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    Solzhenitsyn’s Legacy

    September 21, 2018 by Will Morrisey

    Daniel J. Mahoney: The Other Solzhenitsyn: Telling the Truth about a Misunderstood Writer and Thinker. South Bend: St. Augustine’s Press, 2014.

    Originally published in Social Science and Modern Society, Volume 52, Number 2, March/April 2015.

     

    Wide-ranging in one sense, Daniel J. Mahoney also has a specialty. He appreciates under-appreciated and much-abused great men, persuading us that we have misunderstood them, and that we can learn more from them than their critics suppose. From the acute, sober intelligence of Raymond Aron—bane of the European Left—to the magnanimous statesmanship of Charles de Gaulle—object of derision and scorn from all sides of the political spectrum, French and foreign—and now the spiritual grandeur of Aleksandr Solzhenitsyn—reviled as authoritarian and bigoted—Mahoney seeks to vindicate his defendants not as an attorney would do, with facts artfully selected and arguments cleverly slanted, but as a scholar who insists that we pay attention to what thinkers and statesmen actually say. By following their own words unprejudiced by the tendentious charges against them, he guides his readers to understand these men as they understood themselves.

    Regarding Solzhenitsyn, Mahoney avails himself of a signal advantage over most English-speaking readers: He didn’t stop reading him with the last volume of The Gulag Archipelago. He calls attention to the equally impressive works of Solzhenitsyn’s later years: The Red Wheel, that vast and tragic historical novel-as-tapestry which shows how the Bolshevik Revolution was possible, and how it might have been avoided; Two Hundred Years Together, a massive, original, and intellectually courageous account of the tortured relationship between ethnic Russians and Russian Jews, and the ways in which Soviet Communism wounded them both; Apricot Jam and Other Stories, which stands as a refutation of critics who regard Solzhenitsyn as a literarily naïve successor of the literary giantism of the nineteenth century; and “The Russian Question” at the End of the Twentieth Century, his most careful statement of what he means by Russian nationality. Mahoney defends Solzhenitsyn by showing him whole.

    That’s a lot do, as Solzhenitsyn was indeed a writer of Dostoyevskian and Tolstoyan proportions, weaving historical research, philosophic reflection, and spiritual mediation into majestic literary narratives that (paradoxically) begin with the depiction of one of the ugliest tyrannies ever conceived. To discuss such a capacious body of work whole in a book of ordinary length requires an extraordinary combination of comprehensiveness—the ability to see that vast, deep Russian forest—along with the judicious selection of the telling example—the selection of right specimen trees.

    Mahoney divides his study into nine chapters, each bringing out a largely unnoticed dimension of Solzhenitsyn’s thought. The first addresses Solzhenitsyn’s patriotism, routinely misunderstood as nationalism. But Solzhenitsyn’s love of his country is Christian or agapic love, never an uncritical love of one’s own, let alone an excrescence of racial triumphalism. “Patriotism,” Solzhenitsyn writes, “means unqualified and unswerving love for the nation,” but this entails “frank assessment of its virtues and vices.” Or, as Mahoney puts it, Solzhenitsyn replies with an “intransigent double ‘No’ to those who sever freedom from love of country and to those who recognize nothing above the self-assertion of the nation,” and he did so consistently “during the last forty years of his life.” Solzhenitsyn “held Russia to the same demanding standards of ‘repentance and self-limitation’ to which he held all great nations and peoples.” A Ukrainian on his mother’s side, he hoped for “voluntary federation between these two peoples,” and disapproved of Western support for the Orange Revolution. But this did not prevent him from “lament[ing] the absence of true democracy and self-government in contemporary Russia.” “The preeminent political theme of Solzhenitsyn’s during the last twenty-five years of his life was precisely the need to patiently build institutions and habits of self-government from the bottom up.”

    This need to balance patience and resistance in the face of tyranny leads to the second dimension of Mahoney’s reply to Solzhenitsyn’s critics, who assume that Christianity must either be too passive/pacifistic to resist evil effectively in this world or that it must fight back with a spirit of fanaticism to match the excesses of its ideological enemies. A moral and political life animated by Christian love must acknowledge the profundity of anti-Christian ire or hatred. To oppose “radical evil” with “simple decency” will not do. “Radical evil…is not reducible to madness or stupidity. It has… ‘a dense nucleus or core’ which has the capacity to strike out in every direction. Given its power, nothing less than ‘an active struggle’ is necessary to combat it.” Like his political hero, the pre-revolutionary Russian prime minister Pyotr Stolypin, Solzhenitsyn “reject[s] the twin extremes of pietistic fatalism and unfounded confidence in the ability of human beings to remake human society without reliance on God’s justice.” Yes, suffering can be redemptive—as Solzhenitsyn so memorable showed in his novelistic portrayals of his own life in Stalin’s prisons—but “radical evil must be resisted for the sake of the integrity of the human soul.” This is no self-contradiction, Mahoney argues, but “a tension rooted in the structure of moral reality itself”: “Humility and magnanimity, redemptive suffering and ‘the struggle against evil’ are twin manifestations of the soul’s efforts to defend itself against the dehumanizing temptation to choose ‘survival at any price'”—exactly the temptation that modern, ideological tyranny sets before its victims. Vaclav Havel’s justly celebrated claims for “the power of the powerless” reflect the opportunities presented by the rather dispirited, post-Stalinist Marxist-Leninist regimes of 1970s Europe, but against the greater vigilance of Stalin (and before him, Lenin) one might need to choose martyrdom, confident that self-sacrifice under conditions of ‘totalitarian’ tyranny will never quite go unnoticed by those who witness it, and that for the sake of their spirits as well as you own you must resist the tyrant’s temptation.

