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If I were
governor of a state, or even a legislator, I would put my
weight behind a secessionist movement; not secession from the
Union, but secession from Washington. I would do so exactly
because I favor the Union, as originally conceived and my
advocacy of secession would be based on the same reasoning
that prompted initiation of the Union, namely that divided
authority is a good guarantee of freedom.
The Union
was—it still exists on paper—a voluntary association of
autonomous states, each invested with all the political
authority not specifically assigned to the federal government.
Outside these limitations, the federal government could not go
while state authority was restricted only by the Constitution.
This neat political package is being clawed at by the
power-mad denizens of the cocktail capital of the country,
simply because so long as it remains intact, no matter how
damaged, they cannot achieve their ultimate purpose of
complete centralization; and the American citizen has some
hope of avoiding a regime of absolutism.
The importance
of bolstering the Union concept looms large when we consider
how far centralization has gone, in the economic field.
Through the instrument of taxation, one-third of our economy
has already been centralized. Through subsidies and
regulation, our industrial plant is virtually operating on the
fascist pattern of the private ownership under federal
control; outright confiscation waits only upon the excuse of
war. Through involvement of our financial institutions in its
fiscal schemes, the government has, for all practical
purposes, reduced them to mere agencies of the United States
Treasury. Through labor legislation presumably intended to
favor the worker union leaders are able to ride herd on our
basic industries, and the nationalization of labor can be
effected by simply drafting these leaders into the government.
Politically,
however, the drive toward centralization is handicapped by the
residue of power still remaining in the state governments.
This fact was recognized by the maniacs of centralization who
invaded Washington early in the New Deal era. Promptly, Mr.
Roosevelt’s notorious Temporary National Economic Council
proposed the division of the country into
"administrative" units. With the usual double-talk,
the TNEC denied any intention to circumvent the Constitution,
but argued the impossibility of carrying out "national
programs" under the handicap of divided authority.
The
unlikelihood of getting the states to vote themselves out of
existence turned the centralizers to other means, such as
bribing the state authorities with patronage, alienating the
loyalty of the citizenry with federal subsidies, establishing
within the states independent administrative bodies for the
management of federal works programs. It will be noted that
these management bodies are called
"authorities"—and that they are, in fact, set up
to take care of political matters coincident to their other
functions. The current urgency for FEPC, with its promise of
using federal troops for the enforcement of the law, is in
line with the policy of liquidating the autonomy of the
states.
The
centralizers know their history. Wherever absolutism got
going, the liquidation of home rule prepared the way. A half
century before Hitler, Bismarck had cleared the road for him
by wiping out the independent German states. Cavour did as
much for Mussolini in Italy. The Czars made the advent of
Stalin easy. Centralization is the antithesis of home rule,
and the dualism written into our Constitution is an assurance,
so long as it remains in effect, that Washington will have
trouble in achieving Moscow.
The first step
I would take, if I were governor of a state, would be to
require every school child to become familiar with the history
and theory of what we call states’ rights, but which is
really the doctrine of home rule. For, it was precisely the
fear of centralization, such as we are now faced with, that
prompted the Founding Fathers to write that doctrine into our
basic law.
It must be
remembered that the early American had had his fill of far-off
government. Having got rid of it at the cost of war he was
dead set against a native version of London rule. He knew he
had to have some kind of central government—to deal with
foreign governments, to prevent the component commonwealths
from setting up trade barriers between themselves, and several
other matters that could not be handled by local
government—but he wanted it severely restricted in scope.
The only kind of Constitution he would accept was one that
clearly delimited the power of the government to be set up
under it.
In all other
matters he was willing to put his trust in local government.
Why? Simply because it was not likely to get out of hand; one
could keep one’s eyes on it. Besides, being a government of
neighbors it was likely to be cognizant of and responsive to
the temper of the governed. It is a certainty that the
legislator representing Sauk Center, Minnesota, is more fully
conversant with the problems of that community than is the
Senator from Alabama, and can be trusted not to vote against
its interests; on the other hand, the Senator from Alabama has
no inhibitions about riding roughshod over the interests of
Sauk Center if, in his opinion, these interests run contrary
to what he conceives to be to national interest. Then, there
is always the possibility of Sauk Center being completely
ignored in a tariff deal between the Senators of New York and
California.
The extent to
which this fear of centralization possessed the early American
is illustrated by the story of a point that came up in the
term of President Washington. The "father of his
country" was expected in Boston, and Governor Hancock
cogitated the propriety of his going to meet the distinguished
visitor; would he not be compromising the Commonwealth of
Massachusetts by so doing? He settled the problem by pleading
illness. The sequel to that story is also illustrative. It was
suggested to President Washington that he review the
Massachusetts militia, but he rejected the idea because such a
review might imply federal interference with the military arm
of the state; after all the tacit understanding in those days
was that the militia might be called upon to face the federal
army.
