Published on 3 Jul 2014
“America is dropping like a stone in rankings of freedom. As power accumulates in one person, expect that to continue,” says Frank Buckley, George Mason University law professor and author of the new book, The Once and Future King: The Rise of Crown Government in America.
Buckley sat down with Reason TV‘s Tracy Oppenheimer to discuss how the U.S. presidency has evolved into what he calls “something like an elective monarch.” He says that this is not what the framers of the Constitution had intended, nor did they conceive of the modern version of the separation of powers.
“A parliamentary regime was more or less what the framers wanted…as far as the separation of powers is concerned,” says Buckley “instead of a device to constrain a president, it’s one which immunizes him from criticism by Congress.”
July 4, 2014
QotD: The English Civil War of 1776
It is fashionable today to view the Revolution as one might a traditional war between foreign powers, but, in truth, the break of 1776 was the latest in a series of fallings out between brothers — a civil war fought by men who were separated by an ocean but not by a history. Reading through the extraordinary profusion of pamphlets and gripes that the crisis produced, one cannot help but be impressed by how keenly the revolutionaries hewed to existing principle. Thomas Paine, perhaps the most radical of the agitators, may have believed that he could start the world all over again, but the colonists who marched with him mostly definitely did not. Instead, they sought a restoration of their inheritance, the Constitutional Congress asserting in 1774 that British subjects in America were “entitled to all the rights, liberties, and immunities of free and natural-born subjects, within the realm of England.” In the same year, William Henry Drayton, a lawyer from South Carolina who later served as a delegate to the Congress, fleshed out the claim, establishing in a tract of his own that he and his countrymen were “entitled to the common law of England formed by their common ancestors; and to all and singular the benefits, rights, liberties and claims specified in Magna Charta, in the petition of Rights, in the Bill of Rights, and in the Act of Settlement.” With this popular sentiment, Drayton and his acolytes set themselves up as the Roundheads of the New World, linking spiritual arms with the parliamentarians of the English civil war, with the seditious architects of the Glorious Revolution, and with all who had established colonial outposts in the name of English freedom.
[…]
Fear of potentates ran deep within the Anglo-American tradition. When the mutinous Immortal Seven ushered in the Glorious Revolution of 1688, their invitation to William of Orange related that the people were “generally dissatisfied with the present conduct of the government, in relation to their religion, liberties and properties (all which have been greatly invaded).” As Daniel Hannan observes in Inventing Freedom, these three objects were philosophically inextricable. Protestantism, Hannan notes, was seen by the architects of English liberty in “political rather than theological terms, as guarantor of free speech, free conscience, and free parliament”; Catholicism, by contrast, was held to consume those virtues and to lead, inexorably, to monarchy. The fear of “popery” that helped to usher in the Glorious Revolution was certainly more pronounced in England that it was in America. But the concerns that motivated it were not, being instead inseparable from the fundamental political question, which was, “are we to rule ourselves or are we to be ruled by Kings and by Popes?” It stood to reason then that those who had become accustomed to expecting to enjoy a relationship with God that was not refereed by a host of spiritual bureaucrats would be able to more easily imagine governing their own worldly affairs, as it made sense that a culture in which the laity was encouraged to read Scripture for itself would be one in which subjects would more quickly rush to the defense of parliaments against the King. As ever, the instinct was toward the fragmentation of power.
Charles C.W. Cooke, “The Civil War of 1776”, National Review, 2014-07-03.
June 20, 2014
The Black Death, the peasants’ revolt, and … tax increases
Put yourself in the position of an advisor to the 10-year old King Richard II shortly after his coronation in 1377. You’ve just witnessed one of the greatest population disasters in European history — the Black Death — where one third of the people of all classes died. The crown is at war with France (the Hundred Years’ War), and there’s little or no money in the treasury. You could probably come up with better policy ideas in your sleep than what Richard’s advisors did:
Fixated with outright victory in the One Hundred Years War, started by his grandfather Edward III, Richard’s government introduced hugely unpopular poll taxes in 1377 and 1379. A further tax introduced in 1381 was to be the straw that broke the camel’s back. Irrespective of wealth, the tax was fixed at a rate of 12 pence per person, meaning that it was a huge burden on the poor, but a minor inconvenience to the wealthy. In addition, rumours spread of widespread corruption in the government. The peasants were ripe for revolt.
Following the expulsion of a tax collector from the town Brentwood, 30 kilometres north-east of London, a band of rebels swept through Kent and Essex, swelling their numbers with volunteers as they went. They advanced upon London in a pincer movement from the south and east. The two leaders of the rebellion emerged as Wat Tyler, of whom little was previously known, and John Ball, a radical priest who had been broken out of prison by Kentish rebels, where he had been held for his beliefs in social equality and a fair distribution of wealth within the church. Indeed, as he preached to the crowd of thousands of rebels at Blackheath, then just outside London, he cried: ‘When Adam delved and Eve span, Who was then the gentleman? From the beginning all men by nature were created alike, and our bondage or servitude came in by the unjust oppression of naughty men.’
Londoners willingly opened the gates of their city to the rebels who set about their task with fervour. They sacked Savoy Palace, the home of the key adviser to the now 14-year-old Richard. Guards in the Tower of London opened the gates to the rebels, who freed the inmates and executed Simon Sudbury, the Archbishop of Canterbury and Lord Treasurer of England, who had been hiding inside. There were also several incidents of misplaced rage among the rebels, like when the crowd set their sights upon Flemish immigrants, many of whom were wealthy wool merchants, and murdered them in the streets.