    It would have been better not to have arried at this extreme. Although moral considerations come before considerations of political regimes, regimes matter, too. It is for the defense of human moral integrity that good regimes are founded. Could the old Russian monarchy have prevented the Bolshevik Revolution? The fault was not so much with the regime ‘in the abstract’ as with the generation of men who ran the government—beginning at the top, with Nicholas II, “a better man and better Christian than almost all his predecessors as Tsar,” but devoid of firmness and prudence, and backed desultorily by the “lethargic class of hereditary nobles” who behaved even worse than he did. The result was the folly of the Russo-Japanese War, in which the most industrially underdeveloped major European power took it upon itself to provoke the most industrially developed major Asian power. Having done unnecessary injury to the prestige of his regime in losing that war, Nicholas went on to display the opposite defect on the domestic front—”avoid[ing] bloodshed at all costs” in his feeble attempts to save his family by sacrificing those “subjects who remained loyal to the monarchical principle.” Nicholas stands as the example of the ineffectual Christian, the opposite of Stolypin, a decidedly effectual one up until his assassination in 1911.

    How then to become an effectual Christian, a living refutation of Machiavelli’s well-known jibes? Mahoney turns to the lessons taught in Solzhenitsyn’s novel The First Circle, the early version of which was published in 1968 but appeared in its full form in English only in 2009, a year after the novelist’s death. Under conditions of modern or “totalitarian” tyranny, the first step is to break the monologue imposed by the tyrant; as Jews and Christians know, even God does not engage in monologue only. Solzhenitsyn does this by the form of the novel itself: the “polyphonic” form, which combines third-person narrative or “objective” monologue with dialogue and first-person or “subjective” monologue. “Novelistic polyphony respects pluralism—the variety of perspectives and voices—while inviting readers to join in the search for the truth.” The novel thus uses a genre familiar to students of Platonic political philosophy to address the question of the regime, the principal topic of Plato’s dialogue of the same name. In response to the Soviet regime, the main character, Volodin, learns first how to withdraw spiritually from the regime while secretly keeping the truth about the regime alive—concealing accurate records of events. He sees that materialism cannot provide an adequate philosophic account of moral life—one free of contradiction because the moral end of materialism, pleasure, equally supports his desire for comfort and the tyrant Stalin’s desire to kill those who would prefer a continued life of comfort. But a being capable of identifying contradictions must have something about it more profound than the desire for pleasure. The good for such a being cannot be satisfied by material pleasure alone. It might be added that Orthodox Christianity enjoys roughly the same relation to Platonism or Neo-Platonism as Catholic Christianity enjoys toward Aristotelianism. Both invite souls to what Mahoney calls “a philosophical Christianity”—one that does not foreclose the life of the mind or openness to the Holy Spirit. Being Christian, this stance also alerts Nerzhin, the second hero of The First Circle, to the dangers of dialectical materialism, “the modern ideology of progress.” Progressivism “conflates moral and technical progress and turns a blind eye to the human capacity for evil”—always a real spiritual force in Christian thought, never a mere excess or deficiency.

    Mahoney’s fifth and central chapter probes this evil more carefully, discussing “Our Muzzled Freedom,” a chapter in The Gulag Archipelago which records Solzhenitsyn’s own encounter with the evil of modern tyranny in Stalin’s prison camp. “The tradition of political philosophy from Plato to Kant and Montesquieu could not adequately account for the strange novelty of totalitarianism,” Mahoney writes, agreeing with Hannah Arendt. The goal of the most characteristic feature of that regime was “to replace the distinction between fact and fiction and truth and falsehood” with an all-encompassing sur-reality designed by the tyrant. And even outside the camps, “Man is supposed to live in an imaginary eschatological time, i.e., the world of socialism, but the nature and needs of real human beings still persist”—human nature has not been overcome, after all. One isn’t supposed to notice that, but does anyway. “‘Our Muzzled Freedom’ is the closest we have to an exact description of the soul of man under ideological despotism”—a sort of “phenomenology” of the new tyranny. Whereas “social science tends to flatten and homogenize the world it theorizes, emphasizing commonalities between ‘systems’ where differences abound,” The Gulag Archipelago shows how this unique “system” affected individual souls. “This was no ordinary regime“—social or political science cannot quite capture it. “Not only did it abolish political life, but it warred on what was most humane and valuable in the Russian past”: “condemn[ing] personhood and the very possibility of moral and political responsibility and accountability”; “abolishing civic friendship and trust and pos[ing] a deadly threat to the integrity of the human soul by imposing a ubiquitous and constant fear on everyone, a mistrust reaching down even into family relations; inviting complicity with this “web of repression” and thus making betrayal routine; making corruption the new nobility and the all-encompassing lie (“The Lie,” Solzhenitsyn calls it) the new categorical imperative; and simultaneously celebrating cruelty against putative “class enemies” while instilling a “slave psychology” that would valorize actions and claims of the real tormentor, the tyrant himself. Crucially, “Solzhenitsyn emphasizes”—speaking from the authority granted him by his own experience—”that we are not totally determined by our political and economic circumstances even under the worst regime.” He bears witness to acts of self-sacrifice in the very prisons and prison camps that are structured on the assumption that human beings are made of nothing but matter. “Only those who have renounced self-preservation as the highest end of human existence can live well in light of the truth”: Both Athens and Jerusalem saw such men, and Solzhenitsyn shows that they existed even under a tyranny worse than any hitherto seen on earth.

