Wednesday, October 22, 2008

Management of Savagery - The 'weak horse'

There are few publications that utilize the foreign policy of the US as one of its contingent points, and fewer still that encapsulate decades of US views to its goals.  One of those is The Management of Savagery by Abu Bakr Naji, Translated by William McCants at the Combating Terrorism Center at West Point.  This is one of the few strategic doctrine articles we have from al Qaeda and I have reviewed it in quick and deeper reviews, and find it nearly impossible to drudge through the fantastical viewpoints given within it.  Part of the problem for the western analyst is in the fact that it is based on a fantasy ideology expecting that the supernatural will intervene if believers just do certain things.  That is following the analysis by Lee Harris of al Qaeda's fantasy ideology, but it is extensible to other organizations using different forms of fantastical basis for doctrine no matter what their form.  Yet the basis for those actions is rooted in actual real-world events, so that the fantastical can be used to explain them.  When it comes to US foreign policy of the 1980's to 1990's, The Management of Savagery follows on Osama bin Laden's 'weak horse' concept of picking up supporters: they will know a weak horse when they see it and follow the strong horse.  While events in Iraq have gone decidedly against the views of the US being a 'weak horse', Afghanistan has proven more problematical as al Qaeda and its Talibani allies have had safe refuge in parts of Pakistan, and other surrounding States.  Initial support from 'enemy regimes' by al Qaeda in Iraq proved to be insufficient to keeping a long-term insurgency going when civil society turned against it.  In Afghanistan the Pashtun regions stretching across Pakistan and into Afghanistan are less well defined and more porous to ethnic ties and money, plus the Afghani native Gulbuddin Hekmatyar's long lasting criminal/terrorist organization that stretches from western China all the way to London.

 

US Cold War Foreign Policy and Military Policy

The United States, in a 'weak horse' position is in no position to help this out.  Currently the situation in Afghanistan is slowly shifting the balance of viewpoint from the US as 'strong horse' to that as 'weak horse' and threats against Pakistan (or any ethnic sub-group) beyond fully known and designated groups does not help.  A shift in position to remove these organizations without destroying their backing ethnic groups is a major requirement as genocide is a result of not discriminating between those pushing for private war and those caught unable to resist it.  The United States, for all its puissance of arms by its National level forces, is not in a position to exploit the powers of its legitimate non-State forces as given to Congress.  There has been a general abhorrence by the political Left and Right to doing this as it shifts the US from late 19th/early 20th century Nation State concepts and late 20th century concepts of Nation States in Global concerns to ones of late 18th century and early 19th century ones.

And yet that is a valid part of the solution space as that space must recognize the cultural utilization of non-National armed forces.  This concept has the modern term of 'asymmetrical warfare' applied to it, and is generally held to be one of non-State actors that are illegitimate against legitimate National armed forces.  That coin has an obverse side, however, in which legitimized sub-State forces can be used against non-legitimized non-State forces: that is a direct Constitutional power backed by the Law of Nations and by the views of warfare to address National grievances against such actors by the utilization of the Letters of Marque and Reprisal in the 1:1 rule - for each dollar of damage incurred, the Nation can legitimately incur $1 of damage to the non-legitimate forces.  As non-legitimate forces tend to be smaller in funding base than Nation States, this spells an asymmetrical application of force as those forces that are private and legitimized will have a stronger economic backing than those that do not seek National means of legitimization.

That potent tool to bring non-National and non-Legitimate forces to heel or end them has been one that has gained the dark cloud of past utilizations of it going awry.  Yet, for all the advances of the modern State, the modern practitioners do not seem willing to utilize the exact, same technical and legal methodologies on such forces.  Politically this is an untenable solution to a political system that is entrenched in post-World War, post-Cold War and Transnationalist/Globalist encroachment.  Yet it is that exact, same set of politics that causes the US to weaken its stances on liberty and freedom and to run from difficult fights that yield no immediate positive economically or politically, and yet serve as a representation of the ideals of personal liberty and freedom the Nation was founded on.

By the mid-20th century (post-WWII) US Foreign Policy was set to a Cold War system in which stasis was the best achievable goal for the long haul.  So long as the 'balance of power' was kept stable, there was no long term threat to Western society.  Yet long-term threats that were non-Soviet in origin did appear in the form of radical Islamic views and continued ethnic problems in many parts of the world.  Additionally the political atmosphere at home shifted from the survival and retribution concepts for military analysis that was predominant in WWII to ones of insular stagnation and unwillingness to confront despotism and tyranny.  That was across the political spectrum and created a dichotomy of inaction: if the political Left wanted intervention into poor countries with no National interest to the US, the Right would not support such; and if the Right wanted to confront the USSR on even minor stands, the Left was loathe to expend any funds or lives in helping others to retain liberty and freedom.

The return to military recruitment normalcy via ending the draft was a major shift in military stance by the US, as it was the traditional route of the Nation to have an all-volunteer military.  This would actually free up the economy (so as to end the 'guns vs butter' debate) and that shift taking place before the end of the Cold War caused a major shock, globally, as the US did not need to expend anywhere the level of commitment the USSR was expending as a percentage of GDP to meet the Soviet threat.  The US had outgrown its opponent, although nuclear annihilation was still possible, economic collapse in accord to Leninist doctrine was impossible.  Within 20 years of ending the draft and re-scaling the armed forces, the Soviet Union collapsed as it could no longer keep so much economic output going to military affairs and overlook its population.  The threat that grew up during the latter part of this era (approx. 1963 to present) was that of non-State military actors utilizing terrorist tactics to political goals.  These non-State actors faced an increasingly insular United States and an increasingly stagnant and crumbling Soviet Union that could still be vicious but could actually overextend itself to no good.

US Foreign Policy and Military Policy both refused to address non-State actors in any meaningful way and actually would recoil from them multiple times, thus empowering the 'weak horse' concept of the US.  With unstopped successful attacks, these non-State actors grew in size and viciousness in the post-Cold War era to an extent that could not be conceived in the Cold War.

 

Al Qaeda and the milieu of Central Asia

If Pakistan is the last refuge of al Qaeda (although parts of Somalia and Kenya, along with the Tri-Border Area of South America may prove this to be a limited analysis), then it is a refuge already dominated by local players far stronger than al Qaeda is locally: the Mehsud brothers, Hekmatyar's huge organization and even the Baluchs of the south all have demonstrated capacity that far exceeds that of either al Qaeda or the Taliban.  Combined Hekmatyar's organization and that of the ethnically different Baluchs are individually as strong, although only Hekmatyar's has greater reach, scope and longevity with the Baluchs more geographically isolated for scope and reach, but arguably far longer in terms of existing (the stand-up of Pakistan) than Hekmatyar's (and his rise under General Zia).  It is that milieu that allows al Qaeda to survive, not expand, when its attempt to expand in Iraq was crushed.  Iraq was a strategic level defeat for al Qaeda and a huge global set-back, but its grounding is not in any one area of victory, but to exist to support all of them and outlast its opposition.  That was the 1990's statement my bin Laden and The Management of Savagery fleshes this out by examining the USSR and USA (p.23 of the pdf file, bolding is mine):

Some others among the people of truthfulness and jihad used to set forth what God had showed them and the notion was established in their minds that the enemy was weak and insignificant – if God decreed something, it could be done. This group says to the remainder of the people of religion and the masses: “O people! The viciousness of the Russian soldier is double that of the American (soldier). If the number of Americans killed is one tenth of the number of Russians killed in Afghanistan and Chechnya, they will flee, heedless of all else. That is because the current structure of the American and Western military is not the same as the structure of their military in the era of colonialism. They reached a stage of effeminacy which made them unable to sustain battles for a long period of time and they compensate for this with a deceptive media halo. O people! The center in the Soviet Union was, to a certain extent, close to the countries in which there was opposition to it. They even shared borders with areas that opposed it, so supplies, motorized units, and armored vehicles used to pour in with ease and without much cost. The matter is different with regard to America—the remoteness of the primary center from the peripheries should help the Americans understand the difficulty of our continued submission to them, their control over us, and their pillaging of our resources if we decide to refuse; but only if we refuse and enflame opposition to its materialization.”

It is clear for that understanding by al Qaeda if God decrees an end to America, and giving America small but persistent death toll, that America would withdraw from the Middle East, Central Asia and, indeed, agree not to otherwise stand against those that will refuse to ever stop killing Americans.

Here the lines of the modern Leftist doctrine of the US being an 'imperial power' and the al Qaeda doctrinal examination of what happens when the Left is able to sway foreign policy outcomes (and this is a bi-partisan outcome, not limited to a single political party but a Leftist outcome of foreign policy in total across multiple administrations).  The US is not only weakened but perceived as weak.  If Iraq is a showcase that America can and indeed will counter that via reinforcing local culture that is Nation State oriented, then the work in Afghanistan becomes a more difficult situation as the strength of Nation State doctrine has been weak there since before the first Empires attempted to dominate that region.

This is telling in that the ages old anti-imperial strains of the native populations in Central Asia now are unwilling to accede to multi-ethnic Nation States as those are seen as contrary to the ethnic divisions necessary to survive multiple Empires (arguably from the earliest Persian to the Soviet Union).  US foreign policy has not, does not and will not come to terms with this until a President actually addresses it and creates a foreign policy that understands these basic problems of ethnicity and Nation States.  If the opposition to the ideology of Nation States as multi-ethnic (20th century oriented) concepts is one that is seen as Imperialist and foreign to the local ethnicities still fighting their formation, as part of a tradition going back thousands of years, then those trying to utilize Transnational Progressivism and Transnational Capitalist (or Globalist) views which both try to utilize local ethnic differences to desired social and economic ends are BOTH treated likewise: external attempts to utilize internal differences are ALL seen as Imperialist to such native ethnic groups.

If the 19th to 20th century Nation State and 19th to 21st century socialist to Transnationalist doctrines are ALL seen as external and Imperialist, what the hell is left to try, you may wonder.  If every modern conception of the Nation State and Transnational/Globalist views are seen as exterior and Imperial, then NO current formulation of foreign policy, National policy nor military policy can or will work there.  Central asia makes the Balkans look like child's play, and yet Western doctrine (Nationalist, Socialist, Communist and Transnationalist/Globalist) have, each and every one of them, fallen flat on their face there.

They are, all of them, 'weak horse' concepts as al Qaeda sees it.

 

The Ideology of Modern States and Analysis

That is a sobering conclusion to look at based on the factual analysis done by al Qaeda (no matter how fantastical its world view is) and an examination (even cursory such as this one is) of all the Empires that have dried up and gone away while the ethnic rivalries have continued on in various guises under various religions for thousands of years in the region.  You cannot 'surge' unless you have a sound doctrinal basis for COIN (Counter-Insurgency) that is based on a conceptualization that actually accepts the basic cultural problems and finds a coherent and workable solution to them.  More importantly, if the ethnic group and religious backing is one that looks towards fantastical ends, the ability to actually bring such groups and organizations to an end is highly limited: the ideology is one of not stopping as the simple acts can be done by very few people.  What is COIN if the society, itself, accepts continual insurgency as a working phenomena that is part of society?

