'Cause I Said So…

The Purpose of Government to a Free People

The purpose of any government is to get things done. Its existence may not be considered legitimate. The person(s) in power may not be you. The methods used may be to your detriment. The things done may not be to your liking. Regardless, it is there to get something done. Who, what, why and how? These are answered by the type of government you live under.

The purpose of government in an authoritarian society (monarchy or oligarchy) is to do things to the “people” (subjects) at the behest of and to the benefit of the ruler(s). There are innumerable examples of such governments throughout history. The prevailing characteristic is: Either you’re “in” or you’re “out”. These tend to be very static societies, with change only coming violently from either outside by invasion or inside by revolution. Any loss of control by those in power can lead, domino-like, to the complete collapse of civil authority.

The purpose of government in a “democratic” society is to perform “collective action” with the consent of the majority. However, just because decisions are made “democratically” doesn’t necessarily make the individual any freer. If you are in the minority, you have no say in what these actions may be or in how they are achieved. In a “pure democracy” you have no rights other than those agreed to, at any given moment, by those with the most votes. History shows these societies to be short-lived due to roiling factionalism, which leaves them vulnerable to invasion due to weakness or to takeover by authoritarians offering stability.

Luckily, the Framers of our current government were students of history. They understood that the only way to be truly free was for government to protect an individual’s Life, Liberty and Property, not just from others but also from the government itself. They knew there could be too much democracy. They also knew there should not be a permanent ruling-class. The only solution was to marry those who govern to those governed, within a framework which limited the intrusive power of government. The Men who created our government had deep wells of personal experience and historical perspective from which to draw, but first they had to contend with their contemporary situation.

A little history…

The Founders may have given us a country, a Constitutional, Federal Republic, but it had a weak and ineffective government under The Articles of Confederation and Perpetual Union. The Founders cannot be blamed in any way for this compact. The Articles of Confederation was a necessarily hurried creation in a time of rebellion against their colonial Master. The authors didn’t see themselves as creators of a “nation”, but as writers of a treaty, an 18th century American “NATO”. Their States were their countries, and to these States they gave their allegiance. The Articles were drafted to protect them from their mutual enemy… and, to a certain extent, to protect them from one another.

After the conclusion of hostilities with Britain, many found the Articles to be insufficient to the task of properly governing such a large nation at the federal level. Some called for amending the Articles to expand and enhance its meager powers. A convention was called and delegates were sent to Philadelphia to propose modifications to the Articles. Within short order, the delegates came to the agreement that the Articles should be set aside, and a new document created. This action being outside their assignment, the delegates agreed to continue in secret until they could present a completed document to the Congress and the States. To this end, they wrote a new contract between the States, replacing the existing federal government with an entity answerable to not only the States, which will have created it, but also to the People, from whom they believed all legitimate political authority is derived.

The new contract, our current Constitution, gave representation, in many and varied ways, to both the States and the People. Direct accountability to the People was the element absent from the Articles of Confederation. The Framers were able to justify the broadening and strengthening of federal government authority beyond those under the Articles based, in part, on direct accountability to the People. However, our Constitutional, Federal, Democratic Republic limits those areas of action within the purview of the Federal Government. All other areas are reserved to the States and to the People. To emphasize this last point the very first Congress passed an amendment, the Tenth Amendment, to the new constitution saying exactly that.

So, “collective action” is performed, as in a democracy, but this action is constrained and compartmentalized. Unlike a “pure” democracy, the political rights of the current minority are protected on par with the majority. Like an authoritarian government, a select few make law and administer the state; however, power is not absolute and position is legitimized by citizens. An individual or faction may not get always their way, but none shall be “punished” for being on the out of the current majority. Unlike in a national government such as Britain’s, our sovereignty is maintained by the People and exercised concurrently by multiple levels of government, each assigned its unique areas of responsibilities.

In the appropriate areas and at the proper levels, our governments perform those collective actions we want performed. The federal government was given great power, but its actions were to be limited in scope to primarily national defense, and commerce, both interstate and international. Within these areas it was given a wide field, but it was not to venture beyond its estate without trespassing upon the properties of another, the States. As well, the States’ governments have greater or lesser power, depending upon their own constitutions and the wishes of their Peoples, but have responsibilities separate and unique to them from the federal level of government.