    If Solzhenitsyn represents a man of “Jerusalem” who philosophizes, Raymond Aron represents a man of “Athens”—perhaps more precisely of Paris, symbol of what Mahoney calls “the moderate enlightenment” of Montesquieu and Tocqueville—who admires Jerusalem as seen in Solzhenitsyn. Mahoney devotes a chapter to Aron’s response to Solzhenitsyn, contrasting it with Aron’s response to that Parisian enthusiast of what might be described as decidedly immoderate enlightenment or secularism, Jean-Paul Sartre. Aron sided with Solzhenitsyn, not Sartre, on exactly those points contested by the regimes of liberty against the regimes of tyranny: that human nature exists and does not change; that that nature ought not to be obscured by, much less subordinated to ideologies; that Marxism-Leninism did not merely cloak the Politburo’s self-interest but rather underpinned its moral and intellectual outlook, preventing it from understanding the realities it wanted to manipulate; that Sartre’s justification of violence “as a liberating end in itself” played into such malignant fantasies; that Communism did not express the Russian character but perverted it; and finally, that philosophic theories positing historical determinism were mistaken and debasing. “With no other criterion than the truth of History or the pretenses of an ideological part, the militant, whether, Marxist, existentialist, or Christian progressive, had succumbed to nihilism.”  Aron and Solzhenitsyn both “affirmed the free will and moral responsibility of human beings.”

    Himself a secularized Jew, Aron never believed charges that Solzhenitsyn partook of the anti-Judaism of some on the Russian ‘Right.’ Solzhenitsyn’s two-volume study of Russian-Jewish relations, Two Hundred Years of Living Together, published in 2001, “carefully chronicles the deeds and misdeeds of Russians and Russian Jews alike, and pleads for mutual understanding and repentance on the part of both parties.” Respecting mutual understanding, both sides need—in the sense of moral necessity—to make distinctions between those who actually committed crimes and the group that included the criminals. Unlike the anti-Jewish ‘Right,’ Solzhenitsyn rejects the canard that Jews conspired “to bring Marxism to Russia.” Jews “were in no way” the “instigators or architects” of either the Menshevik or the Bolshevik revolutions. Russians “were the authors of this shipwreck,” Solzhenitsyn writes. What is more, such Jewish Bolsheviks as Trotsky “had limitless contempt for the traditions and faith of their fathers.” He observes that the notion of a “small Jewish minority” driving a nation into Bolshevism defies not only the facts but elementary common sense. But (and here is where Solzhenitsyn does criticize some Russian Jews) the younger generation of Russian Jews did play a role in the tyranny that followed a role disproportionate to their numbers. “Nothing is served by ignoring this fact,” Mahoney observes, and further, to do so would be to override the need for repentance on both sides—repentance not only for crimes committed, which were atrocious enough, but also repentance for scorning the wisdom and goodness to be found in abundance in both Orthodox Judaism and Orthodox Christianity. Solzhenitsyn calls for repentance not only by the descendants of Jews who lent a bloody hand to Stalinist repression but by the Russian Orthodox ‘Whites’ who rejected Jewish support in the struggle against Bolshevism; “the anti-Semitic violence tolerate or carried out by White forces during the Russian Civil War fatally undermined the ability of men such as Churchill to rally international support for the White cause” while “driv[ing] non-communist Jews into the arms of the Bolsheviks.” And finally there was Stalin—in the wake of Hitler’s “War against the Jews,” no less—who hatched the pogroms of the early 1950s. No wonder that so many Russian Jews participated in the dissident movement that helped to undermine the Soviet empire in its last years.

    In telling the story of these parallel lives of Russian Gentiles and Russian Jews, Solzhenitsyn distinguishes two groups of people in order to help them understand one another, and to acknowledge the moral principles they share. He gives this procedure of moral reasoning a literary form in Apricot Jam and Other Stories, a late work of what he called “binary tales.” There, he tells two-part stories whose moral content consists of the problem of moral choice itself “in the most difficult of circumstances”—that is, when one must choose between one way of life and another. These are among Solzhenitsyn’s most hopeful writings because in them he takes care to show that even after one has made the wrong choice (as an individual or as a nation) there is still chance for repentance, for moral progress and return to the right way. Solzhenitsyn “never lost hope in his beloved Russia or in the capacity of human beings to renew the human adventure in accord with realities of the spirit.”

    In his final chapter Mahoney returns to the topic of his first chapter, addressing the much-disputed question of Solzhenitsyn’s views of post-Communist Russia, the Russia of Yeltsin and then of Putin. Solzhenitsyn deplored Western (especially American) inability to appreciate Russia’s legitimate interest in the condition of ethnic Russians—the descendants of the Soviet Union’s planned imperial diaspora into the various captive nations—and also its understandable geopolitical concerns about NATO advances into its “near abroad.” However, “he has never been a pan-Slavist” or imperialist himself. While applauding Vladimir Putin’s attempts to strengthen Russian self-respect and his campaign against Yeltsin-era corruption (he didn’t live long enough to witness the now-obvious corruption of Putin’s own cronies), Solzhenitsyn also objected to the tendency to conflate Russia with the Soviet Union, to cater to the political equivalent of nostalgie de la boue. Solzhenitsyn, too, wanted Russian self-respect, but with repentance as its precondition; “a proud patriot,” he found the soul of patriotism in moral responsibility and self-government. Far from endorsing some form of political ‘authoritarianism,’ Solzhenitsyn faulted the Russia of the early 2000s as insufficiently democratic, but insufficiently democratic precisely because its rulers had not yet restored the nation via the path of repentance. He was, it seems, too optimistic about Putin’s sincerity, but as for himself, he never wavered in his admiration for what he called the “highly effective self-governance systems in Switzerland and New England, both of which I saw first-hand.” Self-government “could only really be developed from the bottom up,” and Russian history reminded him of the institutional means of doing so: the provincial councils seen in the nineteenth century. He vigorously opposed tendencies to inhibit vigorous political competition in Russia. Above all as he argued in his 1998 book, Russia in Collapse, for the regime of democracy to prevail anywhere “there has to be a demos, a people, a nation.” But the moral and civic bonds that constitute a people were precisely what the Communists had deliberately severed in their attempts to construct “Soviet Man.” Binding up this nation’s wounds would require statesmanship of Lincolnesque dimensions. It would require a recovery of the very Orthodox Church that the Soviets had decimated and corrupted, a church that served God and neighbor, not the criminal ambitions of tyrants or oligarchs.

