nothing more than the Constitution -- rather than natural-law justice -- we will continue to be trumped by our opponents. After all, the Constitution was in effect all during the time the national government expanded and liberty shrank. As Lysander Spooner wrote, the Constitution "has either authorized such a government as we have had, or has been powerless to prevent it." Liberty's champions have to come to terms with that logic.

The rest of the newest TGIF, "The Constitution or Liberty," is at the Foundation for Economic Foundation website.

That Mercantilist Commerce Clause

The Commerce Clause of the U.S. Constitution has been used to justify a wide expansion of government power, from antidiscrimination laws to drug prohibition to a ban on guns near schools. In objecting to use of the Commerce Clause for such remote purposes, some constitutionalists rely on a particular historical interpretation of both the Clause and the Constitution as a whole. Could that interpretation be wrong?

The rest of this week's TGIF column, "That Mercantilist Commerce Clause," is at the Foundation for Economic Education website.

Cross-posted at Liberty & Power.

Arthur Ekirch's The Decline of American Liberalism

I like revisiting classic, and unfortunately forgotten, works in the (classical) liberal, or libertarian, canon. This pays several dividends. For one, it brings great books to the attention of people who never knew they existed. Moreover, old books often contain insights and information you can find nowhere else. Murray Rothbard was fond of pointing out that, contrary to what people assume, knowledge does not advance inexorably "onward and upward." Important things can be omitted, overlooked, and forgotten. Consequently, later books on a subject can be less complete than earlier books. So it is wrong to think that the older books need not be consulted because subsequent work incorporates everything of value from the past.

I first became acquainted with the late Arthur A. Ekirch Jr.'s The Decline of American Liberalism in my college days. The book was first published in 1955, then reissued in 1967. It was a History Book Club selection and, I've been told, a contender for a national book award. Ekirch wrote nine other books, including Ideologies and Utopias: The Impact of the New Deal on American Thought (1971) and The Civilian and the Military (1972), especially relevant today....

Ekirch wrote for the intelligent nonspecialist, and his work sets the standard for accessible scholarship. The Decline of American Liberalism is a great place to start because it provides a readable look at the whole of American political-economic-intellectual history in under 400 pages. I highly recommend it.

Read the rest of this week's TGIF column, "Arthur Ekirch's The Decline of American Liberalism," at the Foundation for Economic Education website.

Cross-posted at Liberty & Power.