Men in the public spotlight constantly are asked to express an opinion on a myriad of government proposals and projects. “What do you think of TVA?” “What is your opinion of Medicare?” How do you feel about Urban Renewal?” The list is endless. All too often, answers to these questions seem to be based, not upon any solid principle, but upon the popularity of the specific government program in question. Seldom are men willing to oppose a popular program if they, themselves, wish to be popular – especially if they seek public office.
Government Should Be Based Upon Sound Principles
Such an approach to vital political questions of the day can only lead to publications of the day can only lead to public confusion and legislative chaos. Decisions of this nature should be based upon and measured against certain basic principles regarding the proper role of government. If principles are correct, then they can be applied to any specific proposal with confidence.
“Are there not, in reality, underlying, universal principles with reference to which all issues must be resolved whether the society be simple or complex in its mechanical organization? It seems to me we could relieve ourselves of most of the bewilderment which so unsettles and distracts us by subjecting each situation to the simple test of right and wrong. Right and wrong as moral principles do not change. They are applicable and reliable determinants whether the situations with which we deal are simple or complicated. There is always a right and wrong to every question which requires our solution.” (Albert E. Bowen, Prophets, Principles and National Survival, P. 21-22)
Unlike the political opportunist, the true statesman values principle above popularity, and works to create popularity for those political principles which are wise and just.
The Correct Role Of Government
I should like to outline in clear, concise, and straight-forward terms the political principles to which I subscribe. These are the guidelines which determine, now and in the future, my attitudes and actions toward all domestic proposals and projects and projects of government. These are the principles which, in my opinion, proclaim the proper role of government in the domestic affairs of the nation.
“(I) believe that governments were instituted of God for the benefit of man; and that he holds men accountable for their acts in relation to them, both in making laws and administering them, for the good and safety of society.”
“(I) believe that no government can exist in peace, except such laws are framed and held inviolate as will secure to each individual the free exercise of conscience, the right and control of property, and the protection of life…”
“(I) believe that all men are bound to sustain and uphold the respective governments in which they reside, which protected in their inherent and inalienable rights by the laws of such governments; and that sedition and rebellion are unbecoming every citizen thus protected, and should be punished accordingly; and that all governments have a right to enact such laws as in their own judgments are best calculated to secure the public interest; at the same time, however, holding sacred the freedom of conscience.”
The Most Important Function Of Government
It is generally agreed that the most important single function of government is to secure the rights and freedoms of individual citizens. But, what are those right? And what is their source? Until these questions are answered there is little likelihood that we can correctly determine how government can best secure them. Thomas Paine, back in the days of the American Revolution, explained that:
“Rights are not gifts from one man to another, nor from one class of men to another… It is impossible to discover any origin of rights otherwise than in the origin of man; it consequently follows that rights appertain to man in right of his existence, and must therefore be equal to every man.” (P.P.N.S., p. 134)
The great Thomas Jefferson asked:
“Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the gift of God? That they are not to be violated but with his wrath?” (Works 8:404; P.P.N.S., p.141)
Starting at the foundation of the pyramid, let us first consider the origin of those freedoms we have come to know are human rights. There are only two possible sources. Rights are either God-given as part of the Divine Plan, or they are granted by government as part of the political plan. Reason, necessity, tradition and religious convictions all lead me to accept the divine origin of these rights. If we accept the premise that human rights are granted by government, then we must be willing to accept the corollary that they can be denied by government. I, for one, shall never accept that premise. As the French political economist, Frederick Bastiat, phrased it so succinctly, “Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.” (The Law, p.6)
The Real Meaning Of The Separation Of Church And State
I support the doctrine of separation of church and state as traditionally interpreted to prohibit the establishment of an official national religion. But I am opposed to the doctrine of separation of church and state as currently interpreted to divorce government from any formal recognition of God. The current trend strikes a potentially fatal blow at the concept of the divine origin of our rights, and unlocks the door for an easy entry of future tyranny. If Americans should ever come to believe that their rights and freedoms are instituted among men by politicians and bureaucrats, then they will no longer carry the proud inheritance of their forefathers, but will grovel before their masters seeking favors and dispensations – a throwback to the Feudal System of the Dark Ages. We must ever keep in mind the inspired words of Thomas Jefferson, as found in the Declaration of Independence:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.” (P.P.N. S., p.519)
Since God created man with certain unalienable rights, and man, in turn, created government to help secure and safeguard those rights, it follows that man is superior to the creature which he created. Man is superior to government and should remain master over it, not the other way around. Even the non-believer can appreciate the logic of this relationship.