    Exactly the book needed on Solzhenitsyn at this moment, The Other Solzhenitsyn will also last, providing as it does an illuminating overview and introduction to his thought first of all by clearing away the formidable load of rubbish that blocks our path to that thought.

     

    Filed Under: Bible Notes

    ‘Paleoconservativism’ and the American Founding

    September 18, 2018 by Will Morrisey

    Justin B. Litke: Twilight of the Republic: Empire and Exceptionalism in the American Political Tradition. Lexington: University Press of Kentucky, 2013.

     

    This lively scholarly polemic takes what is often called a ‘paleoconservative’ view of American political history. American conservatism generally opposes progressivism (latterly called liberalism) in affirming what Russell Kirk called the permanent things—first of all the Biblical God, but also the traditional customs following from God’s commandments and “the laws of Nature and of Nature’s God” inherent in His creation. Paleoconservatives typically differ from other conservatives in denying universal natural rights, damning these as dangerous ‘abstractions’ tending toward all things violent and French. Professor Litke follows this line, celebrating John Winthrop’s Puritan founding at Massachusetts Bay, downplaying the Founders’ claim that all men are created equal, and above all by charging Abraham Lincoln with a sort of political heresy in emphasizing precisely that ‘abstract’ claim—and thereby derailing the Winthropian-Christian American tradition while preparing for the universalist/imperialist claims of Albert Beveridge’s Progressivism.

    He begins with a factual error, and an important one: “From colonial times up to the turn of the twentieth century, the country’s particular way of acting both domestically and in foreign affairs was fairly circumscribed and inwardly focused.” This is simply and obviously wrong. The period 1791-1890 saw American imperialism at its apex, as Americans moved from the Atlantic to the Pacific coast, pushing Amerindian nations and tribes westward at first, then into small settlements where many of them remain to this day, effectively protectorates of their conquerors. It is true that Americans undertook overseas expansion after 1890, but Hawaii and Puerto Rico scarcely compare to the lands acquired before that, and Americans proceeded with their planned relinquishment of Cuba and the Philippines as soon as they had some assurance that no other world power would take them.

    Nonetheless, Litke accurately observes that Progressivism marks a sharp turn away from the principles of the Founders. What happened?

    He begins with “the problem of American exceptionalism,” a phrase Walter Sombart coined in 1906 as he wondered why an advanced capitalist country seemed immune from socialism. Today, Litke remarks, the phrase has two meanings. In its comparative-politics sense, it refers to Sombart’s question. The United States deviates from the pattern of economic, social, and political development expected by Marx, who posits historical ‘stages’ consisting of feudalism, capitalism, socialism, and finally communism, all determined by struggles between economic classes. Since Marxism itself has taken a beating in the past thirty years or so, this meaning of exceptionalism no longer prevails. Rather, exceptionalism now refers to uniqueness. Unlike other ‘advanced’ countries, Americans remain in large measure a religious people, even if their religiosity has declined in the past 100 years. Following from this religiosity, Americans describe themselves as exceptional in three ways, considering themselves as exemplary in proving it possible to follow the Christian way of life in modernity, in maintaining political and social institutions that differ from those widely established elsewhere, and in undertaking a mission to civilize, educate, “or otherwise dominate the world politically or economically.”

    Preliminary to addressing this problem, Litke denies that philosophy understood as the ascent from the cave of custom and opinion is possible. In this he follows such non-Leftist historicist thinkers as Eric Voegelin, Willmoore Kendall, and George Carey, who argue that political philosophy “is a tardy development in the history of a people,” a thing produced out of the customs and opinions of the communities in which it arises. “A purely philosophical method is limited to analysis of particular moments in the life of a people—and late moments at that.” Ideas aren’t ideas in the Platonic or any other sense philosophers defined prior to the very late eighteenth century; rather, they are expressions of “symbols” and “myths” rather than realities above or behind symbols and myths. The claim that philosophizing amounts to a moment assumes what it attempts to prove, namely, that philosophic thought is time-bound or historical. Accordingly, in Litke’s phrase, the judgments of philosophers are really only “judgments of history.” Paleoconservative thought thus combines classical conventionalism with historicist theory, in contradiction to progressivist thought, which combines historicist theory with a vision of a perfected ‘end of history.’ But it shares with the historicism of the Left an egalitarian appeal of its own: Litke seeks “the real political theory of a people,” instead of “merely one person’s political thought,” for “language symbols” “that are not dead letters but sprang forth as active principles of the life of the community.” Not for him the philosophic claim that a thinker can escape the ‘cave.’ The claim also has political consequences; In it one sees the basis of paleoconservative’s hostility to Abraham Lincoln, who understood himself as defending an idea or proposition—that all men are created equal—and not a tradition.