Here the DIME vector analysis of the modern military falls apart along the lines I previously examined, as the sub-units (Diplomatic, Information, Military and Economic) are descriptive vectors and amenable to multi-level uses and counter-use.  These are vectors within society and culture, but oriented towards a mid-to-late 20th century view of Nation States: pluralistic, democratic, western liberal.  The use of these at the macro scale is an demonstration of power along those vectors on Nation States, but when applied to non-State actors and ethnic groups and a weak Nation State, they become very problematic.  Additionally, using them to countervail an insurgent/terrorist/ethnically backed non-State actor group is then seen as exterior or Imperialistic, and not a 'home grown' happening.  I will pull out this passage I put down in the previous article:

DIME has a problem in that it serves equally well to set up the structures to collapse society as it does to uphold it. DIME is known as a set of 'vectors': pathways of major parts of society and systems that need to move in coordinated fashion to achieve ends. They are a set of 'means' not 'ends'. And, as such, can be used in any number of paradigms for how to have society, how to govern and, apparently, how *not* to do those things. As a method of COIN we must recognize that the opponents of Counter Insurgency, namely Insurgency, utilizes these exact same vectors in opposition to orderly society. That is because these vectors are neutral to ideology and only means to an end, not ends in and of themselves. If we treat DIME in isolation to the underpinnings of society, then we shall soon have no society in common as it fractures under the multiple forces of transnationalism which seek to gain by that destruction. To counter that the actual goals of what DIME is utilized for must be clearly and succinctly stated and all activities traced directly back to those goals. DIME utilized without such goals then can be utilized in opposition and that opposition will tear up any society upholding group that does not put forward the goals first. In the military parlance this is known as the 'Grand Strategy'. It is more than just 'victory' but the reasons why victory is worthwhile and the goals of that victory BEYOND mere victory. If these are not clearly upheld at entry into a conflict, then there is no way to trace any lesser level strategy or tactics (the implementation tools and locales for strategy) back to the larger goal. In the realm of business this is the Corporate Business Plan or Outlook document, to sort out the major goals to be achieved by said business, and hiring folks to work in a business unit is mere tactics. In this realm of thought, DIME is a way of implementing Grand Strategy and NOT Grand Strategy in, and of, itself.

This is a crucial understanding of DIME, that relates to the fact that Grand Strategy is implemented via DIME and, indeed, a whole suite of vectors beyond DIME.  As a means of short-hand it is limited, and only useful in limited circumstances where there is a pre-existing coherent Grand Strategy and then implemented via a series of vectors of which DIME is a sub-set.  Unfortunately many authors have come to accept DIME as a strategy, not a means to implement strategy, and have missed the fact that without a coherent foreign and military policy to back it, DIME is a set of stateless vectors that can be utilized by anyone.  These policies are meant to give direction in which these vectors are to be organized, but utilizing them is a two-way street: the enemy gets a say, too.

 

Al Qaeda and Modern State Ideology Intersections

The Management of Savagery is part Grand Strategy, part Grand Tactics and fully fantastical in examining how expansive outcomes can come from limited means.  With that said it was drafted and created by an organization that was based in Afghanistan and had strong links to the Pashtun support network and the larger terror and criminal support networks of central asia and it reflects those understandings.  The aim of the doctrine is clearly spelled out in pp.24-25:

A – The first goal: Destroy a large part of the respect for America and spread confidence in the souls of Muslims by means of:

(1) Reveal the deceptive media to be a power without force.

(2) Force America to abandon its war against Islam by proxy and force it to attack directly so that the noble ones among the masses and a few of the noble ones among the armies of apostasy will see that their fear of deposing the regimes because America is their protector is misplaced and that when they depose the regimes, they are capable of opposing America if it interferes.

B – The second goal: Replace the human casualties sustained by the renewal movement during the past thirty years by means of the human aid that will probably come for two reasons:

(1) Being dazzled by the operations which will be undertaken in opposition to America.

(2) Anger over the obvious, direct American interference in the Islamic world, such that that anger compounds the previous anger against America's support for the Zionist entity. It also transforms the suppressed anger toward the regimes of apostasy and tyranny into a positive anger. Human aid for the renewal movement will not dry up, especially when heedless people among the masses – and they are the majority – discover the truth of the collaboration of these regimes with the enemies of the Umma to such an extent that no deceptive veil will be of use and no pretext will remain for any claimant to the Islam of these regimes and their like.

(C) – The third goal: Work to expose the weakness of America’s centralized power by pushing it to abandon the media psychological war and the war by proxy until it fights directly. As a result, the apostates among all of the sects and groups and even Americans themselves will see that the remoteness of the primary center from the peripheries is a major factor contributing to the possible outbreak of chaos and savagery.

The first goal is coincident with that of the Transnationalists/Globalists: destroy respect for America.  The Transnational reasoning is as clear as that of al Qaeda.  Transnationalism is described by John Fonte in three good works:  The Ideological War within the West, Liberal Democracy vs Transnational Progressivism, and Transnationalist Left and Transnationalist Right.  Transnationalism is an emergent dogma that is a fusion of various leftist and radical movements starting with the Progressive movement in America and drawing its ideological bases from Communism, Fascism, Nazism, Democratic Socialism and Radicalism.  It is an anti-National distillation held by multiple organizations on how to remodel society from the view of an elite superstructure.  While those on the Transnational Left seek to do this for societal reasons, those on the Transnational Right seek to do that for economic reasons, and yet both utilize the same distillation of concepts, but with different emphasis.  Mr. Fonte describes the over-riding ideology, and thus a form of Grand Strategy, as follows:

Groups are what matter, not people. You are "Black" or "Christian" or "Mexican" or "Afghan" or "Sunni", you are not yourself. You also don't get to choose your group; it's inherent in what you were when you were born. Someone else will categorize you into your group, and you will become a number, a body to count to decide how important that group is. And your group won't change during your lifetime.

The goal of fairness is equality of result, not equality of opportunity. It isn't important to let individuals fulfill their potential and express their dreams, what's important is to make groups have power and representation in all things proportional to their numbers in the population. Fairness is for groups, not for individuals. The ideally fair system is based on quotas, not on merit, because that permits proper precise allocation of results.

Being a victim is politically significant. It's not merely a plea for help or something to be pitied; it's actually a status that grants extra political power. "Victimhood" isn't a cult, it's a valid political evaluation. Groups which are victims should be granted disproportionately more influence and representation, at the expense of the historic "dominant" culture.

Assimilation is evil. Immigrants must remain what they were before they arrived here, and should be treated that way. Our system must adapt to them, rather than expecting them to adapt to us (even if they want to). The migration of people across national borders is a way to ultimately erase the significance of those borders by diluting national identity in the destination country.

An ideal democracy is a coalition where political power is allocated among groups in proportion to their numbers. It has nothing to do with voting or with individual citizens expressing opinions, and in fact it doesn't require elections at all. A "winner take all" system, or one ruled by a majority, is profoundly repugnant because it disenfranchise minority groups of all kinds and deprives them of their proper share of power.

National identity is evil. We should try to think of ourselves as citizens of the world, not as citizens of the nations in which we live, and we should try to minimize the effects of national interests, especially our own if we live in powerful nations.

The al Qaeda vector goal of destroying respect for America plays into the Transnationalist vectors via group identification (Muslim vs. Non-Muslim), seeking 'fairness' (in which the demands of an 'oppressed group' trumps that of a Nation State), painting themselves as a 'victim', not only countering Nation State assimilation ideas but actively working towards separatist concepts, acting like a group that is 'disenfranchised' above and beyond being a 'victim', and espousing that religious identity trumps National identity.  Each of these themes play into the theme of destroying America.

What is interesting is that the second goal, of a renewal movement, is one to create a new elite structure for ruling that would be seen as the enemy of the cultural elite or economic elite in the Transnational Left and Right areas, respectively.  For all the oddities of the fantastical ideology of al Qaeda, they have taken a direct set of ideals from the Transnationalist perspective to create their own Transnationalist dogma that is backed by Terrorism.

Unexpectedly, to al Qaeda, is that in getting their third goal, they have damaged the first two very seriously as America actually has shown up to fight in Iraq, and very well, though perhaps not so well in Afghanistan.  This dogma was designed in the central asian environment and meant to play well in the general weak tribal environment of the Middle East and Africa.  There is one Nation in the Middle East that has very strong tribal affiliations, however, and has demonstrated resiliency against genocidal dictators:  Iraq.

As a strategic blunder, and this is in the Grand Strategy sense, al Qaeda has gambled and lost almost all of its three goals by investing so heavily in Iraq and not having it shift under to a normal State for the region.  This is due to the intense Nationalism that is felt North to South and East to West in Iraq: the New Iraqi Army was the first to clearly demonstrate this, but the gradual and strong return of civil society is now doubling and even trebling the error by al Qaeda.  Today Iraq arrests members of any group intent on harming the Nation, if they can find them, and the Tribes of Iraq, save for some holdouts, have turned against al Qaeda on the Sunni side and many of the Shia tribes want no affiliation with Iran.

 

Grand Strategic Failures of the Modern State

Grand Strategy actually requires that expected outcomes happen when you take activities, and al Qaeda has a non-intersection of outcomes to actions.  Where a Western ideology would implode due to this, al Qaeda's does not as it is not a rational nor logic based ideology:  it is a long-term conflict based on no surrender, no compromise and never giving up.  That is a fatalistic fantastic ideology and is the equivalent of a Death Cult.  As a rule, Death Cults only end once all their members have died or the entire organization so discredited that it cannot recover.  Aum Shinrikyo still exists, but is no longer the same organization it was, although there are still some deep followers of its ideology before its breakdown.  The Thugee following, a related type of cult of murder, was broken up due to its practices and heavily infiltrated until it could be, essentially, wiped out as a secret society.  These both point to a very active movement to rid society of these cults, and requires far more than just DIME exercising COIN.

At this point the negative conclusions draw a positive space of possibilities that are left. 

  1. Transnationalism not only does not work against terrorism, it incites it and enables it as an anti-Nation State based concept.  It must be noted that not only is Transnational Terrorism of the al Qaeda or Islamic form one that utilizes the methodology of Western anti-Nationalists, it is also anti-Western and, therefore, inimical to the practitioners of Transnationalist Left and Right, in that it places those elites in a non-ruling, non-elite status, replaced by an Islamic selected elite class.  While all three operate in coincidence of method, they all differ on final status, which not only pits the two Western views against each other but also pits both of those against the Terrorist form.  Temporary coincidence of methodology does not point to coincidence of outcome.
  2. Late 19th to 20th century Nationalism or Nation State doctrines have failed - This is apparent by the lack of coherence of the ethnic groups amongst the Nations that have formed: Pakistan, Afghanistan,Iran and the entire suite of ex-Soviet Central Asian Republics.  Pakistan by backing a number of these groups via its ISI (Hekmatyar, Meshud, Taliban, as examples) is a culprit in creating its own internal problems once these groups found stiff resistance in their target areas (Kasmir, Aghanistan, Iran) and started working with some of the criminal enterprises that arose after the fall of the USSR (notably Semion Mogilevich's trade group but also such individuals as the arms smuggler Viktor Bout).  The Pashtun people had an edict imposed on them during the British Empire to wait along 'temporary' borders while everyone figured out what was what, and that was going to last 100 years.  The 100 years ran out a few decades ago.  That, together with the Baluchs, who feel they got cheated out of significant internal sovereignty, plus other ethnic and religious groups and personal armies (or Lashkars) have made the modern Nation State a near impossibility to keep together.  The list of governments, assassinations, terror organizations, bombings, and personal armies running around since the stand-up of Pakistan, alone, indicates a failure of a coherent modern State system.
  3. Communism and Socialism have not addressed these problems - Both have been tried since the stand-up of Pakistan, neither has addressed the problem.  Nor has capitalism, although it is a thriving concept amongst the tribes.  Lawless areas continued to remain lawless no matter what the ideology of the government.
  4. Afghanistan has thrown off all exterior repression and now works hard to keep interior types in check - That is semi-workable, but so long as it has strong ethnic ties to a lawless region of Pakistan that allows private armies there will be no end of trouble.  A larger war or expanded war will NOT cure this problem and only expand the conflict if internal governments collapse in any Nation having some ethnic contact with those involved in the conflict.  Afghanistan can only be considered to have meta-stability, or being stable until a vector of events turns it unstable, and those would be ethnic or tribal level, not necessarily Nation State level.
  5. Appeasement does not work - The lawless areas fully intend to remain so and use 'cease-fires' as times to upgrade their capabilities (in negation of the cease-fire as the term is understood in military parlance).  Thus offers for such are disingenuous.  And, as non-State actors are involved, they cannot have any treaty power externally or internally, as anyone who disagreed would feel free to continue on as they were doing and ignore such treaties.