[Oddly enough, it’s never commented upon that the federal Constitution establishes no qualifications as to the type of government required at the State level. Under the Constitution, no State is required to be a Constitutional, Democratic Republic. Theoretically, a State could possibly have been a Constitutional Monarchy, as long as they convened a legislative body, and sent representatives to Congress. According to the Constitution, the States set the rules by which representation is elected. So, theoretically any qualifications could have been created.]

Now, the very nature of what constitutes a legitimate government action is often debated. However, by its very definition a legitimate government action must take place, if at all, at the correct governmental level according to the divisions of powers. As well, the perceived need for an action, even in the case of an “emergency”, does not automatically legitimize it. Many argue that the proper level of government is that which is able to muster the resources needed to perform the desired action. They don’t know their history.

An observation…

At this juncture, it must be pointed out that a proper and lawful action by an American government is not that difficult to discern, if one can read the English language. The Constitution of the United States of America is written in plain language, as are each of its amendments. The delegates to the convention were learned men, but few had a formal education. So, it is not necessary to have a law degree, any post-secondary education, or a Ouija board to comprehend the meaning of the document. At most, the notes from the debates, kept by James Madison, are all one may need, though a copy of the Federalist Papers would be illuminating. Also, all State constitutions are written in English. So, I foresee no problems on that account.

If one bothered to read the writings of those involved in constructing the Constitution, one would find their plans for the federal government somewhat grander than that which preceded it. However, it was never meant to be an all-encompassing entity involved in the daily lives of its citizens. Unless one lived in the vicinity of the Capitol or a military installation, the US Postal Service (a constitutionally mandated institution) would be one’s only possible daily interaction with the federal government.

There was never to be a behemoth in DC being THE government. It was only to be a government. Your only directly elected federal official was to be your Representative. Senators were to be selected by States’ legislatures. You were not to be overly concerned with who was the President, as he was primarily the administrator of laws passed in Congress. Very few “life or death” decisions were to be made in Washington. Without direct taxation, only those involved in commerce beyond State borders were directly affected by the federal government. That is how it was supposed to be.

Your most important political interactions were to be with State officials living in your community and whose Capitol is closer to home. You would truly know those with the most direct impact on your life. They would not be some distant person seen only in TV ads or read about in the newspaper. If things functioned as constructed, one would not feel compelled to give to federal candidates or become fervently involved in federal elections. Time and energy would be spent on local and state candidates. State and local officials would be true governors and not primarily mere administrators of federal mandates and “largesse”.

There exists a fairly simple a process to determine whether a need is a legitimate government action. Answer these questions (in the exact order given): Can the “necessary” action be taken by the individual? Can the action be taken by the family? Can the action be taken by private associations (churches, public service organizations, businesses, etc.)? Can the action be taken by municipal or local governments? Can the action be taken by State government, within the constraints of its constitution? Finally, must the action be taken by the Federal government, within the constraints of its Constitution? At any point you are able to say “yes”, stop. That is the correct place for action to occur.

Some may say that is a harsh and restrictive test. They would be right. In a society where citizens are truly free, collective action must be taken only when absolutely necessary, and then only at the level closest to the individual. There are many arguable reasons for this, but the overriding rationale is Liberty. No person should make demands on another for what he is able to do for himself. Similarly, no family, locality, or State should demand of another anything it is able to provide for itself.

Once the appropriate level of government decides a lawful action requires being done, it must then determine how it will be taken and how it will be financed. All actions taken at any level of government come at a cost, and these costs are borne exclusively by the citizens. Whether taxed directly or not, no one is immune to the costs of government. Every dollar spent by a government is a dollar taken out of the private economy, whether it be borrowed or taxed. So, these actions must be performed as efficiently and economically as possible.