    Litke begins with John Winthrop, the governor of the English colony at Massachusetts Bay and often called “the first American exceptionalist” because he calls for the founding of a “city on a hill”—that is, a political community that would stand as an example to the other, erring, communities in the world, somewhat as the Jewish republic stood to the regimes of the Gentiles. “Winthrop’s writings may stand in for the truth of the way of life”—the regime—”at Massachusetts Bay.” That way of life comported with Winthrop’s aristocratic status, his life in the legal profession, and of course his Puritan Christianity; the colony was no democracy, as the franchise and officeholding were restricted the those approved by the church. Itself a product of British imperialism, it furthered that imperial project in its dealings with Amerindians, claiming the hunting lands of local tribes under the principle of vacuum domicilium and fighting a war against the Pequots, whom they scattered or sent to slavery. Litke never quite gets round to mentioning those last couple of points, emphasizing the intended Christian exemplariness of Winthrop’s intention. Indeed so: Winthrop would never have written the letters George Washington later sent to the several religious congregations in the United States, including Catholics and Jews.

    Winthrop rather intended, first, to carry the Gospel to the New World as a “bulwark against the kingdom of Antichrist which the Jesuits labor to rear up in those parts” and as a corrective to the Church of England, which, as Litke remarks, “seemed to be edging toward rapprochement with Catholicism.” “The notion that America is a ‘redeemer nation’ need not mean that either the Massachusetts Bay Colony or the United States of America becomes an imperial power.” Indeed not, but they both were, as Litke admits, following Winthrop: “The land in New England lies uncultivated while England’s land groans under the pressure to feed its inhabitants. It would only be right to move westward and improve New England’s unenclosed—and, therefore, free and unclaimed—land; doing so is the act of a good steward of God’s gifts in Creation.” By contrast, the slothful, insufficiently devout Virginians suffered from failing to have established what Winthrop called “a right form of government.” The right form of government must have the right spirit, the spirit of agapic love. Although “it is difficult to imagine even a single fragment of society seeking to live today according to his vision,” it “occupied a prominent place in the American imagination in the early days of the Constitution and during Tocqueville’s time” as “the idea of a Christian political order in America.” As in the early Christian Church, mercy and love were to serve as the bonds of this community, thanks to the grace of God. By creating nature, God made distinctions not only among species but within them; human beings naturally divide into an order of rank. But “His spirit of love,” the “bond of perfection,” brings unity whereby men of diverse and unequal gifts form part of God’s overall plan of salvation.

    It is easy to see why this didn’t work, precisely by consulting the Bible. As the epistles of Paul the Apostle show, the early Church had its share of heretics and backsliders. So did Massachusetts Bay, quite apart from those worthless Virginians to the south. The Bible teaches that the Kingdom of God will come only after Jesus’ return and His creation of a new Heaven and a new Earth. Winthrop’s founding may not be utopian (Litke insists it was not), but it was fleeting, and, according to the Bible Winthrop and his associates consulted, it had to be. “We must knit together in this work as one man,” Winthrop urged, but men never do that for long. Winthrop soberly warned against the real danger of such decline, the loss of this Christian example. He depends upon God’s providence to prevent such a calamity; “his theory does not claim to sway history but only to read it and, thus, provide the opportunity to act in accord with it.” The world watches the Puritans, to see if they succeed or fail, he thought. But of course if the world is ‘the world’ in the pejorative sense, then would it not want the Puritans to fail? And would it have heeded their example, had they succeeded? In any event, Litke’s principal claim, that “Puritans were exemplary, not imperial exceptionalists” can only be true if one ignores both their status as a colony and their practice of expansion at the expense of Amerindian hunting grounds.

    Although Litke wants to claim that the conception of the American regime the Framers held “was continuous with the Puritans’ in many ways,” he makes it clear that it wasn’t, even in the decades before independence. The covenantal view of “the political order” remained, “taken for granted” by all Americans; yet, it was no longer “a literal covenant with God.” As he observes, representation no longer means a monarch but a republican assembly, and this means a compact or contract with fellow-citizens—under the laws of Nature and of Nature’s God, to be sure, but not with God. As Litke describes the colonial constitutions, prior to the Declaration of Independence, the Articles of Confederation, and the 1787 Constitution, “politics is, under these documents, not considered a grant of the king but an activity of the people themselves for the people’s own benefit.” But this is why they begin to think of political life as contractual, not covenantal.

    At any rate, Litke asserts, that the Declaration declares not a revolution but independence. A revolution is a regime change; that being the case, he contends, the Declaration didn’t change the American regime or regimes, which consisted of an alliance of thirteen free and independent states, united only in declaring that independence and in fighting the war under the direction of a Congress consisting of men representing the peoples of those states. This overlooks the Declaration’s clear claim that Americans constitute “a people”—one, not thirteen. It also overlooks the Declaration’s announcement that Americans are changing their government, as indeed they must be, if they no longer recognize the British imperial monarchy but intend to found a federation of republican states. In the name of what did they declare and fight for independence? He claims that although the self-evident truths of equal unalienable rights seem to amount to “universalistic claims” the introductory phrase “We hold these truths…” belies their universality. Litke has confused himself. If I say “I hold that God exists” I may well understand that you don’t, but that doesn’t mean that I am not making a universalistic claim, only that I am not assuming that everyone else concurs with it.

    To his credit, Litke sees that there is no “theory of history” in the Declaration. Providence, yes; ‘history,’ no, not in the historicist sense. The Declaration begins “When in the course of events,” not “When in history” because the Founders are natural-rights men, not historicists. “There is no air of inevitability or notion that this move [i.e., declaring independence]is the last, first, or middle term of any inexorable historical syllogism.” In this sense, the Declaration is not universalistic at all. Oddly, Litke identifies only two places in the Declaration that “speak of God,” although there are at least three, implicitly four. God is creator, lawgiver, judge. He is also a providential God, a Person who cares for His creation. True, “Congress acts on the authority of the people it represents,” but the people’s authority derives from their Creator-endowed, self-evident, unalienable rights, shared by all human beings at all times.