That is a highly sobering assessment as it invalidates all modern thinking on Nation States, Transnationalism and Globalism.  That is not something that the current political set up of the Western Nation State system is ready to adjust to and has failed at as that is the source of the problem.   What is necessary is to then see what the hallmarks of the solution space contain.

 

One Possible Solution Space

If the modern conceptions of Nation State and Transnationalism fail, then their failure creates the possible areas that are within a successful bounds for not only Pakistan but Central Asia as a whole.  The negatives are ones that must be known, otherwise a reliance with concepts and references to these modern types and incorporation of them will not come a solution that is viable.  This requires that thinking in modernistic terms of economy, society and warfare must all be scaled back to more basic and essential types for each category and then advanced slowly until the non-concordance with existing societies and types happens.  Solution space analysis begins with delimited areas and then scales to the minimum necessary to meet localized needs and still accord a higher level structure that has the least intrusion on those needs.  Thus the modern, centralized political systems of the West are not useful analogs for the solution space, as they engender too much centralized power that is in non-accordance with decentralized society.

While many of these solution types are pre-existing and known, their implementation in a post-industrial world is not out of accord with the general pre-industrial environment of society, culture and ethnicity seen in Central Asia.  Modern communications and other systems can help these systems along, but they are not central to the operations of the systems in the solution space.

First, the solution space has within it the pre-modern, pre-19th century conception of the Nation State.  This is not a prerequisite, by any means, but it offers a number of things that the late-19th and 20th century lacks:

  • Pluralism - Instead of multi-ethnic approaches of the modern type, the pre-modern ones of pluralism based on ethnic identity but holding to common necessities for basic societal structure and governance offers flexibility and adaptability without the need for lock-step conformity as seen in modern multi-ethnic societies.  Modern multi-ethnic concepts have shied away from such concepts as Federalism or Confederalism and concentrate on a centralized State apparatus.  As it is the centralized State concept that has repeatedly failed in the region, the more loosely held but still constrained Federal or Confederal conception of Nation State remains one area that no one has tried: the internal self-checking, self-balancing arrangement between unequal groups with equality of checks so that no major group dominates and puts the rights of smaller groups at risk.
  • Westphalianism - This is the generalized concept of the Nation State that can have a religious basis, but has internal agreement that this cannot be used to press a religious doctrine downwards from the State level.  An Islamic State that agreed to an internal Westphalian system of governance would have a generalized Islamic outlook, but only for those things held in absolute common across all sects within the State and then could impress none of those, save for minor things like holidays, upon any sect.  The West has generalized that to all religions, but a more restricted concept of 'known religions in society' was the prevailing ones before late 18th century Nation State doctrine came into being.
  • Internal trade regularization - In either the Federal or Confederal systems in a Pluralistic arrangement, autonomous or semi-autonomous sub-National States or Provinces agree to common rules for general trade and practices internally and to have external trade practices regulated by a common agreement government.  This does require normalization of National boundaries, but that can be done via understood treaty arrangements to take into account Pluralistic needs for travel (kinship relationships, religious practices, etc.).  Practices outside the purview of the Nation State and reserved for Individuals and sub-National States or Provinces then allow for specificity of trade agreements for those groups that are amenable to the larger Pluralistic system without endorsing favoritism.
  • Codification of private armies - This is something that is not well understood, but serves as a basis for the Nation State control of armed forces.  Private Armies would need to operate under National regulations and guidelines and hold themselves accountable to that structure.  This does not mean a National Army, per se, but having identified command and control structures run by individuals or groups and adhering to the larger National agreements amongst various groups.  The concept of this is a 'well regulated militia' in which service in these private groups comes under National oversight while not endangering the ability of private organizations at the local level to self-organize.  Indeed, they become National level tools via such regularized concepts of the Letters of Marque and Reprisal if the Nation decides to have no standing armed forces.  A larger agreement to come to the aid of any sub-member who is attacked by an outside force is a general requirement here, as well as serving as an adjunct to a National standing force if such is created.  Trust in such a government is paramount for having such forces and regularizing them, and such governments know that they are held accountable for their actions and that civil, political means are preferable to military means.
  • Nation State supported armed forces - These forces are seen as the common defense of all sub-groups and sub-States or Provinces within such an arrangement.  Here some check and balance agreement between the sub-units of society is necessary, and one that puts such armed forces as permissible when larger than the largest of the sub-state groups Militia but no larger than the largest three, say, is workable.  That gives the State a necessary leeway to create a competent military system for regularized defense of the Nation and yet is held in harsh check by the three largest sub-unit Militias due to size.  A practical note is that the sub-units may realize that weakening their sizes also draws down the maximum size of the National forces and some minimal size of the National force may be set by common agreement.  Here 'size' may be in manpower, funding or both combined.

Combined these bear the hallmarks of the restricted space as delimited by the negatives: each part of this sort of solution is within the positive space while not incorporating the negative space.  Such an outlook places cultural and ethnic affinity as a high priority for a Nation and yet recognizes that common understanding across all sub-States or Provinces is a requirement for the good of all.  What such a thing would do in Pakistan is cause a major re-negotiation of the basis for the State, itself and a buy-in by all the major ethnic and religious regions and perhaps some re-drawing of internal boundaries.  An attempt to redress the grievances of Baluchs and Pashtuns, in particular, is a requirement of such a solution and yet no final outcomes can be dictated by an external Nation or set of Nations, even though some grievances will require external redress (Baluchs with Iran, Kasmir settlement and Pashtuns with Afghanistan amongst many).  The original basis for Pakistan left the major sub-populations of Pashtuns and Baluchs feeling slighted to the point of becoming international threats, and no modern conformation of the Pakistani State has brought these regions into alignment with it.

 

Modern US governmental changes via politics

This brings this analysis to the modern two party system and trenchant ideologies of the United States.  The post-Cold War stasis in which one party held majorities in the House and Senate for 40 years started to dissolve in the 1980's and by the 1990's the Cold War stasis had left a group of individuals unready for the modern world, unwilling to address it and unable to conceive of how to deal with it absent a global threat.  These individuals had so infiltrated the political system with their adherents that the system, itself, was regulated to one in which only two parties get any chance to compete in a meaningful way at all scales of National debate.  The expansive concentration of power that started with President Theodore Roosevelt had continued unabated no matter which party was in office or governmental control: both had sought to use new powers taken without any other recourse to their own ideological ends.  The same political class that put a static system of Foreign Policy and Military Policy in place still have no other antidote to the problems it has caused and even refuse to recognize the two party causation of these problems.

The Republican Party has been notable in that it started off the entire Progressive cycle of government with the Administration of Theodore Roosevelt.  Until that point in time the Progressives aligned with the Populists to push general long-term themes to 'modernize government' via Constitutional amendments.  President Theodore Roosevelt would abet this from the Executive Branch by shifting to accede to the wishes of a religious majority that sought an end to the opium trade in China.  The accords reached in Shanghai would require those governments that signed on to it to end the opium trade in their countries.  As a signatory the US would have to break with Constitutional limitation on the federal government and seek the first ever restriction on personal use of medicines.  Prior to that the use of such things as laudanum, cocaine and heroin were required under the food and drug purity act which would establish that contents of foods and medications needed to be listed.  That, alone, started to curb rampant drug use.  Those who sought moral backing via an overseas treaty looked to enforce a 'good' by statute to enforce a treaty, thus criminalizing the unregulated use of medications for the first time, ever, in federal history.  Although that legislation would be put in during another Administration, it was President Theodore Roosevelt's that sought to expand the latitude of federal power beyond its traditional and understood boundaries.

Those powers accumulated to the Office of the Executive and to the federal government, and in a ten year period there would be a radical shift of the basis of US government away from classical liberty to that of Progressive government.  The more Populist based Democratic Party would latch onto these powers and help to get the necessary Amendments passed to change that basis and then start to implement greater and deeper shifts of power distribution to the federal government throughout the rest of the 20th century.  Holding the Congressional majority for 40 years helped to ensure that there would be no questioning of these changes and that no ending statutes for new government entities would ever be put in place.  In the prior century government institutions that were not direct Constitutional charters often had re-upping limits on them, such as the First National Bank, so that future Congresses and Presidents would be able to review and change or abolish these new government organs.  In 1832 the Democratic President Andrew Jackson ended the First National Bank and similar powers would not exist until the founding of the Federal Reserve by Democratic President Woodrow Wilson.  In that span of 80 years the Democratic Party went from support of classical liberal values to ones of government invested power over the citizenry, which is perhaps the greatest turnaround for any political party ever witnessed in the United States.

During the 20th century, American politics would adjust to the end of Imperial courts and Europe and the United States passing multiple European Nations in industrial output and power, as well as inventiveness in many technical fields.  The rise of mighty Nation States would also cause a general forgetfulness that warfare is not delimited to the Nation State, and that the Law of Nature that is given to all men allows for Private War.  For those years in which Nations held the overwhelming sway of power, such things as piracy and rogue armies tended to be overlooked, although the Soviet Union would stage the first ever paratroop drop against a rogue army as late as 1929.  The older Hague Conventions and pre-existing other conventions prior to the late 19th century Hague Conventions, understood Private War in the realm of Piracy and President Lincoln understood it to the point of authorizing the Army Field Manual-101 in 1863 that specified that acts the modern world would call 'terrorism' when seen by armies is to be treated summarily as Piracy or highway robbery.  It was this basic understanding that both parties, and the world as a whole, would slowly forget as two world wars and a massive cold war embroiled the governments of the planet during the 20th century.  With that forgetting would also go the means to counter them and the memory of why certain parts of the Constitution are set up as they are.  If the Constitution becomes a 'living document' then the memory system of it is distorted via re-interpretation by actual, living people.  At some point the basic structure is changed via 'reinterpretation' until the actual meanings and understandings of what Constitutions do for Nations is forgotten.

 

Foreign and Military Policy results

President Theodore Roosevelt is one of the first Presidents to call for an omnibus international body and also one of the first to repudiate the idea once he actually experienced how international bodies worked.  This ideal would be picked up by the Democrats and Woodrow Wilson, and soon add 'modern' international institutions that had previously not existed.  At that point this strain of Wilsonian Politics in America was one that would serve as the founding for Transnationalism.  America, save for a few years under President McKinley and early on with President Theodore Roosevelt, would not practice 19th century foreign or military policy.  While many point to this as a great 'good', being anti-imperialist in stance, the less understood problem with it is that it creates weak or unaccountable international institutions that are powerless without Nation State backing by a majority of powerful Nation States.  Instead of being 'anti-imperialist' this is system that, in theory, empowers large nations (either economically or via population) to force things their way when it helps them and to ignore anything that is not in their interest.

No Nation has tied its Military Policy to either the League of Nations or the United Nations for this reason: the large powers utilize these institutions to suit their ends, and when a Nation does not do that, it is liable to suffer at the hands of tyrannical or despotic Nations that form the majority of small Nations on the planet.  With Authoritarian, Totalitarian or Tyrannical large powers, and there need not be more than a simple moderate plurality in population or economic size, the ability of such bodies to bring about coherent action is negated.  Even in areas of Foreign Policy, no Nation dares trying to utilize such means as the only way to act as it means restricting their Nation and no longer utilizing the wide leeway any Nation has on direct, one-to-one talks as with traditional treaties.  Finally these large bodies become bureaucratic nightmares, being large institutions with no oversight, the ability of bad actors to find a home and be able to protect themselves from being dislodged by the use of diplomatic credentials is high.  None dare give power to such a body as it is the definition of despotic to start with, and swayed by the hot feelings of small Nations that do not have large economies or populations.

From this the United States learned Isolationism, utilizing the maxims of President Washington and distrusting foreign alliances.  Isolation did not start nor fuel the beginnings of the First or Second World Wars: the first was out of the capability of the US to influence and the second started in places like China and would then pick up years later in Europe.  No one had the power or will to stop Imperial Japan in China, and by the time people began to worry about Italian ventures into Ethiopia, the European system of Nations was succumbing to National Socialism.  No other Nation could reasonably expect to intervene militarily against Japan, Italy or Germany, and by the time any realized that they must do so, the world was at war.