In both cases
neither personal idiosyncrasy nor considerations of etiquette
were of prime importance. It was the spirit of the times that
found expression in these incidents, and the spirit of the
times found expression in these incidents, and the spirit of
the times was characterized by a keen jealousy of freedom. The
early American knew that freedom was nothing more than the
absence of external restraint on behavior; the government
could not give you freedom, it could only take it away. And he
knew from experience, if not from his reading, that when a
government is detached from the governed it invariably strives
to take it away. Freedom, then, is in better case when the
effective government never gets beyond the purview of the town
hall meeting.
That is the
truth that needs constant reiteration, now that semantics has
found a way to fragment freedom and enumerate the parts. The
early American could not have been bamboozled by that verbal
slight of hand.
There is a
facet of political dualism that needs exploration and
exploitation. It is the fact that divided authority introduces
competition in government, Political science accepts as an
axiom the monopolization of coercion by government; it must
have that monopoly, so the axiom runs, in order that it may
prevent the indiscriminate use of coercion by citizens. There
is no arguing with that point. But, when the individual is
free to move from one jurisdiction to another, a limit is put
on the extent to which the government may use its monopoly
power. Government is held in restraint by the fear of losing
its taxpaying citizens, just as loss of customers tends to
keep other monopolies from getting too arrogant.
For instance,
because our federal government has not yet managed a national
divorce law, there is competition between states for that kind
of business. Some states try to attract capital by advertising
their abstention from inheritance and income taxation, and
Nevada’s legalization of gambling has to some extent
overcome her lack of natural resources and business
opportunities. The practice of evading local sales taxes by
crossing state borders is a common example of the principle of
competition in government.
Before the
Sixteenth Amendment got into the constitution, a number of
states instituted the income taxes. Though the levies were
always small, collection was attended with considerable
difficulty; the tax collectors, being neighbors, not
"foreigners" from Washington, were inclined toward
leniency, and collusion was not uncommon. Nevertheless, the
states that did not tax income made that fact known, and the
fear of losing industry to them caused a number of states to
drop income taxation.
Socialistic
experiments did not originate with the New Deal; state
governments had their own laboratories, long before 1932. Many
years ago I saw an idle state-owned cement plant in South
Dakota, and early in the depression a Wisconsin law made it
obligatory for restaurants to serve two ounces of Wisconsin
made cheese with every meal, whether the diner wanted it or
not. The platform of the Farm-Labor party, which sprang up
around 1920, and captured several states, was larded with
socialism. However, every state experiment in socialism failed
simply because of the constitutionally guaranteed freedom of
movement for both labor and capital across state lines.
Federal socialism can be made to operate somehow only because
there is no escape from its constabulary.
Then there is
the point in dualism that the citizen can apply to the federal
government for relief when the state government transgresses
his constitutional rights. And a state government may bring
suit against the federal government. The effect, then, of
divided authority is to keep both the federal and state
governments off balance; neither one has that complete
monopoly of power necessary to a regime of absolutism.
What with
amendments to the Constitution, legalistic interpretations and
downright circumvention made possible by well placed
subventions, the autonomy of the states has been well watered
down. Nevertheless, state lines have not yet been wiped out
and there are areas of jurisdiction that are still reserved to
the states. These areas can be strengthened and expanded. It
is only a matter of intelligent and resolute resistance by the
state governments to every scheme, no matter the how seemingly
innocuous or politically attractive, that emanates from
Washington. If for no other reason, personal pride should
prompt every governor and state legislator to take a
secessionist attitude; they were not elected to be lackeys of
the federal bureaucracy.
Just how far
that resistance can go, and remain legal, is a matter for
lawyers to determine. But, it is quite obvious that the states
can make it difficult for the federal government to expand its
spheres of influence by a non-cooperative attitude. Take the
federal government’s invasion of electric power business
under the guise of flood control and it is still necessary for
the centralizers to obtain permission from state governments
to carry out such schemes and refusal would go hard with them.
Federal tenements, which in practice become enclaves of votes
for the party in power, are made possible by exemption from
real estate taxes, which is still the prerogative of the local
authorities; were exemption regularly refused, the housing
bureaucrats would be in a sorry plight. If every grant-in-aid
were refused, the federal government would be in the
unenviable position of a philanthropist bereft of beggars.
There is no end
of trouble the states can give the centralizers by merely
refusing to cooperate. Such refusal would meet with popular
acclaim if it were supplemented with a campaign of education
on the meaning of states’ rights, in terms of human freedom.
In fact, the educational part of such a secessionist movement
should be given first importance. And those who are plumping
for a "third party", because both existing parties
are centralist in character, would do well to nail to their
masthead this banner: Secession of the 48 states from
Washington. |