    This falsifies Litke’s claim that under the Declaration the American people only acted as one people, whereas under the Constitution they are to be one people. The American people declared their union both in the Declaration and before it. What they did in ratifying the Constitution was to re-allocate the powers that belonged to themselves by right, subtracting from the powers they had allocated to the several states and adding to those wielded by the federal government. They did so in order to better secure their unalienable or natural rights, which, the ‘federalists’ saw, were insufficiently protected under the Articles of Confederation.

    “The important documents of the American founding have little to say about the place of the American people in history, the universality of their task or aspiration, or the role that God is to play in their polity.” But if ‘history’ means the course of events, the Declaration and other founding documents have plenty to say about Americans’ place in it; only if ‘history’ means a philosophic concept, the unfolding of an ‘Absolute Spirit’ or some other compelling force, do Americans say little—indeed, precisely nothing—about it, inasmuch as they didn’t think in terms of historical laws but rather in terms of the laws of Nature and of Nature’s God. Those laws are universal laws, ruling all human beings as such. As for Providence, the Founders are less presumptuous than the Puritans, relying on God’s blessing but not expecting it. “Transcendence and universality have not been abandoned, but they have been separated out of the political sphere, except at it periphery.” Not quite: they have been separated out of the political sphere as its framework, its standard, and (they hope) its guardian.

    As with the Puritans, Litke also claims that the Founders were not imperialists. This is even more obviously wrong than his assertion about the Puritans. Jefferson speaks explicitly about the United States as “an empire of liberty,” and a people’s elected representatives didn’t enact the Northwest Ordinance or the Louisiana Purchase in the absence of  imperial ambition. That their imperial ambition differed from European imperial ambitions by proclaiming an empire of liberty, in which new territories would eventually enter the Union as equal partners with the original states and not as perpetual colonies, demonstrates that the Revolutionary War really was revolutionary, a genuine regime change.

    It is on this dubious foundation that Litke attacks Lincoln’s “derailment of the tradition”—a tradition that even by his own account does not exist in any but the most general sense, on the level of paleoconservative ‘symbols.’ Lincoln (correctly) identifies the juridical origin of the American Union in the 1774 Articles of Association, but Litke is having none of that, mistakenly claiming that Lincoln presents the several forms of the Union—the 1774 Articles, the Declaration, the Articles of Confederation, the U. S. Constitution—as stages in American political development. “These documents do not enact, reenact, or institute the same political order at their respective moments,” Litke rightly observes, but neither Lincoln nor anyone else ever claimed that they do. Nor does Lincoln make the key historicist move, which is to claim that these ‘moments’ form part of an inevitable unfolding of a ‘historical spirit’ immanent in a process or progression. “If ‘the Union’ came before the Constitution, where did the union come from?” Not “from the Articles of Association of 1774,” as Litke says Lincoln imagined, but from the peoples of the colonies. Can the peoples of former American colonies and territories, now states, dissolve the political Union that organizes them as one people? Of course, and Lincoln never denies it. But the various segments of the American people would need to consent to disunion, even as they consented to Union. In 1774 the newly united people of Great Britain’s North American colonies had not declared their independence; they remained subjects of a monarch in the British Empire, as Litke says. “They wanted continued union with the Crown.” But they were nonetheless united in a new “association” under that Crown. That association asserts rights against the regime of which it is still a part. A people might or might not be sovereign.

    “Lincoln is wrong about the United States. The aim of the United States was not at all operatively formulated as a reified proposition until Lincoln did it” in the Gettysburg Address. This is nonsense. The Declaration of Independence enunciates self-evident truths, stated in ‘abstract’ or propositional terms as part of a logical syllogism, with major premises, minor premises, and conclusions drawn from them. If that doesn’t amount to a “reified proposition” (as in a geometric proof or a syllogism), what does? Captive to paleoconservative symbolology, Litke can only look at the “universal or transcendent significance” of the principles or propositions of that syllogism as “a quality previously reserved to the religious sphere in America,” now “infused into the political sphere,” an impetus for a “kind of pseudoreligious mission to be given to government.” “Lincoln is one of the chief sources of what will become the idea of imperial American exceptionalism.” But quite obviously ideas need have no religious or pseudo-religious content; neither Euclid nor Aristotle has recourse to divine revelation. They reason from propositions, as did the Founders and Lincoln, although as political men the Founders and Lincoln also needed to reason practically or prudentially, forming rational policy based on the circumstances before them.

    Litke’s final topic, Senator Albert J. Beveridge’s race-theory variant of Progressivism, accurately summarizes Beveridge’s ambition to see an American empire extending not only to the Philippines but to Latin America. Litke ignores the novelty of Progressivism, pretending that “expansion and aggrandizement of American political power is very different from the American political tradition”; what is novel (except among Southern secessionists and some of the older Manifest-Destiny Democrats like Senator Stephen A. Douglas) is the racial and historicist foundation of this new imperialism. Litke further confuses matters by claiming that Beveridge’s position was more or less identical to that of Theodore Roosevelt, who was no racist and had no interest in permanent annexation of foreign territories as colonies. He wrongly exonerates Woodrow Wilson of adherence to ‘race theory,’ but again attempts to add Wilson’s own quite different historicist ‘liberal internationalism’ to more or less the same category as ideas of Lincoln, Beveridge, and Roosevelt: namely, “idealism.” But Lincoln had nothing to do with the historicism propounded by the German Idealists, and until approximately 1911 (that is, after his presidency) Roosevelt had nothing much to do with it, either. [1] “Lincoln made it possible to conceive of America as something transcendent,” but Lincoln claimed no such thing; rather, Lincoln looked to transcendent or abstract principles or self-evident truths (as the Founders had done), truths which, owing to their very transcendence or abstraction, could never be embodied by any political regime, American or other. The embodiment of ideas as ‘ideals’ forms the core of historicism, which Beveridge and Wilson endorsed (albeit in very different ways) and which Lincoln never, and Roosevelt only sometimes, endorsed.