International Socialism arising from the Communist regime in the Soviet Union would start the second basis for expanding Transnationalism and give Wilsonianism a Red make-over and then utilize the combination after the Second World War to start an anti-capitalist system of thought that would coalesce in the 1960's with US radicalism melded with European Socialism and other Radicals in Europe.  By the 1970's Transnationalism would take on some of the trappings of Globalist Capitalism and the latter would take on some of the virulence against Nation State power of the Transnationalists.  Because neither of these had any coherent foundation, they grew as a hodge-podge of general concepts that only coalesced around some basic points, yet by the late 1990's and early years of 2001-2003 those points would be able to be summarized by John Fonte as a coherent belief structure that covered almost all the radical/communist/socialist/globalist concepts that appear as many separate faces, but all are all different parts of the same working ideology.

Foreign Policy would shift to try and accommodate these changes and that would negatively influence US military policy in Vietnam.  What started as a simple support for a mostly democratic State against International Communism would become the first conflict to utilize Transnational Progressivist themes against the United States.  The military policy that started out as a simple enaction of the early Foreign Policy would be betrayed by the change in Foreign Policy and Domestic Policy that would squander all major positives of the COIN work that was done and actually lose the war for the United States.  That shift would disenchant many with the armed forces, as it was intended to do, but leave the core Nation State policy backers in charge.  The all-volunteer force would rebuild with a different ethos and understanding of how US policies shift in obtuse ways and attempt to prepare the armed forces for a similar happening a second time.

Foreign policy would further be twisted by Transnationalists and Globalists, to back the anti-American organizations of the UN and to try and back 'humanitarian' missions for US forces where the Nation had no legitimate reason to intervene.  President Reagan would be the first to attempt this in Lebanon, and the death of the US Marines and their French Comrades on a mission of peace would ultimately see a non-response by the US that would begin the super-charging of non-State actors following the behest of Iran which had become a radical Islamic State during President Carter's term in office.  The idea that was used was one that was bankrupt:  Realism in Foreign Policy.  What would be even worse is that over the decades of the post-World War II era, the education system of the United States would no longer teach the basics of military policy with regards to conflicts, until a general ignorance of what post-war situations actually look like when there are NO global conflicts involved would be the NORM for the United States.

Thus no policy was set up to counter non-State actors.  Post-Imperialism was a major causative factor to the start of them, not a way of curbing them.  Realism ignored them.  Globalism used them as an extortionary threat, at best, and at worse paid no attention to them.  Transnationalism so inculcated its concepts that they have been hijacked by terrorists to the point where terrorism now represents a methodology to create a separate elite from both the Transnational Progressivists and the Global Capitalists.  And no post-Cold War doctrine ever arose to cover them in a methodological and definitional way.  This is not limited to the Capitalist West but also to the Communist and Socialist regimes stretching throughout Europe and into the now defunct USSR.

 

Current Politics

The multi-variate 'Bush Doctrine' has undergone at least four major changes from its early isolationism prior to 9/11 to an anti-terrorist stance between 9/11 and the run-up to Iraq, then to a multilateral stance with regards to North Korea and finally to a traditional Globalist/Transnational Right concept seen during the term of President Bush (41).  It stepped close to actually being able to define terrorism in the modern world, but lacked vision, clarity and understanding of what terrorism actually *is* to call it by name and deal with it.

The Clinton Foreign Policy, it cannot be called a 'Doctrine', was one of political opportunism trying to show a glad hand for the least expenditure of National political capital possible.  It not only did not counter Transnational Terrorism, but it emboldened it via flaccid or non-responses to attacks in:  Langley, VA; WTC bombing; attacks in Somalia funded by al Qaeda; Kenya and Tanzania Embassy bombings; minimal action against FARC as it sought to take over the Colombian drug trade that would result only in a longer term COIN concept near the end of the Administration; and no response to an attack by al Qaeda that by all definitions would be called 'piracy' at any other point in US history.  Further, political capital was expended to no firm end in the Balkans (where the Kosovars love the US and the Serbs have come to detest the US), Haiti (with yet another President not doing anything substantial for the Nation following in the miserable experience of FDR there),and not doing a thing about genocide in Rwanda or Iraq.  On the latter score it allowed hundreds of thousands that had been executed for daring to believe the US would keep its word if they tried to over throw Saddam Hussein that they would get support.  Instead they got no support and seriously dead.  Both of the parties and its candidates have extreme problems of setting up any coherent Foreign Policy as they all rely upon failed past policies that have never addressed the post-Cold War era in regards to Transnational Terrorism, International Organized Crime and the diminution of Nation State power to unauthorized, unaccountable international concerns.

The Democratic Party has no coherent Foreign Policy and a degenerative Military Policy to further weaken the armed forces and put multiple necessary upgrades on 'hold'.  As was seen under other Democratic and Republican Congresses, the ability to maintain the Armed Forces is placed at a minimal stance without a 'hot conflict' going on.  If Afghanistan goes 'hot' under an Obama Administration, it will mean the involvement of one of the three nuclear powers in the region (China, India, or Pakistan) and a 'crisis' to show 'strength' without having any clear idea of what end-state such an Administration is looking for.  A withdrawal from Iraq before its major military infrastructure is in place (circa 2016) would leave critical and foundational gaps in that very successful conflict and squander a US victory there and put the risk of deep turmoil back into the Middle East.  By stabilizing the geographic centroid of the Middle East, the entire region is undergoing a period of increasing quiescence as it tries to absorb just what kind of Nation Iraq is.  As any external Nation faces danger in not figuring that out, first, only Iran is bold and blinkered enough to think that causing trouble there will help them.  Iran, itself, is undergoing an oil production crisis due to not keeping up its infrastructure, and is now faced with external criminal pressure from the Red Mafia that controls a vital 5% of the natural gas that Iran uses.  On understanding world events and terrorism, the Democratic Party as a whole only has Transnationalist and anti-US platitudes to hand out.

The Republican Party is shifting to a minimal Globalist concept to attempt to assuage those who feel the diminution of National Sovereignty due to previous Globalist trends put in place by the minimally Transnationalist Clinton Administration and by the Globalist outlooks of President Bush (41).  The current Bush Administration's trends have been towards those of moderately more Globalism and loosening controls on US domestic affairs in the economic realm to Transnationalist outlooks backed by Globalist finances.  The economic problems currently seen are directly traceable to the Transnationalist work done by the Carter Administration and not curbed by any subsequent Administration and enhanced by multiple Congresses of both Parties.  While there is some understanding of trade necessities for economic growth, there are none in place for accountability by those who trade with us who do NOT actively go after terrorists and who may actually give safe haven and support to various networks of terrorists.  The support of anti-Nationalist trends via Globalism is not one that spells out either prosperity or safety for the United States, and yet is happily at home in the Republican Party.  While the Republican Party generally supports a somewhat coherent Military Policy, their Party was responsible for the failure of support and funding for the armed forces throughout the mid-to-late 1990's and two entire Army Divisions falling to their lowest readiness since Vietnam as Congressional Republicans would not do their duty as Congressmen and hold the President accountable for the use of the armed forces without Congressional authorization.

What is even worse is that faced with a growing threat of Mexico imploding on the southern border due to the melding of Transnational Terrorism and International Organized Crime, neither of them is prepared to address the issue in a substantive way.  Both parties have been influenced by the strains of Transnationalism and Globalism to disregard Nation State boundaries and that puts the infiltration of external criminal organizations and terror organizations into the US as a known minimum number of events and an unrecorded number that goes unchecked without border enforcement.  Both Transnationalism and Globalism are fanning the fires in which very rich Red Mafia oligarchs can invest in financed organized crime with an aim towards the natural resource wealth of Mexico and the ultimate consumer of much of it to the North.  This puts both parties in a tenuous position to address any problems in Mexico and the resultant spill-over in the lead up to them going unchecked.

 

Conclusion

The lack of coherent understanding of ethnic problems in Central Asia is a result, not a cause, of US inability to respond to many other problems on a larger basis.  In attempting to do group analysis with a Transnationalist or Globalist bent, and then using restricted modern concepts of Nation States and International Policy, the US is unable to show adaptability with what should be the most adaptable system of society and government ever developed by mankind.  The Globalist and Transnationalist views that are anti-Nationalist, anti-democratic and anti-classical liberal in views has so eroded the ability of the political elite in America to understand what is happening in the world that this very same elite is floundering and threatening not only the stability of the United States but also that of the entire global system of trade, finance and commerce that have made for global population stability to occur.  Without those systems or with an actual 'hot' nuclear war starting in Central Asia, the world would be faced with the collapse of the global trade system and the discrediting of both Globalism and Transnationalism as failures to actually address the small scale needs of ethnic groups.

The coarse tooth comb of modern political ignorance is faced with a very fine-tooth problem and cannot adapt nor adjust to these changed circumstances.  It is not a new problem and has many other areas where similar factors show up:  the Balkans, Middle East and sub-Saharan Africa to name but a few regions with very similar and very volatile merging of the problems of the inability of the Western World to understand such things as personal liberty and accountability to society.  International institutions have proven not only unable to deal with these things but actually make matters worse by inflaming local hatreds and then not protecting those they are supposed to protect.

Anything that upsets the global trade system, however, has at stake not just local Nation State problems but those of global interdependence for such things as food shipments.  The US, as a main purveyor of many vital foodstuffs, serves as a major backbone to keep much of the world's population out of starvation, and yet the US is also unable to deal in any meaningful way with local ethnic problems or to confront trends that threaten this very same life support system.

Defuzing the possibility of a 'hot' nuclear war in Central Asia requires a change in political will and understanding to that of the earlier part of the Republic, and no political party is willing to give up 'modern' centralized and powerful governments for decentralized and yet accountable people taking up the fine-grained work that the 'modern' state is so woefully inadequate and incapable of responding to.  Unable to think about such things either from ignorance or ideological blindness by following pat platitudes, the political elite class is now acting contrary to long-term survival interests of the Nation and to the overall population of the planet as a whole.  And yet that is just what is at stake as the US has proven unable to adapt its Foreign Policy to such needs, and yet has all the vital tools at hand if it could just let go of power in its grasp.  That very Fascist 'will to power' and belief that government can solve all ills, puts the blunt instrument of government smack dab against the fine grained institutions of individuals forming societies of a relatively unsophisticated form.  And yet by taking up that unsophisticated form, it stymies all modern pre-conceptions about society, Nations and government.  Because of that the US is now facing the specter of a Cold Civil War that has the prospect of going 'hot' the moment a COIN conflict starts in Mexico or Pakistan hits the pot and disintegrates.

This status quo will not last much longer as there are too many and too many varied interests seeking to push the vectors involved in ways that are inimical to the US and its allies.

Saturday, October 11, 2008

Forgetting Franklin and the end of the Republic

“Well, Doctor, what have we got—a Republic or a Monarchy?”

“A Republic, if you can keep it.”

-A lady asking Doctor Franklin if we got a republic or a monarchy. (Source: Bartlby's)

The Constitution of the United States can be considered an enacting document to supplant the Articles of Confederation which, in turn, were generated by the Declaration of Independence.  In that reverse order you have the justification under the Law of Nations for a people to terminate contact with their sovereign nation and become a sovereign nation on their own.  Those things that are talked about in the Declaration have their basis in not only the Common Law, as seen via the works preceding the Revolution in Blackstone's Commentaries, but in de Vattel's Law of Nations and the works of Grotius on the Laws of War and Peace and Laws of the Sea.  While the opening and most stirring parts of the Declaration is to declare what individuals are to have upon this Earth, it also sets forward that governments are set forth amongst men and that man will put up with much in the way of poor government before it becomes necessary to overthrow it.  That is prudent, in that governments protect their citizenry.  When governments abuse such rights of their citizens as is guaranteed under the Law of Nations and by such things as the Peace of Westphalia, then man has the right, indeed the responsibility to overturn such government and form a new one that will adhere to common practices and principles to allow the greatest liberty to individuals with the least amount of interference from government upon the individual.