Practical suggestions for necessary government…

To minimize government overhead and long-term recurring costs, few government buildings and installations should be held permanently;

As government exists to perform tasks and not to provide jobs, permanent employment with its attached costs of non-salary benefits and retirement should be limited to only essential personnel;

For taxpayers to benefit from competition in costs and services, all non-essential functions should be outsourced to third-party contractors which must bid at regular intervals;

All government programs should include “sunset” provisions, which would require new, separate enabling legislation and a vote by politicians to remain in effect;

As all federal and state governments have Civil Service laws protecting employment, labor unions and collective bargaining should end for all government employees;

All federal and state lands which are not permanent parts of the parks services should be put up for sale to private entities, thereby paying down the debt, eliminating operating costs and generating tax revenues for States and localities;

To return intended powers to the States’ governments and to end the wasteful and coercive effects of the separation of tax revenue generation from government spending, the Seventeenth Amendment to the Constitution should be repealed;

To end the socially divisive and economically distorting effects of the generation of tax revenues based on the income of individuals, the Sixteenth Amendment to the Constitution should be repealed;

As federal taxes are meant to generate revenue for necessary spending and not to control behavior, it should be raised as efficiently and unobtrusively as possible which should be exclusively by a consumption tax by way of a Constitutional Amendment;

To prevent the constant growth of federal government, a Constitutional Amendment should be passed limiting spending to a fixed percent of Gross Domestic Product;

To recreate the citizen legislators envisioned by the Framers, and to end the near permanent ruling class with its focus on seniority, a Constitutional Amendment to limit the terms of Congressmen should be passed; and

To end the exchanging of blame for wasteful spending between the Executive and Legislative branches of federal government, a Constitutional Amendment giving the President a line-item veto should be passed.

The purpose of government to a free people is to secure our God-given rights to Life, Liberty and Property. Proper government does not encourage citizens to see one another as either host or parasite, as a means to further its own power. Men are only truly free when they live without fear of their government or their fellow citizens. The only way we, the American People, can regain the Liberties established, enjoyed, and fought and died for by the Founders and Framers of this nation, is to return to the original ideals they so heroically espoused. To do that we must look back to their original intent by wiping away the over two centuries of accumulated detritus that politicians and jurists have used to obscure that most beautiful document which begins “We the People of the United States of America…”

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4 Responses

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  1. springcreekriverocean said, on July 2, 2010 at 9:59 pm

    Some points to ponder: Term limits are unconstitutional because you deny the voter a choice. You are saying the voter cannot make a choice you like therefore you take away the person the voter likes. Term limits gave us George H. Bush after Ronald Reagan and George W. Bush after Bill Clinton. I think most people would agree term limits did not produce an improvement in either case. The electorate removed from office Gerald Ford, Jimmy Carter and George H. Bush. I think most people would agree the electorate makes much better decisions than term limits.
    I also believe the original document was a masterpiece for its time, but it did have flaws. Some of the detritus which has been added that I would not want to see taken away are the elimination of slavery, Lincoln, gun control, Washington, women’s suffrage, Wilson I believe, national parks, Roosevelt Theodore.

    • kevinsoberg said, on November 26, 2010 at 2:04 pm

      Thank you for commenting. Sorry to take so long to reply to your response.

      Yes, term limits do restrict choices. Constitutional government limits our choices for governmental action in myriad ways. Does that make constitutional government a bad thing? It is the very nature and purpose of such government.

      Our Framers did not conceive of the House of Representatives to be filled with a near-permanent class of rulers, feathering their beds in pursuit of ever expanding federal power. However, Pres. Washington did voluntarily leave office after two terms, setting an example followed for almost 150 years. Only after FDR broke with tradition did we find it necessary to pass an amendment restricting presidential terms. Passing another amendment, this one to limit congressional terms, simply means that once again we have CHOSEN to restrict our potential choices.

      As to your other points, I’ll take them one at a time. Abolition of slavery was done by way of a constitutional amendment. Women’s suffrage was done by way of another amendment. The only legal federal controls of firearms are the licensing of fully-automatic weapons and the licensing of firearms dealers (If you’re thinking of background checks for the criminal histories of those trying to purchase firearms, that’s for restrictions under states’ laws). The creation of national parks was simply a change in the designation of already federally-owned lands. The presidents you listed served in office before the term-limiting amendment was passed, and served two full terms (or less) in office.

  2. KingShamus said, on November 25, 2010 at 9:34 pm

    Great piece dude.

    Also, I didn’t realize I was on your blog-roll. Thank you very much. Consider yourself on mine now.

    Joyous Turkey Day to you, homie.

  3. kevinsoberg said, on November 26, 2010 at 2:10 pm

    Thank you. Glad you enjoyed it. Happy Thanksgiving.


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