    Alluding to Lincoln’s Second Inaugural, Litke writes, “The wounds of the Civil War required bandages not previously known because the war presented a problem—a real disunion—that we had not encountered before.” On the contrary, America’s first civil war, the Revolutionary War, saw the appropriation of the property of American Tories and their departure for Canada and elsewhere in the British Empire. What is more, the real disunion which culminated in both wars arose from a fundamental difference: a dispute over what regime would rule the United States. Monarchy or republic? Oligarchy (as in the slaveholding planters’ South and the Senate they controlled for decades) or republic? Binding up the nation’s wounds was a necessary task at the end of both civil wars. In both cases, new ruling institutions were required in order to buttress the new regime: first the Articles of Confederation and then the Constitution in the founding period, then the Civil War amendments to the Constitution and the attempt to enforce the Constitution’s republican guarantee clause in Reconstruction. (Litke is technically correct in saying that “in Lincoln’s presidency there was no new American political order put in place in an official document,” but only because Lincoln was assassinated before the amendments and Reconstruction took effect.)

    “The central question is twofold: first, whether… habits, customs, and institutions [of self-government] may be imposed by a foreign power and, second, whether it is the particular responsibility of the United States to do so. The answer to these questions was formerly settled in an operative no,” an answer supposedly reversed by Beveridge, Roosevelt, and Lincoln, supposedly following Lincoln. The real answer has always been an “operative” and principles “yes,” from the Washington Administration’s efforts to change the regimes of the Five Civilized Tribes in the American South to today. Regime change may indeed be imposed by a victorious power in a just war. The Civil War, World Wars I and II, and several other wars in the course of events involving the United States were just wars undertaken against bad regimes, in many instances regimes which had attacked the United States.

    ‘Paleoconservative’ historicism provides a sober corrective of ‘progressive’ historicism.  Paradoxically, both get ‘history’ wrong. In a conversation with a ‘paleocon’ professor who used a collection of writings for a college reader on “The American Tradition,” I asked, “Who gets to choose what goes into the collection?” He smiled without answering, and understandably so, since he was the editor of the volume in question. Someone always must make the ruling choice, by some set of criteria that amount to ideas, whether they are admitted to be ideas or not. “Permanent things,” indeed.

     

    Note

    1. For a comparison of Roosevelt, William Howard Taft, and Wilson, see Will Morrisey: The Dilemma of Progressivism: How Roosevelt, Taft, and Wilson Reshaped the American Regime of Self-Government. Lanham: Rowman & Littlefield, 2015.

     

     

     

     

    Filed Under: American Politics

    The ‘Living’ Constitution

    September 18, 2018 by Will Morrisey

    Originally published by Constituting America, August 7, 2015. Republished with permission.

     

    Cheered on by Congress and the Supreme Court and abetted by what has become very nearly a fourth branch of government—the federal bureaucracy or administrative state—the executive branch of the United States government has for some time almost routinely overridden the separation of powers the Framers designed for the protection of American rights. In The Federalist, Publius argued that the Constitution itself amounts to a bill of rights, preventing the usurpation of powers by the executive by giving the legislative and judicial branches powerful incentives and real powers to resist such encroachment. This worked, until it didn’t, most obviously during the second administration of Franklin Roosevelt.

    Whether it is the Environmental Protection Agency ignoring Congress and issuing edicts on global warming, federal land grabs in Alaska, bureaucratic regulations on immigration, the confused and onerous burdens of the Common Core program in our schools or the Affordable Care Act in our hospitals and doctors’ offices, warrantless surveillance of American citizens by the National Security Agency, partisan misuse of the Internal Revenue Service, or the overuse of Congressional-Executive agreements and sole executive agreements in lieu of treaties, we have witnessed an executive and administrative power that no longer merely executes laws enacted by Congress but itself legislates, with or without Congressional organization, and often with no rebukes from a complaisant Supreme Court.

    Why is this happening?

    We can enter the trail at any one of the points listed, but let’s use the last one, the international ‘agreements’ that have largely taken the place of treaties since World War II. Some fourteen years ago, John C. Yoo—then as now a professor at Berkeley Law School—wrote an illuminating article in the Michigan Law Review discussing the history of treaties and Congressional-Executive agreements. [1] Yoo later joined the George W. Bush administration in the Office of the Attorney General and authored rules governing the War on Terror and authorizing the use of “enhance interrogation techniques” as one instrument of that war. He is no libertarian when it comes to Constitutional law. This makes his work all the more useful here, exempt as it is from any suspicion that it was authored by an enemy of executive power.

    Among the principal defenders of the constitutionality of such agreements, Yoo mentions Bruce Ackerman, Sterling Professor of Law and Political Science at Yale Law School and author of (among other books) The Failure of the founding Fathers, We the People: Foundations and its sequel, We the People: Transformations. Ackerman argues for a constitutional theory that combines the popular sovereignty of Senator Stephen Douglas with the Progressivism of Woodrow Wilson and such prominent recent Supreme Court Justices as William J. Brennan and Thurgood Marshall.

    As Yoo documents the matter, between 1789 and 1839 the United States entered into sixty treaties and twenty-seven non-treaty international agreements. But “as the nation entered world War II… statutory devices or even unilateral executive action came to overwhelm the treaty process; from 1939 to 1989, we enacted 702 treaties but 11,698 non-treaty agreements. Writing in 2001, Yoo observes that almost all of these international agreements concerned trade (Bretton Woods, the WTO, NAFTA, and the like), but such areas as arms control, the environment, and human rights were still firmly under treaty law. Obviously, only a decade and a half later, this is no longer the case. Non-treaty agreements are now standard practice in all areas of international dealings, not just trade.