One of the paramount institutions that mankind has devised is to give government the negative liberty we have so as to defend our nation.  It is a way to ensure that other Nations and those who abjure all civilized conduct and revert to the Law of Nature to reclaim their negative liberty will have a civil answer to them.  It is a right that is understood before Christian times, as every community, every individual, when attacked may defend themselves with whatever means they have.  When the followers of Jesus prepared to travel they were taught in the art of defense of themselves and told that if they had a cloak but no sword, they were to get a sword (Source: The Holy Bible, Luke 22:36).  The sword is NOT the arms to be used against beasts: hunting spears serve far better or bow and arrows, plus are cheaper and easier to wield.  What the sword is used for is the skilled defense of oneself and, in a cohort, an item of hand-to-hand combat that is lethal when used with skill.  When man reverts to the Law of Nature to practice war on his own, or with similar individuals who leave the bosom of civilized ways, they cannot be threatened with mere bow and arrow, or spear.  They have skill and must be defended against and the training for a sword is for that animal on two legs: man gone wild.  If they have reverted to the Law of Nature, then those attacked can and must defend themselves as that is ALSO part of the Law of Nature.  The ability to attack also creates the ability to defend and the liberty and right to use it.

When society takes up arms against the sovereign nation that is their progenitor, there is more than a physical and moral cost, but an actual cost in lives and treasure.  The colonies went deep into debt to achieve freedom, not just to France, but in the burial plots across the new nation that saw 10% of the population at the start of the conflict dead.  Even worse 15% remained loyal and fled to other Crown Colonies or back to Britain.  That young nation lacked 25% of its starting workforce to pay off their heavy debts, and the Articles put down in 1776 had no means of allowing a central taxing authority.  When peace was achieved the States of the United States sought to pay off their debt in traditional means via law: putting heavy tax burdens on the population.  Many went bankrupt and by 1786 the rallying cry of 'No Taxation Without Representation' was being heard again.  The Baltimore Convention called for a new Convention to draft a better set of underpinnings for the United States in Philadelphia the next year.  The United States would have been sorely pressed if only one, minor uprising had sparked to a wider rebellion, and the Shaysites nearly did that save for an intercepted message and hasty action by the paid for militia to defend an armory.  One message, one man, is all that stood between trying to retain the poor government the States had or turning into a path of violent dissolution and bloodshed.  The Philadelphia Convention was not a convivial set of conversations, but a desperate attempt to find something common to have a stronger government and yet one that could not put the liberty of the common man at risk due to tyranny, oppression and high taxes.  That action, to discuss the Constitution that was proposed until the majority of the States ratified it was a long one, but it channeled the essential fury away from arms and to the printing presses, and for awhile the postings about this went fast and furious.

There were two prime areas that came under contention: liberty and accountability.

Liberty is your ability, as an individual, to receive recompense for work and to put it to use as you see fit.  That is a prime economic liberty, and one that government must recognize as belonging to the individual, not society and not to government.  You have no 'right to work' but you do have essential economic liberty that allows you to use your rights TO work and to then utilize the fruits of your labor as you see fit.  By recognizing the personal liberty and how rights can be exercised for that liberty, government must recognize that imposing a 'right to work' is meaningless and bureaucratic as the individual already HAS that right and the essential liberty to utilize it.  Getting good work and someone to PAY you for it is another matter as that, too, is an essential part of economic liberty: who you get to help you on common projects and concerns.  In trying to enforce a 'right to work' government removes the essential liberty of allowing individuals or groups of individuals to decide, for themselves, who best will help them in a common project or concern.  The 'freedom of association' is that essential liberty and when applied to economics it allows you to determine who you want to hire.  Whenever there are laws put down to require equality of hiring, they should not be 'quotas' to 'require' that an individual hire by group or category.  Ending discrimination by race, ethnicity or other surficial forms of difference, when the equality of individuals is the same beneath the skin, is a restriction that is necessary if we are to have equality of opportunity for the citizenry.  Requiring equality in hiring is a mandate and coercive force upon the citizenry and must be fought at all times as such a mandate is fleeting and can be changed at the whimsy of government.  If it can mandate who you hire by how they look, it can also tell you who to fire by how they look, and that would lead to millions dead in Germany during World War II and more millions dead to Pol Pot.  Pol Pot had a perfect determination of who lived and died by their looks:  he decided.  The law suited him *perfectly*.  The tens of millions dead because of their jobs or good looks in comparison to the Great Leader is another matter entirely.

That is tyranny.

When I looked at Change and the Republic, one of the essential parts from James Madison came on the division of government and why it was necessary. James Madison in Federalist No. 48 on 01 FEB 1788 would look not only at the Doge of Venice and have problems with that, which was a limited methodology of trying to get a weak executive that would also administer laws fairly, but had some say in how tyranny might arise with unchecked government.  He had problems with each of the branches of government assuming powers of the other branches, while each is to be distinct and separated and serve as a check and balance to the other powers of the other branches.  There is a 'Unitary Executive' as only one individual is President.  Those powers invested in the office of the President are the Executive powers and go with that office and NOT to either of the other branches of government.  Those are not 'co-equal' powers but balancing powers of different type and kind.  One prime worry was, however, the legislative branch, and what it had done in times past:

If, therefore, the legislature assumes executive and judiciary powers, no opposition is likely to be made; nor, if made, can be effectual; because in that case they may put their proceeding into the form of an act of Assembly, which will render them obligatory on the other branches. They have accordingly in many instances, decided rights which should have been left to judiciary controversy, and the direction of the executive, during the whole time of their session, is becoming habitual and familiar.

While talking about the Assembly in Venice, this applies to all legislative branches of all governments.  When by legislation a 'right to work', to use the above I talked about, is created, it creates an obligatory statute that the other branches must abide by.  The Executive can veto such an act and the SCOTUS can deem it unconstitutional as stepping in where Amendments IX and X hold all rights and liberty not mentioned as going to the federal government as retained by the States and the people.  If neither of those is done, then the law remains: a created 'right' by government that has no place in creating rights because all those not handed to it are reserved outside of the federal government.  The surest path of power in the United States or in any nation with a Parliament or strong legislature is through that very same legislative process and undermining the nation by it.  In an elected representative democracy the surest way to get such placement of individuals is by changing the political culture so that those against it become disgusted with politics and don't vote.

I looked at the this and found that Alexander Hamilton, in Federalist No. 26 from 22 DEC 1787 examined the ability of a legislative branch to create the military power to do this.  His idea, however, is more general than just that, but the accountability built in to the Constitution for the armed forces was meant as a check on that.  The more general point on how subversion must be slow and gradual, however, applies across-the-board to the legislative branch [bolding mine]:

The legislature of the United States will be obliged by this provision, once at least in every two years, to deliberate upon the propriety of keeping a military force on foot; to come to a new resolution on the point; and to declare their sense of the matter by a formal vote in the face of their constituents. They are not at liberty to vest in the executive department permanent funds for the support of an army, if they were even incautious enough to be willing to repose in it so improper a confidence. As the spirit of party in different degrees must be expected to infect all political bodies there will be, no doubt, persons in the national legislature willing enough to arraign the measures and criminate the views of the majority. The provision for the support of a military force will always be a favorable topic for declamation. As often as the question comes forward, the public attention will be roused and attracted to the subject by the party in opposition; and if the majority should be really disposed to exceed the proper limits, the community will be warned of the danger, and will have an opportunity of taking measures to guard against it. Independent of parties in the national legislature itself, as often as the period of discussion arrived, the State legislatures, who will always be not only vigilant but suspicious and jealous guardians of the rights of the citizens against encroachments from the federal government, will constantly have their attention awake to the conduct of the national rulers, and will be ready enough, if any thing improper appears, to sound the alarm to the people, and not only to be the VOICE, but, if necessary, the ARM of their discontent.

Schemes to subvert the liberties of a great community require time to mature them for execution. An army, so large as seriously to menace those liberties, could only be formed by progressive augmentations; which would suppose not merely a temporary combination between the legislature and executive, but a continued conspiracy for a series of time. Is it probable that such a combination would exist at all? Is it probable that it would be persevered in, and transmitted along through all the successive variations in a representative body, which biennial elections would naturally produce in both houses? Is it presumable that every man the instant he took his seat in the national Senate or House of Representatives would commence a traitor to his constituents and to his country? Can it be supposed that there would not be found one man discerning enough to detect so atrocious a conspiracy, or bold or honest enough to apprise his constituents of their danger? If such presumptions can fairly be made, there ought at once to be an end of all delegated authority. The people should resolve to recall all the powers they have heretofore parted with out of their own hands, and to divide themselves into as many States as there are counties in order that they may be able to manage their own concerns in person.

Hamilton identified another three-part check upon the federal government:  the States and the people.  Again these are not 'co-equal' parts of an equation, but ones with highly different set of weights, measures and goals holding each other in check and balance.  The Constitution required State governments to appoint Senators so that the States would have equal say in that House to balance the say of the people in the House of Representatives.  The federal government could no directly tax individuals save in equal measure upon all, thus the States were handed the bill to pay from the federal government doing equal apportionment via population and the States then allowed to judge how best to administer such common debt to their people.  This concept of federalism is to have equal balancing by complementary powers, not equal powers, both within and amongst governments and the people.  The scheme to undermine that did, indeed, require time, and yet, within a few short years in the early 20th century, that concept of check and balances amongst the federal States and the people would be overturned completely. 

In a short 10 year time span the entire principle of representative democracy, government by checks and balances and by having accountable government amongst the checks and balances would be thrown out the window.  That came about because the idea of having a 'modern' and 'efficient' government were put forth by those seeking political power in America.  They were known as 'Progressives' and sought expedient 'efficiency' to create an 'efficient democracy' while forgetting that the concept of representative democracy via a federal system is anything but efficient.  That is by design, not by backwardness attributed to the non-industrial era it was formed in.  The very necessities of having accountable government that is restricted is inherently messy, slow, inefficient, prone to lurch in one direction and then lurch back, and, generally, hold accountability as its touchstone.  The governments of Pol Pot, Adolf Hitler, Josef Stalin, Fidel Castro, Benito Mussolini, and any other tyrant or dictator you care to name is very, very, very efficient.  Democracy, alas, must seek prudence in creating and executing good laws from popular mandate and that is messy, slow, inefficient and generally keeps the level of tyranny down.

In a constitutional democracy founded on the citizen's approval of government via a common compact, there is one place to go to change that document:  the citizenry.  Those who seek power seek to worry the population, inflame the population and seek to goad the population into eroding the very protections put in place to keep them secure from tyrannical government.  The Progressives, Socialists (International and National) and all manner of those seeking more power for 'modern government'  started inflaming simple Populism and turning it into a means to sell the people on the idea that government owes them more than just equal administration of the laws.  The power to do other wise, once put in place and those backing such power elected to office, then have the necessary keys to power to undermine the population by a series of crises, rewards and supposed misdeeds of their fellow man.  That formulation doesn't require an actual, stated, political party, but a larger set of actors pressing for a factionalized set of 'social movements' to make those movements 'equal'.  While having citizens judged by the color of their skin is wrong, in a land of where all humans are equal in stature as citizens, it is wrong and unjust to require that society change to 'right wrongs' done by individuals who could not escape prejudice.  That is not a power of government, to change minds and hearts of people, it is up to society to do that amongst the citizenry in open forums, debates and to hear such equality of man from our fellow man and to reason it out based on our principles of equality of law.  Justices is visited upon individuals, but the law must be colorblind to ensure that Just Ends are achieved via law.  You cannot tilt the balance and create unequal law and say it is 'Justice': it is enforced discrimination and an attack upon essential liberty of individual citizens.

