FUNDAMENTAL TRUITH #17: “The raison d’être of federalism is to keep big government small.” -Old Pithy.

Posted by PITHOCRATES - June 8th, 2010

BONJOUR.  A LITTLE French there.  To go with the use of the French expression ‘raison d’être’.  Which means reason for being.  Sounds better in French, n’est-ce pas?

I like Canada.  Both parts.  The French and the English parts.  I’ve met and become friends with people in Toronto, Montreal, Fredericton and Corner Brook.  And elsewhere.  I like to talk to my Francophone friends about that day on the Plains of Abraham.  And I like to speak French to my Anglophone friends.  And they both like to point out to me what they believe to be America’s lack of tolerance and compassion.

The Canadians may be a tolerant and friendly people.  Everyone says that about them.  That they’re nice.  And they are.  But they have to work at it at times.  For there ain’t a whole lot of love between the French and English.  Not now.  Or then.  When French Canada became British.

Like it or not, that animosity has been at the van of Western Civilization.  And it would compete in the New World.  Colonize it.  Fight in it.  And give birth to a new nation.  One that would break from the ways of the past.

“WHO’S THAT, THEN?” one filthy peasant asked another.

“I don’t know.  Must be a king. ”

“Why?”

“He hasn’t got shit all over him.”

(From Monty Python and the Holy Grail – 1975.)

What is a king?  Besides someone who “hasn’t got shit all over him.”  A king is where sovereignty lies.  And sovereignty?  In a word, supremacy.  Supreme authority. 

The Sun King, Louis XIV of France, was an absolute monarch and his word was the absolute law of the land.  And he could do pretty much whatever the hell he wanted.  He built his gorgeous palace at Versailles.  Because he could.  Over in England, the king was sovereign, too, but Parliament checked his power.  So the British king wasn’t an absolute monarchy.  In England, the king could do whatever he wanted as long as Parliament agreed to pay for it.  For Parliament controlled the purse strings.  There would be no Versailles in England.

Now France and England were always at war.  Their fighting even spilled over into the New World.  The 7 Years War (as the Europeans called this world war) went by a different name in North America.  The French and Indian War.  The British won.  France lost Canada and other colonial possessions.  Their loss, though, was America’s gain.  The French and Indian attacks on the American Colonists ended, leaving them with peace and prosperity.  But it was costly.  As wars are wont to be.

Over in England, Parliament had to pay that cost.  But taxes were already pretty high at the time in England.  If they raised them further, it could cause trouble.  So what to do?  Well, there were some who pointed out that the American colonists really came out the clear winner in this latest contest.  They got peace and prosperity without really paying anything to get it.  Shouldn’t they pick up part of the tab?  I mean, fair is fair, right?

And they probably would have gladly contributed as good English subjects.  However, and this is a big however, they felt they weren’t treated as good English subjects.  In fact, they felt more like Parliament’s bitch than English subjects.  And to add insult to injury, they had no vote in Parliament.

Parliament passed a series of acts that the Americans would call the Intolerable Acts.  Both sides missed opportunities for compromise and peace.  Instead, tempers festered.  Parliament would bitch-slap the colonists.  And the colonists would bitch-slap Parliament.  Eventually throwing some British East Indian tea into the water.

Now Britain’s king, King George, had a bit of a problem on his hands.  The Americans were challenging his sovereign rule.  There was a name for this.  Kings call it treason.  And they kill people for it.  King George was the supreme authority.  Anyone challenging his authority was challenging his right to rule.  That’s why acts of treason are typically punishable by death.  You don’t stand up to kings.  You grovel.  And these uppity Americans surely weren’t groveling.

And just how does a king get this authority?  Well, you don’t vote for them.  They either inherit power.  Or they kill for it.  It’s a story as old as time.  Patricide.  Matricide.  Fratricide.  And sometimes the killing was by someone outside the family.  But that’s how sovereign power changed.  A king or queen died.  Naturally.  Or with a little help.  And when a new sovereign ascended the throne, he or she usually killed all other possible contenders.

If King George didn’t put down the American rebellion, it could spread.  To Canada.  To other English colonies.  Or give someone ideas back at home that the king was weak.  And challenge him for his throne.

These are things kings think about.  Power can be precarious.  Even when it’s absolute.  As King Louis XVI would learn in France.  During the French Revolution, the people, challenging the king’s sovereignty, sent him to the guillotine.  Chopped his head off.  His wife’s, too.  Marie Antoinette.

ENGLAND GAVE BIRTH to modern, representative government.  It was a balance of power between the many (the common people in the House of Commons), the few (the aristocratic rich in the House of Lords) and the one (the sovereign king).  Each provided a check on the others.  The king was the supreme power but he needed money to wage war and build things.  Parliament collected taxes and paid for things they approved of.  And the House of Lords was to keep that spending from getting out of control as they understood money and costs (that’s what rich people are good at).  They were to protect the nation from the evils of pure democracy where the people, once they realize they can, will vote themselves the treasury.

Most of the American colonists were transplanted Englishmen.  Or came from English stock.  They were English subjects (at least in name if not in practice).  They understood representative government.  Their colonial governments were in fact very British.  The Rule of Law was the rule of the land.  The governed consented to taxation.  And the government collected the taxes they consented to. 

You can probably see where this is going.

Taxation without representation was very un-English.  The fact that it was okay in the American colonies chafed the American English subjects.  I mean, it really frosted their shorts.  It wasn’t right.  By English law.  Or by precedent.  Anger at Parliament turned into anger at the king.  Questions of sovereignty arose.  Should the king be sovereign?  Or should the people?  In 1776, the American colonists stated their opinion in a very treasonous document.  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….

The U.S. Constitution emphasized the sovereignty of the people in the preamble.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Kings were out.  The Rule of Law was in.  No aristocracy.  No hereditary offices.  In America, it would be different.  After the Battle of Gettysburg some 75 years later, Abraham Lincoln would reiterate this at the dedication of the Soldiers’ National Cemetery.

Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal…

…that we here highly resolve that these dead shall not have died in vain—that this nation, under God, shall have a new birth of freedom—and that government of the people, by the people, for the people, shall not perish from the earth.

THE AMERICAN COLONISTS rebelled and broke away from Great Britain because they were through with being her bitch.  In fact, they weren’t going to be anyone’s bitch.  That’s why there was a lot of opposition to the establishment of a strong, central government.  They didn’t want a national government taking up where Great Britain left off.  And they didn’t want an American president to be just another King George.  The people won their liberty.  And they intended to keep it.  So they could pursue that happiness Thomas Jefferson wrote about in the Declaration of Independence.

Federalism was the solution.  The states’ governments would retain most of their powers.  Only those things they could not do well (regulate ‘free-trade’ interstate commerce, negotiate trade agreements with other nations, wage war, etc.) would be done by the new national government.  The people would remain sovereign.  Strong state governments and a ‘weak’ central government would share power.  In effect, the new central government was to be the people’s bitch.  But you’d never know that by looking at things today.

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