    Ackerman applauds the trend. Reacting to the failure of the Versailles Treaty (with its concomitant League of Nations), progressives began a push to make international agreements legally equivalent to treaties. One might suppose that the Constitution would block any such effort, but not the Constitution in the hands of progressives. According to Ackerman, the 1944 election of Franklin D. Roosevelt not only gave popular endorsement to his intention to frame and participate in the new League-of-Nations substitute, the United Nations, but actually transformed the Constitution itself. The election, you see, was a revolutionary moment in which public popinion endorsed a fundamental change in Constitutional practice, entitling the executive and legislative branches to bypass the treaty-making power of the Constitution. By 1947, Ackerman claims, such “interchangeability” had “become part of the living Constitution”—the foreign-policy equivalent of the seeping domestic constitutional changes wrought by FDR’s smashing victory in the 1936 election, which centralized power in Washing and thus compromised federalism, transferring a considerable part of lawmaking power from Congress to the administrative state now ensconced in the capital city. A “New Deal,’ indeed: a ‘revolution’ effected not by war and not even by the ratification of a new constitution by the people’s representatives in a constitutional convention, but enacted by a pair of presidential elections.

    But where does this notion of the “living Constitution” come from? And what does it mean?

    The phrase predates the New Deal. It is first seen in Woodrow Wilson’s 1908 study, Constitutional Government in the United States, one of his last scholarly efforts before he left the presidency of Princeton College for the governorship of New Jersey and eventually for the White House. Wilson’s scholarship had long served the political agendum of progressivism, and Constitutional Government continued that project. Like all progressives, Wilson maintains that each epoch of human history has had its own distinctive mindset, useful for that time but largely obsolete in subsequent times. If the Declaration of Independence said that all men are created equal insofar as they possess the unalienable rights of life, liberty, and the pursuit of happiness, well, that “leaves to each generation of men the determination of what they will do with their lives, what they will prefer as the form and object of their liberty, in what they will seek their happiness.” As “history” works itself out, through the generations, “leaders” arise to guide them. “A living people needs not a master but a leader”; fortunately, “great passions, when they run through a whole population, inevitably find a great spokesman.” Whereas the Framers had so structured government as to refine and enlarge the public views—to make self-government reasonable government—Wilson is confident that passions will bring a people greatness. The leader is the most articulate spokesman for the ruling passion of his time.

    Specifically, in this new, twentieth century we must abandon the Constitutional theory of the Founders. “The makers of the Constitution constructed the federal government upon a theory of checks and balances which was meant to limit the operation of each part and to allow to no single part or organ of it a dominating force; but no government can be successfully conducted upon so mechanical a theory.” Rather, we need a government in which a leader may “bring the several parts of government into effective cooperation for the accomplishment of the particular common objects—and party objects at that.” The mechanical theory of the Founders derived from the natural-science mechanics of Isaac Newton. But “in our day, whenever we discuss the structure or development of anything, whether in nature or in society, we consciously and unconsciously follow [Charles] Darwin,” not Newton. Gravitation and the image of planets in orbit have given way to a view of nature that has become historicized or progressive—evolutionary, not stable.

    Here is where the “life” of the “living” Constitution comes in. “The trouble with the [Newtonian] theory [of the Founders] is that government is not a machine, but a living thing. It falls, not under the theory of the universe, but under the theory of organic life. It is accountable to Darwin, not Newton…. Living political constitutions must be Darwinian in structure and in practice.” The Constitution “is a vehicle of life, and its spirit is always the spirit of the age”—evolving, developing, aiming at ever-superior life-forms. History—now conceived as ever-evolving toward better forms of society—becomes a series of Ackerman-ish “revolutionary moments.”

    To Wilson, this fits exactly with approval of government as primarily an executive—that is, a presidential—affair. The president represents the ruling political party, itself on the cutting edge of historical progress as demonstrated by its electoral success, its ability to capture the ruling passion of popular opinion. “He is also the political leader of the nation.” “The President is at liberty, both in law and conscience, to be as big a man as he can. His capacity will set the limit.” In particular, he enjoys “very absolute” control over foreign policy.

    In Wilson’s constitutional—some might say ‘anti-constitutional’—theory we see the genesis of government by executive leadership. Buttressed by a professional bureaucracy staffed by men and women adept at “the science of administration”—the title of then-professor Wilson’s most important early essay—the president becomes the good shepherd of the spirit of the age, sharing our current ruling passion, leading us ever closer to the final ‘end’ of historical progress, that land of peace and prosperity that will leave all of our passions satisfied, all of our dreams fulfilled.

    If Americans today find themselves perplexed at government by executive orders and executive ‘agreements,’ it is only because they’ve not seen how such government was carefully prepared by men like Wilson and Franklin Roosevelt, and not in some secret place as a part of some dark conspiracy, but openly and in print in writings that often date back more than a century. In those writings, progressives proposed the dismantling and replacement of the Framers’ regime, under such formulas as “The New Freedom” (Wilson), the New Republic (journalist Herbert Croley), the New Deal (FDR), the New Frontier (JFK), the Great Society (LBJ, borrowing from an earlier progressive writer), the New Spirit (Jimmy Carter), and finally a movement of “Hope and Change” (Barack Obama). New and great, hopeful and ever-changing, because progressives suppose that they know those old Constitutional principles to be obsolete, and that they see further—better than the rest of us do—and so can more surely lead us into the Future.

     

    Note

    1. John C. Yoo: “Laws as Treaties: The Constitutionality of Congressional-Executive Agreements.” Michigan Law Review, Volume 99, February 2001, pp. 757-852.

    Filed Under: American Politics

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