Economic liberty is also put into peril by coercive 'anti-discrimination' laws as those that put mandates upon hiring then force businesses to practice some form of social welfare that is, by definition, left up to society to decide not government.  Before that, however, there is another area that government utilizes to create such laws and that is the 'regulatory power' that has defined limits in the Constitution.  As per Amendment IX and X, if the federal government does not have a clearly stated power, then it has NO power or right to operate in an area.  Even when it is given a power, it is a highly limited one as set down by practice, Common Law and the Law of Nations.  Here, in a twist of fate that is quite ironic, the urgings of Alexander Hamilton to have the federal government take a larger role in the economy comes into direct conflict with how government accumulates power as he laid out in Federalist No. 26.  I look at this concept of the limited economic intervention capability in this article, and then I look at the beginning of the Progressive Era in Presidential politics by tracing it to Theodore Roosevelt in this article.

In Chapter X of his autobiography (Source: Project Gutenberg), Theodore Roosevelt clearly states his view on Presidential power [bolding mine]:

The most important factor in getting the right spirit in my Administration, next to the insistence upon courage, honesty, and a genuine democracy of desire to serve the plain people, was my insistence upon the theory that the executive power was limited only by specific restrictions and prohibitions appearing in the Constitution or imposed by the Congress under its Constitutional powers. My view was that every executive officer, and above all every executive officer in high position, was a steward of the people bound actively and affirmatively to do all he could for the people, and not to content himself with the negative merit of keeping his talents undamaged in a napkin. I declined to adopt the view that what was imperatively necessary for the Nation could not be done by the President unless he could find some specific authorization to do it. My belief was that it was not only his right but his duty to do anything that the needs of the Nation demanded unless such action was forbidden by the Constitution or by the laws. Under this interpretation of executive power I did and caused to be done many things not previously done by the President and the heads of the departments. I did not usurp power, but I did greatly broaden the use of executive power. In other words, I acted for the public welfare, I acted for the common well-being of all our people, whenever and in whatever manner was necessary, unless prevented by direct constitutional or legislative prohibition. I did not care a rap for the mere form and show of power; I cared immensely for the use that could be made of the substance. The Senate at one time objected to my communicating with them in printing, preferring the expensive, foolish, and laborious practice of writing out the messages by hand. It was not possible to return to the outworn archaism of hand writing; but we endeavored to have the printing made as pretty as possible. Whether I communicated with the Congress in writing or by word of mouth, and whether the writing was by a machine, or a pen, were equally, and absolutely, unimportant matters. The importance lay in what I said and in the heed paid to what I said. So as to my meeting and consulting Senators, Congressmen, politicians, financiers, and labor men. I consulted all who wished to see me; and if I wished to see any one, I sent for him; and where the consultation took place was a matter of supreme unimportance. I consulted every man with the sincere hope that I could profit by and follow his advice; I consulted every member of Congress who wished to be consulted, hoping to be able to come to an agreement of action with him; and I always finally acted as my conscience and common sense bade me act.

Theodore Roosevelt clearly goes outside the lines of a restricted federal government by intentional act, not by happenstance or by chance.  Within each power domain the power of government is Sovereign: no others may hold those powers.  Those Sovereign Powers are highly delimited and restricted, and cannot be 'broadened' beyond common understanding of what they are.  By trying to appeal to the Preamble, Theodore Roosevelt forgets to mention who is speaking in that part of the Constitution:  We the People.  It a statement of a people forming a common compact that agrees upon common things they agree to do, and that government is just one way to achieve these things.  In all other instances, when government cannot do that due to its restrictions, the power of the people is Sovereign.  The people set themselves tasks and broad common agreement and then agree to utilize limited government means and ALL other means possible to achieve them as given in Amendments IX and X.  Inside government you cannot appeal to this as a 'broader base' for your powers: if they are not given to you in restricted means, then the people and the States retain all such powers.  And as the people are the SOURCE of such powers, government is limited by intent and obligated to live with that intentional limitations as given in the Constitution. 

The attack upon such 'backward' and 'archaic' government did not start with Theodore Roosevelt, but the first instances of successes would be traceable to the acts he first took in the office of the President.  Agreeing to a Treaty to limit opium is outside the regulatory powers of government, which had already mandated food and drug purity acts so the citizenry could be informed of what they were ingesting.  President Roosevelt was pressured by religious groups that sought a moral basis for such a treaty, even if it contravened the power given to government.  The government could shut off ALL trade with a nation that produced opium or used it, or put high tariffs on them, but it could not restrict the use of it once inside the country.  The first shift to 'moral' and 'efficient' government starts with the restriction of individual rights and liberty under the Harrison Stamp Act formed for the Shanghai Convention Treaty that President Roosevelt sent emissaries to attend as representatives of the government.  That was not an act of 'broadening' power, but one of bowing to pressure for authoritarianism and restrictions upon the general citizenry due to the moral outrage of the majority.  In a few short years doctors were being imprisoned for dispensing medications and an underground economy would form that would start to be supercharged with funds once this moralistic view of government got fully put in place with Prohibition.  And we live with the powerful mafias and drug cartels on a global basis that now wield as much or more power than many nations.  In trying to stop the exercise of liberty, we have paid dearly in cash, lives lost and individuals imprisoned because we could not form up simple 'clean and sober' laws for ensuring that the public was not put in danger by unsafe operation of vehicles, industrial machines... or government.

The Executive clearly did not act alone after Theodore Roosevelt left office, and even though Taft would serve he was a disappointment to Roosevelt, and the three-way battle with Woodrow Wilson would see Wilson winning the Presidency.  Later on in his autobiography Roosevelt takes his problems with Wilson public, not only responding to the criticisms of himself but also trying to figure out just what it was that Woodrow Wilson stood behind politically and philosophically.  What is the undertone that comes through from that work and Roosevelt's speech on the fitness of Americans to choose their government, is that he was seeing the additional power that he had added to the office of the President going to someone he did not understand or trust.  President Wilson would work with Congress to enact some of the most major intrusions into the lives of ordinary Americans and reverse the position of the US in regards to a National Bank system that had been laid down to rest in 1832.  The arguments in 1832 was that such a system was prone to cronyism, foreign influence and did not reflect the needs of the common man via banking direction and ownership.  Those exact, same problems would then be instituted in the new Federal Reserve system so as to marginalize the input of citizens and maximize the input of unelected bureaucrats and banking members.  That system worked so famously in 'regulation' that it took a stance in 1928-29 that would push the economy over the edge of a financial precipice into the Great Depression.

At that point in time the House of Representatives had already taken one severely anti-democratic measure and that was to set its own size as fixed while the population grew.  What that would do, over time, is water down the ability of the common man to know his or her representative.  Considering that the House would expand by nearly 50% if it kept its then-current 1911 ratio by 1940, that indicates that each member's representative ratio climbed.  Although the number of House members is fixed, the actual say by population percentage of an individual declines as the overall population rises.  This was clearly a problem and criticized before the Constitution was ratified by a number of individuals, and it was seen as an opportunity to dilute citizen based power and the ability to unseat unrepresentative members as they reward some over others in their districts.  As those following 'Progressive' doctrines say, they wanted a more modernized system, but they then have stuck us with a House of Representatives sized perfectly... for 1911.  When one criticizes representative democracy the foundation of having a growing number of voices to reflect the diversity of a growing population must be taken into account.  Indeed, at the founding with the Constitution, there was an extreme criticism that even at the most representative levels allowed, that being 1 per 30,000, an individual would have a hard time ever knowing someone before they were elected and then have trouble getting them out of office once they gained political favors.  Today that maximum House would be nearly 10,000 members, and yet we have a number of corporations on a global basis easily able to sustain such levels of human interactivity.  The question of the utility of fixed modernity against the capability of representation for maximum citizen input becomes a clear and vital one of the future.

Today, when looking at the 'global financial crisis' which appears to be delimited to areas that involve political meddling in the economy and practices that rival those of 1928-29 for leveraging money, one must ask: if all of these government institutions were meant to solve the problem, then why has it happened again?

What is astonishing is that in the manufacturing areas, the economy is robust with company growth and profits rising amongst many of the 'blue chip' firms.  Someone has certainly made adaptable financial and market structures, but not within government as these companies prove out.  The efficacy of regulation that has failed us, that has concentrated economic power into the hands of unelected individuals who are then pushed by those seeking 'social engineering' to political ends must come to the forefront.  If those on the current Left laud Europe, then they do have to face up to Europe being in a WORSE state than the US at this point in time.  Those highly regulated economies were already suffering from declining productivity, declining growth, and declining populations.  Now, with a financial problem the very institutions set up to mitigate them have failed and they do not have the economic power to drive themselves out of the problem they are in.  Government cannot mandate good economic times, save at a huge cost in personal liberty and freedom.  Then you don't have those to complain with and retain a voice in government.  Yet the omnipresent answer is always:  more money to more unaccountable individuals with less oversight all in the name of greater 'regulation'.

For all of these problems, the founders understood it in their terms via authoritarian governments that caused havoc due to changing political and familial ties.  The concept was to remove that influence of government as much as possible and to keep it out so that individuals would have a common environment that was equitable, equally administered and Just.  That would mean that not every trial, every circumstance or every happening would have a happy ending, but it would ensure the regularity of the overall system as we understood it was not set up to be 'nice'.  By providing 'a shadow of a doubt' for a reasonable common man as reason to let someone off, we took the position that punishment required unequivocal positive proof of wrong doing.  Even with that some innocents would still be punished because we are humans and live in an imperfect world.  Fairness is in the eye of the beholder and hard to pin down, but equal understanding of the law and how its processes works are to ensure equality of treatment if not Justice in each and every single case.  Those seeking a 'fair' system, a 'modern' system, and an 'efficient' system should be pointed to the killing fields of Cambodia or the gas ovens of the Third Reich: those were fair, modern and efficient.

Thus we are left with imperfect tools being wielded to ill-understood and unachievable ends in search of objective fairness.  No matter how nice the idea, that comes down to someday, those seeking 'fairness', ultimately finding out that a changing whimsy of what is 'fair' will put them on the short end of the stick.  By removing trust from ourselves and trying to place it into institutions designed as a punisher, we find ourselves wondering why such wonderful and lofty ideas as 'housing projects' begin to look like prison camps run by the inmates.  By seeking to mandate 'fairness' there is a creation of inequality before the law and administration of it.  Every time that is used for justification of an expansive government in our modern era, it has come to ill and lethal ends.  It is strange that a society that started out knowing that charity is in the doing and the giving on your own to build a better society now harbors those within it that want to remove individual liberty and rights and hand them to government for various reasons.

I do understand what the founders sought and it is the most highly adaptable system of government ever devised.  It was to be limited and play as little part as possible in daily life and allow the good people of the Nation to adapt to a changing world and representing them in the greatest amount possible to do the very basic things required of government.  That was what was put down in at the founding and it is one of the most 'modern' forms of government ever devised because it depended on a changing people who came together to be in a Nation with each other.  And when the call for a 'modern' system arises, its form must be examined to ensure it retains the greatest free play of liberty for the population just like the original one.  It is our trust in each other and self-governing that allows us to have a common society for the good of all concerned.  When we place those things in government *itself* we start on that road to tyranny and despotic ends justifying any means to get them.  Because the most adaptable form of government isn't one made today, but one made in the 18th century by a group of people who came together in common cause to break with their mother country and form such government that would not oppress them nor their children for their societal and religious views.

We are forgetting the wisdom of Ben Franklin.

And that will only come to bad ends.