The Source Of Governmental Power
Leaving aside, for a moment, the question of the divine origin of rights, it is obvious that a government is nothing more or less than a relatively small group of citizens who have been hired, in a sense, by the rest of us to perform certain functions and discharge certain responsibilities which have been authorized. It stands to reason that the government itself has no innate power or privilege to do anything. Its only source of authority and power is from the people who have created it. This is made clear in the Preamble to the Constitution of the United States, which reads: “WE THE PEOPLE… do ordain and establish this Constitution for the United States of America.”
The important thing to keep in mind is that the people in mind is that the people who have created their government can give to that government only such powers as they, themselves, have in the first place. Obviously, they cannot give that which they do not possess. So, the question boils down to this. What powers properly belong to each and every person in the absence of and prior to the establishment of any organized governmental form? A hypothetical question? Yes, indeed! But, it is a question which is vital to an understanding of the principles which underlie the proper function of government.
Of course, as James Madison, sometimes called the Father of the Constitution, said, “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” (The Federalist, No. 51)
In a primitive state, there is no doubt that each man would be justified in using force, if necessary, to defend himself against physical harm, against theft of the fruits of his labor, and against enslavement of another. This principle was clearly explained by Bastiat:
“Each of us has a natural right – from God – to defend his person, his liberty, and his property. These are the three basic requirements of life, and the preservation of any one of them is completely dependent upon the preservation of the other two. For what are our faculties but the extension of our individuality? And what is property but and extension of our faculties?” (The Law, p.6)
Indeed, the early pioneers found that a great deal of their time and energy was being spent doing all three – defending themselves, their property and their liberty – in what properly was called the “Lawless West.” In order for man to prosper, he cannot afford to spend his time constantly guarding his family, his fields, and his property against attach and theft, so he joins together with his neighbors and hires a sheriff. At this precise moment, government is born. The individual citizens delegate to the sheriff their unquestionable right to protect themselves. The sheriff now does for them only what they had a right to do for themselves – nothing more. Quoting again from Bastiat:
“If every person has the right to defend – even by force – his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right -its reason for existing, its lawfulness – is based on individual right.” (The Law, p. 6)
So far so good. But now we come to the moment of truth. Suppose pioneer “A” wants another horse for his wagon, He doesn’t have the money to buy one, but since pioneer “B” has an extra horse, he decides that he is entitled to share in his neighbor’s good fortune, Is he entitled to take his neighbor’s horse? Obviously not! If his neighbor wishes to give it or lend it, that is another question. But so long as pioneer “B” wishes to keep his property, pioneer “A” has no just claim to it.
If “A” has no proper power to take “B’s” property, can he delegate any such power to the sheriff? No. Even if everyone in the community desires that “B” give his extra horse to “A”, they have no right individually or collectively to force him to do it. They cannot delegate a power they themselves do not have. This important principle was clearly understood and explained by John Locke nearly 300 years ago:
“For nobody can transfer to another more power than he has in himself, and nobody has an absolute arbitrary power over himself, or over any other, to destroy his own life, or take away the life of property of another.” (Two Treatises of Civil Government, II, 135; P.P.N.S. p. 93)
The Proper Function Of Government
This means, then, that the proper function of government is limited only to those spheres of activity within which the individual citizen has the right to act. By deriving its just powers from the governed, government becomes primarily a mechanism for defense against bodily harm, theft and involuntary servitude. It cannot claim the power to redistribute the wealth or force reluctant citizens to perform acts of charity against their will. Government is created by man. No man possesses such power to delegate. The creature cannot exceed the creator.
In general terms, therefore, the proper role of government includes such defensive activities, as maintaining national military and local police forces for protection against loss of life, loss of property, and loss of liberty at the hands of either foreign despots or domestic criminals.
The Powers Of A Proper Government
It also includes those powers necessarily incidental to the protective functions such as:
(1) The maintenance of courts where those charged with crimes may be tried and where disputes between citizens may be impartially settled.