Wednesday, October 01, 2008

Liberty, freedom and rights

The three words used to best describe the United States come with deep roots in our culture and civilization as a whole, and are descriptive of what mankind has no matter what their ethnicity, race, culture or place on the planet.  In truth these are universal descriptions of what mankind has, being born mortal within the Law of Nature that preceded all of us.  Be that Law of Nature set down by the Divine or by the result of chaotic decrease of entropy due to the local solar increase, these Laws are immutable and their result is to create a pure environment of all liberty, freedom and rights.  That is what we come from, a pure stock of complete and total set of liberty, freedom and rights, just as all animals continue to have in nature to this very day.  Some rhapsodize over this state of being as being 'more pure' and in many ways it is as it is purely about survival, day to day, hour to hour, minute to minute.  When one exists like that it is at the mercy of nature and one's own capabilities to utilize all tools, wits and knowledge to survive.  Mankind, when pressed during the last ice age and the change in climate necessary to bring that about faced a bottleneck and dwindled to a few tens of thousands of individuals, less than a small town's worth spread over Africa.  A few years worse than others would have brought our kind to extinction and left a world unchanged by the hand of man.

When one describes that Natural realm and man's place in it, we also put the terms 'red of tooth and claw' into it.  Without our mental capabilities man would not be as fast as the cheetah, as wary as the gazelle, as fearless as a great white shark or as dominant as a tiger in its territory.  The ability to form community of a very basic sort, that of existing alongside others like us, dates back far into the pre-historic eons and we see evidence of this in the fossil record: Tyrannosaurs living in family 'groups' or 'packs' and even evidence millions of years before that to the first of those developing an internal support structure of schooling and living in swarms so that a predator would have problems getting any, single individual.  Perfect liberty that would see us as alone in the wild was quickly put aside for the purpose of group survival of those who looked the same and could be bred with.  Perfect liberty saw its first compromise, not due to governments, not due to society, not due to any other action save to survive.  Those that hunt alone are pure descriptions of perfect liberty: alone, depending solely on one's wits, and rarely coming together to form a larger group.  We, perhaps, over idolize such beasts as they are all, without exception, carnivores and range over territory in search of one thing: prey.

A more discomforting thought cannot be presented to those seeking perfect liberty: be the hunter or the hunted and being the former can still mean the latter.  To survive by depending upon others that look and act like us is something so deep that it cannot be easily expunged, and those who try live short, bloody lives.  Being solitary or 'a loner' gets one distance from society, true, but society also begins to withdraw its cover for that person.  Because we have some predatory pre-history in our lineage as evidenced by our teeth and internal organs, our civilized society can and does breed contempt and hatred for such outcasts because they, like others that live in that way, are perceived as predators.  By taking up the negative liberty of isolation so as to gain more perfect freedom, society begins to diminish the rights of those to be free and at liberty to do these things.  It is that process of gaining coherence that allows society to be created that is the greatest turning point in our species, and it has brought with it marvels of advance and perils of disaster, both.  For the Law of Nature never cuts just one way.

In forming social groups we begin to form this thing known as 'society', and this formulation demands that some negative liberties be set aside to gain a part of the greater whole of society.  While solitary survival can be accepted for certain times, say initiation rights so that a youngster experiences and understands what the value of society is outside of Nature, for most times those negative liberties, negative rights and negative freedoms must be set aside for that social grouping.  We see these basic forms of society in primitive peoples who have come to light in the 20th century: Yanamamo, Higgi, Dani, amongst many.  These peoples create common norms and accepted behaviors within their groups to form culture and the basis of society, and then express those things via their culture to demonstrate that they understand nature and themselves and are actively making themselves different than man in the State of Nature.  These societies also demonstrate the hard and fast limits to them: population density and being able to get along with your fellow man. 

Ethnographers examining these cultures with as little influence as possible see a maximum size of the cultural village as between 80 and 210 people, often centering on the 150 mark.  That is man's natural tolerance for higher identification in those first and most basic of societies and causes factionation, fractionation, division and creation of new societies due to disagreements within larger groups.  And when 'bad blood' causes a split, it also brings with it the Natural Law of War which is available to all individuals.  These early societies do try to curb it by setting up a status system or systems, often depending on tribal leaders, but the ability of an individual to fight, on his or her own, and still be praised for it is present.  Of the greatest leaps of mankind, the ability to finally distinguish between the negative liberty of personal war and separate it from the necessary liberty of war for survival has not been bridged and both are utilized with no differences seen between them so long as an individual benefits their social group by personal warfare.

Early civilization would require something known as 'civility' towards those with differences and a recognition of common culture even with superficial differences.  That 'civility' comes at a price, and the price is to learn to set aside differences and create a common culture that is deeper than minor differences and disputes.  To achieve this there must be a commonality of structure between villages and that requires a higher order of connection and ways to resolve disputes.  It creates the most capable and most lethal of things that mankind has ever devised:  government.  This is not just government on the local scale, which could be based on age, insight, personal power or a combination of all of those, but one of starting to invest more of the negative liberties and their regulation to a common form of government that all under it would abide by.  If the shift from solitary to group for survival was stunning and the movement of groups to social organizations necessary, then a move to common, agreed-upon government is revolutionary as it creates the first true structure outside of the Law of Nature that is absolutely driven by human means and desires.

For government to operate it must have powers to enforce the commonality it is taking part in.  We, as individuals, vest in it the negative liberties of restriction of action, punishment, and decision making for the group.  In return there is common order, common laws and common protection against those that have radically different views on society, culture and government.  These societies can still be seen in Pakistan, to this day, where Waziristan and the North West Frontier Provinces of Pakistan are home to ethnic Pashtuns, and the south western and Iranian border areas are home to ethnic Baluchs.  These areas have been considered 'lawless' by Empires of all stripes - Chinese, Mongol, Indian, Persian, Russian, British.  This is an area, much like the Balkans, where geography drives ethnic divisions and close adhesion to hard differences due to ethnicity, culture, race and social background.  These are the areas where the largest of those keeping up Private War groups still exists in a form unchanged much by centuries, and they go by the generic name of Lashkar.  These societies still have not taken that greatest of all steps to remove Private War as an acceptable option for individuals, and due to geography these organizations are still very, very effective.

Weakness of these early types of government are seen in that sub-groups without restrictions placed upon them, can bring all their peoples to war by private activity.  Forms of this still go on across the world in Kenya, Turkey, the Caucuses, and the Philippines. Even when there are splendid cities in such areas, they do not form that next step upwards of centralization and investment of negative liberty in government for far greater protection.  That early discovery happened in many places in Mesopotamia, Africa, Asia and the Americas and while their peoples would vary, their creation of this thing called a City State would step from the loose organizations of the past and into one of highly centralized authority for common protection and defense.  Even these formulations, however, would still have deep ties to Private Warfare as that is based with individuals and is a liberty that cannot be removed by any government.   When you are attacked by wild animals in Nature you have the paramount right to wage private war in your defense and no one on this planet dares try to take that from you lest you become mere prey and fodder to the powerful and hungry.

We still have records of the City States of ancient times in Greece, along the Nile, in Mesopotamia, China, Korea, Japan, India, Aztecs, Toltecs, Maya and Inca, these City States would form the nucleus for the first large scale expansion of common culture and common conflict.  If these Empires saw their culture as supreme, and they had no reason not to, then the domination of other cultures was something to be asserted.  These interactions would create the first large scale forms of defense and warfare and the first prosecution of those waging private war that would endanger society.  If their ability to knit together a large area is seen, their weakness of internal structure and to form a vaster cultural common identity is also seen.  That step would be taken many times, on many continents, but the most remembered is the greatest failure that lived almost no time after his death.  If Alexander the Great created a vast Empire, he lacked the means to hold it and yet laid down a common pattern and culture wherever he went so that the tales of his passing are still told in the highlands of Afghanistan.  It was not his Empire that would outlast him, but the common stories and remnants of his culture that would begin a long process of setting a common theme across a large territory.

Alexander picked up after the fall of the City States and a generation past the first attempt to build that hard common culture across multiple Cities that would endure.  That was done by the Spartans at the Hot Gates and their failure would demonstrate that the culture can produce the most stalwart of defenders for all of the people of a land.  And while they failed at the Gates, their comrades and sons would not fail in forcing an Empire back and cutting its floated bridge and rending it asunder.  That society which cohered after the fall of the 300 would produce Alexander who would finally create the first Nation and he would take it to war to avenge the prior attacks on his people and succeed beyond any dreams of success held by any forerunner.  That Nation would more tightly hold City States together by common culture and form the basis of development of a National Identity.  To get that local administrators had to give up local ideas and hold to a more common set of ideals of what it meant to be this thing called 'Greek' which would span across multiple ethnic groups.  The peoples of Attica, Rhodes, Asia Minor, all the way up to those by the Black Sea would gain an identity that went to their culture they held in common and create the Greek Nation.  Alexander's Empire would fall quickly and yet leave those hard traces of Greek culture all the way to Afghanistan and change the ruling culture of Egypt for centuries until the old ones would be lost into dust.

By enforcing law across multiple ethnicities the Roman Empire would do what the Greek could not: create the Imperial State.  Rome would arise over Nations and yet leave many of the local ruling systems intact, as they only wished for commonality of trade and laws across the Empire.  In paying that tribute in taxation, a Nation gained protection from Rome and would benefit by vastly increased trade.  Rome prospered even as it decayed, because of this, and only once the power of the Legions was no longer the clear winner on the battlefield did the Empire start to implode.  What Rome had done was demonstrate the clear and remarkable benefits to large scale rule over society, and while the primitive cultures, still existing in the way we see in Pakistan, would overwhelm Rome, they would gain the infusion of what common culture was and how to protect it.  To support their cultures, these people would form City States and then National Identities in quick order, on the scales of lifetimes or even decades, and then the remains of Roman Law would be implemented by the rulers of these Nations and create what we would call Nation States.

In truth the hows and wherefores of how these Nation States would act had already been set centuries earlier by the City States.  We can read about those in the few chronicles of the Spartans, and even before that in the Iliad and Odyssey and see the traces of those ways.  The foreign ministry archive of the Hittites demonstrates that how you ran a State was well understood and its forms and protocols had been set down and existed for centuries as an understanding.  All Empires practiced them and the first Nations would take their steps with Alexander and finally get the solidified commonality of law from Rome and from another group that depended on common law for survival: the Nordic Peoples.

Migrating from the Caucuses, with the Laplanders coming from more polar regions, these peoples would have a harsh identity that grew up from the end of the glacial period.  They were not unaccustomed to working with foreigners in their slow migration north and a little west, and would pick up further sustainment of their common cultures as they went.  While their ethnic differences are high, their agreed-upon emphasis on common law is ancient and took hard root in the lands they settled in with isolated towns requiring strong and local self-defense.  If the southern cultures took up commonality for greater governance, those of the north took it up for greater protection.  What was added in, however, was the harsh accountability of those folk, so that no King would be able to do something contrary to the local officials.  If Empires and Nation States to the south saw Kings ruling over the law and setting it, those in the north saw the King beholden to the law and answerable to it.

Here the coincidence of how these Nations would run bear striking similarities while having vast differences.  If the common people would give up local powers for treaties and such to government, in the South they would have to obey such treaties while in the North they would seek common concurrence  amongst the people.  What would come from the South is a final uniting and, finally, disuniting force, which had held City States, Nations and even Empires together, and that is organized religion on a mass scale.  The Roman Catholic Church even took up the Roman Army divisions amongst personnel to have a recognizable authority structure, and that structure set the tone, temper and outlook of the Church.  If the Roman Empire had failed in secular administration, the Church would seek to give divine administration amongst these Nation States.  That would work well until the ideas of the North had percolated down through the Germanies and into Switzerland, meeting up with similar groups in France and Spain.  If the southern organizations would be persecuted and tortured with little recourse against the Church, those to the North did not take kindly to being told what they should do with the universal message of peace brought by the savior.  Martin Luther would put down that all men had the right to read the Lord's words in their common tongue as the message of salvation was universal.  And millions would die for the right to exercise freedom in pursuit of personal liberty to worship as one wished to do.

Our 'clash' of the secular and divine is not new, it dates back centuries to Martin Luther and that simple and most basic statement of positive liberty to interpret words of salvation to one's own end as one wished without persecution.  The wars in France, Spain, Italy, and finally the Germanies would all be done under the aegis of fighting for 'The Prince of Peace' and would finally put a hard limit and boundary over Nation States and how far they may go in coercing one to live.  Empires have that capability, but Nation States do not save internally and never externally.  Any Nation seeking to do this, today, is Imperial in outlook and is seeking to expand Imperial rule via religion.  That highest of civility, to allow your common man in common culture to worship as he or she pleases is the greatest liberty one has.  Even in the slave pens of Rome, one could worship as they were able, so long as it fell under the sanctions of Roman Law.  A high and dear cost that would count 20% of Europe dead at the end of the 30 years war would set down and establish that the modern Nation State had no say in religious preference of individuals, so long as it was peaceable and within set bounds of society.  There were three allowed:  Catholicism, Lutheranism, Calvinism.  These, in turn, would seek to persecute others *not* within those allowed and the final, great migration of religious outcasts would come to the New World and expand religious liberty  in that doing.

The Peace of Westphalia is a Universal Treaty made to set apart the secular and the sacred.  They can and do influence each other and, with reason, can offer hope, guidance and salvation to each other.  If the United States has Christianity as its Bedrock, then it is in the plurality of the views of Christianity that give it its strength and tolerance.  The greatest gift of mankind is not religion, but reason: so that we can distinguish the actions of the divine from the common and ordinary, and lead good lives with the teachings from the divine to enrich the secular lives we have.  The death toll to *not* doing so, from EITHER SIDE, is staggering, as those Nation States that have practiced the secular over the divine have clearly demonstrated in Stalin's Soviet Union, Pol Pot's regime, Hitler's Germany, and in all the intolerant Nations that still dot this planet in the far east, central asia, middle east, africa and south america.  Both offer staggering death tolls and when reason is set aside for divine or secular mandates that require obedience in the area of the sacred, blood flows.  If you descend from European lineage, all the way to the Poles and Hungarians, then you fall under the Universal Peace.  It allows intolerance within its bounds, but has acceptable toleration as a hallmark and requires civility to those who may, at first, seem strange in their beliefs.  In the United States and Canada we get this through the Restoration of the English Crown after Cromwell via the lineage of the Winter Queen and her children.  To step away from Westphalia requires that a Nation actively do so, because the Treaty is presumptive: it is a civil means to say that Nations coming under its lineage must act in certain ways towards it citizens.

Citizens must also recognize it and behave towards each other in civil ways, as that is the Nordic lineage put in by those who would sign on after Gustavus Adolphus died from wounds in 1632 after defeating Catholic Armies time and again.  Because there must be common and civil understanding to have acceptable norms, that was something that he fought and died for and after his death the Great Peace would embody that ideal.  That requires that personal freedom of intolerance give way to the rights of those who hold other beliefs and that you will not use the negative liberty of Private War against them.  No City State could have clearly done this thing, nor any Empire.  The foundation of the division of secular and sacred requires that it be upheld by Reason created by man as we are too feeble to understand the divine in all its glory.  Nor are we to take the divine laws and put them into force until we use Reason to assure that they are good and that there is support in society for them and accountability to both government and the individual contained within them.  If the Bedrock of the Republic is Christianity the Cement holding it together is Reason.

That high ideal was spoken of often by Christians before, during and after the Founding and upheld time and again as the multiplicity of Christian forms did not fall into any one neat and easy to define category.  Many Christians did not even see Christ as Divine, but a spokesman for divine wisdom granted to man from previous teachings.  More than a few founders, Sam Adams and Thomas Jefferson come to mind, would put forth screeds against Roman Catholics as not being true Christians or so absurdly wrong-headed in their beliefs that they would do more harm than good if they ever held elected offices.  The difference between the Orthodox and those outside the Orthodoxy were high, and some few wondered if it were right to allow these into the larger society.  What would come to the forefront, however, is that doing so made these religions no different than those that persecuted THEM and drove them to the New World.  What would bring these disparate cultures and religious beliefs together is commonality in being oppressed and having their rights ignored by the Crown.  As subjects the colonists also were citizens, and in having the Crown step from the Magna Carta and remove their ability to be heard in Parliament while imposing taxes and authoritarian rule, the differences in religion paled into the commonality of repression and no longer being regarded as equal citizens, but as foreign subjects.

What this entire history did was to create a brand, new way of examining what Nations were and how they would come about.  It was summed up in much, much less verbiage in the Declaration of Independence, which starts at the simple, and self-evident truths of all men being created equal.  It then steps through the cause for having society and having government and that government be answerable for its condition.  To form a new Nation there is a direct and specific listing of grievances and of things that have been denied to citizens who have them as their due.  In many ways it is the latter 2/3 of the Declaration that goes absent when we recall it, and yet it is the more powerful part of the document as it is not summing up what is known, but is saying that Reason gives man the right to form Just government for Societies and that it must not do as has been done to us and then lists each and every single thing that has been denied to citizens as their right and expectation of freedom.  In the exercise of liberty these rights must not be abridged and society must be protected via the freedoms we have and by government upholding those freedoms to enact liberty via rightful means.

As the first 1/3 of the Declaration is remembered so well, we forget that the following 2/3 gives the direct reason for creation of new government and that it is not taken up easily or lightly, and that we will, indeed, suffer many ills as citizens until they become insufferable and demand new government.  In giving up negative liberties of coercion, Public Warfare, and regulation to government, citizens can and must be protected by such government, the rights and liberties protected for the people to be free, and that government cannot enforce any more than those few things lest it infringe on the positive liberties and rights of the people.  From that we go from the Condition of Man to How Man Deals With His Condition.  How we deal with it is something that must be individual and recognize the need for common governance that does not infringe upon the good things society is the basis for.  Thomas Paine would sum it up that society is the basis for the good of the Nation and that government a necessary evil: the first a benefactor, the latter a punisher.

It is only in modern times starting with the fallout of the French Revolution and Bismarck in Germany that we start to see the idea that the State coming to control society is a 'good' thing.  This was spurred on by Socialism as avowed in the 19th and early 20th century and taken up by the Progressives in America.  Many would seek to start changing that accountability of government and the citizenry and to make government less accountable and the citizenry more restricted 'for its own good'.  That is a strange thing to put forth in a land where it is the citizenry that is to have the greatest free play of liberty and rights and government is to be held small and accountable lest its ability as punisher be used wantonly.  While busting monopolies and having child labor laws is a good thing, to free up capital and to ensure good opportunities in life for children, restricting medicines and shifting from minor regulations on our economic lives and moving into trying to manage and control the lives of citizens via those means is the slide from 'good and reasonable' to 'punishing due to moral outlook'.  Even worse it diminishes the citizenry by those holding such beliefs and attempts to enforce beliefs without reasonable basis upon the citizenry.

Shifts from reasonable regulation to put actual ingredients in foods and medications to that of suppressing some medications in attempting to cure a 'personal ill' flies in the face of that 'personal ill' reducing as people came to understand what was in their food and medicines.  Government shifting from common defender to common enforcer would also shift the basis of power away from its tripartite self-correcting system between National, State and Citizen input and change it to National and Citizen and begin to relegate the State to obscurity.  Yet it was the cultural differences in the States that made the Union vibrant, even in some forms of disharmony, the work to bring common accord meant a commonality of vision that would need to be reasoned out amongst citizens.  By the mid-20th century that would shift to enforced regulation of personal habits, activities and government trying to do 'good things' in its role as punisher.  That trend comes from the socialist ideal of a common working man needing some 'guidance' from those who knew better, so that while espousing such things as 'workers councils' the formulation of that would be authoritarian and highly controlled from the top heading downwards.  If America grew that during the Progressive era, then Europe would get a serious and contagious infection after World War I and the world would witness the power of industrialized, authoritarian States seeking to impose its will on its own people and its neighbors.  That was not 'progress' but a step back to Empires ruling over States, save that these new forms would try to enforce exterior government and controls, not heeding the wisdom of Rome.

While many of these countries would be seen as 'successful' and 'modern' in their rise, after the Second World War they would be despised in outward form even as many elites admired their inward control over their citizens.  If the American curve on 'Progressive' attitudes is more retarded in compared to those in Europe, it is due to the Founding influences, even as they are attacked on a daily and continual basis by elites of all stripes.  That would see those playing upon race and divisive ethnic politics supporting removing individuals from home ownership in poor areas of cities and concentrating them into high rise tenements that would dissolve the ownership culture and truly impoverish them, not just keep them poor.  In no time at all the existing culture decayed, violence rose and thugs of all sorts would roam the streets... because this was a 'good thing'.  And if you spoke out against the violence done by removing that culture of ownership you were deemed 'racist'.  Strange that the very ones who would espouse the hatred of government would come looking to it for handouts.  While urban poor turning to gangs has been a constant theme in America, those gangs were moderated by a large presence of steady homes and families.  Once that stability was removed, gang violence increased and the ability to enforce any civility declined.  And then government would come in with regulators to try and change the basis of society and how we live our daily lives.

Over half if not two-thirds of all government regulations have been put in place since 1972, and for that we get to pay high taxes for things that industry and commercial groups were already doing to themselves.  Engineering, accounting and other standards bodies required no government oversight, yet got them.  Today it is impossible to live without breaking some standard, some law or some minor bureaucratic rule, and the citizenry has gotten not to care about that.  In changing from the Rule of Law to the Law of Rules, we get a society where lawyers were few and far between in the 19th century to being a positive growth service that has much time, energy and money sunk into it with little return.  Even into modern times it was possible to sit on the Supreme Court and not ever have been a lawyer or judge: the common man could understand the effects of law and see if it conformed with our liberties and freedoms.  Today you can't even make sure that walking across the street is legal.  That is the form of government by punishment and restriction that starts to sound a lot like the rule of the Divine over the Secular.  This time it is the Elite Secular over everyone, and their credos, maxims and ideals start to look a lot like a religion.

Yet we are born free.

Those Elites wish you to believe that encroaching government is a one-way street or a 'nose of the camel under the tent'.  I take the alleyways.  And once the head is under the tent, its a good time to step outside and let the body of the beast know it can't be in two places at once... and it just might make good camel steaks.  Having our liberty and freedom exercised via our rights is a great boon to create good society and hold government accountable.  What is done by the hand of man, save for taking of life and there are arguments on the common law side there, too, can be undone.  It is not 'the rights of the unborn' but trying to keep a society together so that we can have children not brought up in chaos that matter to me.  I am willing to let common law from ancient times have its say as moderated by our scientific advances, so that we don't get a new elite view to go with that of other elites each seeking to restrict liberty and freedom.  Using Reason requires us to acknowledge that no matter what the Divine Will *is*, the hand of man must control his destiny until we get more perfection in our understanding of ourselves and the Divine.  It is the authoritarian attempt to impose *any* culture from government on the citizenry that I detest, and the ways and means it does so is toxic to having a common culture and National Identity.  If we cannot keep this limited form of government LIMITED then the next step is Imperial Rule, and we have a few main competitors for that in religion and the secular side and NONE have any reason to espouse liberty, freedom and your rights as a good thing to uphold.

Believe as they do.

Or else.

I am not impressed by either the Left or Right, Liberal or Conservative, who espouse using government to enforce their beliefs upon society.  It is authoritarianism at its most toxic, heading to its lethal form as it builds up and cannot be gotten rid of by the citizenry.  And it is the citizenry who are hurt the worst in giving up their rights, freedom and liberty to decide for themselves, as these new Imperial dogmas have the liquidation of non-believers as its goal.

Over these last few days and the days to come we face the turning point of government as regulator to government as controller.  President Andrew Jackson stopped the National Bank when it came up for re-approval, so that our security would be in our own hands as citizens in the economic realm.  Today the Elites have made sure that no government institution ever comes up for re-approval.  That is their one-way street.

It is a dead end for your freedom, rights and liberty.

The headlong rush at high speed into that dead end is worrying.

And no one willing to pull the Emergency Brake and say 'End this infringement upon the common man' is horrifying.