(2) The establishment of a monetary system and a standard of weights and measures so that courts may render money judgments, taxing authorities may levy taxes, and citizens may have a uniform standard to use in their business dealings.
My attitude toward government is succinctly expressed by the following provision taken from the Alabama Constitution:
“That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions it is usurpation and oppression.” (Art. 1, Sec. 35)
An important test I use in passing judgment upon an act of government is this: If it were up to me as an individual to punish my neighbor for violating a given law, would it offend my conscience to do so? Since my conscience will never permit me to physically punish my fellow man unless he has done something evil, or unless he has failed to do something which I have a moral right to require of him to do, I will never knowingly authorize my agent, the government to do this on my behalf. I realize that when I give my consent to the adoption of a law, I specifically instruct the police – the government – to take either the life, liberty, or property of anyone who disobeys that law. Furthermore, I tell them that if anyone resists the enforcement of the law, they are to use any means necessary – yes, even putting the lawbreaker to death or putting him in jail – to overcome such resistance. These are extreme measures but unless laws are enforced, anarchy results. As John Locke explained many years ago:
“The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings, capable of laws, where there is no law there is no freedom. For liberty is to be free from restraint and violence from others, which cannot be where there is no law; and is not, as we are told, ‘a liberty for every man to do what he lists.’ For who could be free, when every other man’s humour might domineer over him? But a liberty to dispose and order freely as he lists his person, actions, possessions, and his whole property within the allowance of those laws under which he is, and therein not to be subject to the arbitrary will of another, but freely follow his own.” (Two Treatises of Civil Government, II, 57: P>P>N>S., p.101)
I believe we Americans should use extreme care before lending our support to any proposed government program. We should fully recognize that government is no plaything. As George Washington warned, “Government is not reason, it is not eloquence – it is force! Like fire, it is a dangerous servant and a fearful master!” (The Red Carpet, p.142) It is an instrument of force and unless our conscience is clear that we would not hesitate to put a man to death, put him in jail or forcibly deprive him of his property for failing to obey a given law, we should oppose it.
The Constitution Of The United States
Another standard I use in deterring what law is good and what is bad is the Constitution of the United States. I regard this inspired document as a solemn agreement between the citizens of this nation which every officer of government is under a sacred duty to obey. As Washington stated so clearly in his immortal Farewell Address:
“The basis of our political systems is the right of the people to make and to alter their constitutions of government. – But the constitution which at any time exists, until changed by an explicit and authentic act of the whole people is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presupposes the duty of every individual to obey the established government.” (P.P.N.S., p. 542)
I am especially mindful that the Constitution provides that the great bulk of the legitimate activities of government are to be carried out at the state or local level. This is the only way in which the principle of “self-government” can be made effective. As James Madison said before the adoption of the Constitution, “ (We) rest all our political experiments on the capacity of mankind for self-government.” (Federalist, No.39; P.P.N.S., p. 128) Thomas Jefferson made this interesting observation: “Sometimes it is said that man cannot be trusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angels in the forms of kings to govern him? Let history answer this question.” (Works 8:3; P.P.N.S., p. 128)
The Value Of Local Government
It is a firm principle that the smallest or lowest level that can possibly undertake the task is the one that should do so. First, the community or city. If the city cannot handle it, then the county. Next, the state; and only if no smaller unit can possible do the job should the federal government be considered. This is merely the application to the field of politics of that wise and time-tested principle of never asking a larger group to do that which can be done by a smaller group. And so far as government is concerned the smaller the unit and the closer it is to the people, the easier it is to guide it, to keep it solvent and to keep our freedom. Thomas Jefferson understood this principle very well and explained it this way:
“The way to have good and safe government, is not to trust it all to one, but to divide it among the many, distributing to every one exactly the functions he is competent to. Let the national government be entrusted with the defense of the nation, and its foreign and federal relations; the State governments with the civil rights, law, police, and administration of what concerns the State generally; the counties with the local concerns of the counties, and each ward direct the interests within itself. It is by dividing and subdividing these republics from the great national one down through all its subordinations, until it ends in the administration of every man’s farm by himself; by placing under every one what his own eye may superintend, that all will be done for the best. What has destroyed liberty and the rights of man in every government which has ever existed under the sun? The generalizing and concentrating all cares and powers into one body.” (Works 6:543; P.P.N.S., p. 125)
It is well to remember that the states of this republic created the Federal Government. The Federal Government did not create the states.
Things The Government Should Not Do
A category of government activity which, today, not only requires the closest scrutiny, but which also poses a grave danger to our continued freedom, is the activity NOT within the proper sphere of government. No one has the authority to grant such powers, as welfare programs, schemes for re-distributing the wealth, and activities which coerce people into acting in accordance with a prescribed code of social planning. There is one simple test. Do I as an individual have a right to use force upon my neighbor to accomplish this goal? If I do have such a right, then I may delegate that power to my government to exercise on my behalf. If I do not have that right as an individual, then I cannot delegate it to government, and I cannot ask my government to perform the act for me.
To be sure, there are times when this principle of the proper role of government is most annoying and inconvenient. If I could only FORCE the ignorant to provided for themselves, or the selfish to be generous with their wealth! But if we permit government to manufacture its own authority out of thin air, and to create self-proclaimed powers not delegated to it by the people, then the creature exceeds the creator and becomes master. Beyond that point, where shall the line be drawn? Who is to say “this far, but no farther?” What clear PRINCIPLE will stay the hand of government from reaching farther and yet farther into our daily lives? We shouldn’t forget the wise words of President Grover Cleveland that “… though the people support the Government the Government should not support the people.” (P.P.N.S., p.345) We should also remember, as Frederic Bastiat reminded us, that “Nothing can enter the public treasury for the benefit of one citizen or one class unless other citizens and other classes have been forced to send it in.” (THE LAW, p. 30; P.P.N.S., p. 350)
The Dividing Line Between Proper And Improper Government
As Bastiat pointed out over a hundred years ago, once government steps over this clear line between the protective or negative role into the aggressive role of redistributing the wealth and providing so-called “benefits” for some of its citizens, it then becomes a means for what he accurately described as legalized plunder. It becomes a lever of unlimited power which is the sought-after prize of unscrupulous individuals and pressure groups, each seeking to control the machine to fatten his own pockets or to benefit its favorite charities – all with the other fellow’s money, of course. (THE LAW, 1850, reprinted by the Foundation for Economic Education, Irvington-On-Hudson, N.Y.)
The Nature Of Legal Plunder
Listen to Bastiat’s explanation of this “legal plunder.” “When a portion of wealth is transferred from the person who owns it – without his consent and without compensation, and whether by force or by fraud – to anyone who does not own it, then I say that property is violated; that an act of plunder is committed!
“How is the legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime…” (THE LAW, p. 21, 26; P.P.N.S., p. 377)
As Bastiat observed, and as history has proven, each class or special interest group competes with the others to throw the lever of governmental power in their favor, or at least to immunize itself against the effects of a previous thrust. Labor gets a minimum wage, so agriculture seeks a price support. Consumers demand price controls, and industry gets protective tariffs. In the end, no one is much further ahead, and everyone suffers the burdens of a gigantic bureaucracy and a loss of personal freedom. With each group out to get its share of the spoils, such governments historically have mushroomed into total welfare states. Once the process begins, once the principle of the protective function of government gives way to the aggressive or redistribute function, then forces are set in motion that drive the nation toward totalitarianism. “It is impossible,” Bastiat correctly observed, “to introduce into society… a greater evil than this: the conversion of the law into an instrument of plunder.” (THE LAW, p. 12)
Government Cannot Create Wealth
Students of history know that no government in the history of mankind has ever created any wealth. People who work create wealth. James R. Evans, in his inspiring book, “The Glorious Quest” gives this simple illustration of legalized plunder:
“Assume, for example, that we were farmers, and that we received a letter from the government telling us that we were going to get a thousand dollars this year for plowed up acreage. But rather than the normal method of collection, we were to take this letter and collect $69.71 from Bill Brown, at such and such an address, and $82.47 from Henry Jones, $59.80 from a Bill Smith, and so on down the line; that these men would make up our farm subsidy. “Neither you nor I, nor would 99 percent of the farmers, walk up and ring a man’s doorbell, hold out a hand and say, ‘Give me what you’ve earned even though I have not.’ We simply wouldn’t do it because we would be facing directly the violation of a moral law, ‘Thou shalt not steal.’ In short, we would be held accountable for our actions.”
Continued on next page…