Faced with a grave situation, the young king rode out to meet the rebel leaders at Blackheath. Their demands were an end to poll taxes, an immediate end to serfdom, the introduction of a more democratic form of government with local representation based on the Provisions of Oxford in 1258, and a fair distribution of wealth and power from the nobility. Richard initially gave into their demands as well as issuing pardons for all involved.
It got worse (for the peasants) after that brief high point…
June 16, 2014
Magna Carta
Allan Massie says there was “nothing revolutionary” about the signing of the Magna Carta on June 15, 1215:
The document was presented to the king and his signature, by seal, extracted. He had violated so many customs of the realm and infringed long-established liberties, which we might rather call privileges, that his rule in its present form had become intolerable to the barons and landholders, to the Church, and to the merchants of boroughs protected by their own charters.
The Magna Carta rehearsed these customs and liberties. It was a reproof to the king, to compel him to mend his ways. Far from being an abstract statement of rights, it was a practical document: calling the king to order, reminding him of the limits on his power, and insisting that he was not above the law, but subject to it.
This was not unusual. Kings had been brought to a similar point before. Medieval monarchy was limited monarchy, in theory and of necessity. Kings had to govern in collaboration with “the Community of the Realm” (essentially the propertied classes) and with their consent. Ultimately, having neither a standing army nor a police force, they had little choice. Moreover, the society of the Middle Ages was intensely legalistic – and the purpose of Magna Carta was to remind the king of what the laws were and of his duty to observe them if he himself was to receive loyalty and obedience.
If Shakespeare makes no mention of the document it is because in the years of the Tudor despotism the balance between government and governed shifted in favour of the former. The Tudors made use of what were called the Prerogative Courts to bypass the common law of England. Torture, practised on “subversive” Roman Catholics by the Elizabethan government, was illegal under the common law (and indeed under Magna Carta), but inflicted by the judgment of the Prerogative Courts (the Star Chamber and High Commission).
It was the parliamentary and judicial opposition to the less effective (and less oppressive) despotism of the early Stuarts which revived interest in Magna Carta, now presented as the safeguard or guarantee of English liberty. Though it had been drawn up by Anglo-Norman bishops and presented to the king by Anglo-Norman barons, the theory was developed that it represented a statement of the rights and liberties enjoyed in Anglo-Saxon England by the “free-born” Englishmen before they were subjugated to the “Norman Yoke”.
This, doubtless, offered an unhistorical and rather-too-rosy view of Anglo-Saxon England before the Norman Conquest, but it had this to be said for it: that the Norman and Plantagenet kings had regularly promised to abide by the “laws of King Edward” – the saintly “Confessor” and second-last Saxon king.
May 26, 2014
QotD: The “inevitability” of Austro-Hungarian collapse
These spectacular symptoms of dysfunctionality might appear to support the view that the Austro-Hungarian Empire was a moribund polity whose disappearance from the political map was merely a matter of time: an argument deployed by hostile contemporaries to suggest that the empire’s efforts to defend its integrity during the last years before the outbreak of war were in some sense illegitimate. In reality, the roots of Austria-Hungary’s political turbulence went less deep than appearances suggested. […]
The Habsburg lands passed during the last pre-war decade through a phase of strong economic growth with a corresponding rise in general prosperity — an important point of contrast with the contemporary Ottoman Empire, but also with another classic collapsing polity, the Soviet Union of the 1980s. Free markets and competition across the empire’s vast customs union stimulated technical progress and the introduction of new products. The sheer size and diversity of the double monarchy meant that new industrial plants benefited from sophisticated networks of cooperating industries underpinned by an effective transport infrastructure and a high-quality service and support sector. The salutary economic effects were particularly evident in the Kingdom of Hungary. In the 1840s. Hungary really had been the larder of the Austrian Empire — 90 per cent of its exports to Austria consisted of agricultural products. But by the years 1909-13, Hungarian industrial exports had risen to 44 per cent, while the constantly growing demand for cheap foodstuffs of the Austro-Bohemian industrial region ensured the Hungarian agricultural sector survived in the best of health, protected by the Habsburg common market from Romanian, Russian and American competition. For the monarchy as a whole, most economic historians agree that the period 1887-1913 saw an ‘industrial revolution’, or a take-off into self-sustaining growth, with the usual indices of expansion: pig-iron consumption increased fourfold between 1881 and 1911, railroad coverage did the same between 1870 and 1900 and infant mortality decreased, while elementary schooling figures surpassed those in Germany, France, Italy and Russia. In the last years before the war, Austria-Hungary and Hungary in particular (with an average annual growth of 4.8 per cent) was one of the fastest growing economies in Europe.
Christopher Clark, The Sleepwalkers: How Europe Went To War In 1914, 2012.
May 17, 2014
QotD: Modern echoes of 1914
Though the debate on this subject is now nearly a century old, there is no reason to believe that it has run its course.
But if the debate is old, the subject is still fresh — in fact it is fresher and more relevant now than it was twenty or thirty years ago. The changes in our own world have altered our perspective on the events of 1914. In the 1960s-80s, a kind of period charm accumulated in popular awareness around the events of 1914. It was easy to imagine the disaster of Europe’s ‘last summer’ as an Edwardian costume drama. The effete rituals and gaudy uniforms, the ‘ornamentalism’ of a world still largely organized around hereditary monarchy had a distancing effect on present-day recollection. They seemed to signal that the protagonists were people from another, vanished world. The presumption stealthily asserted itself that if the actors’ hats had gaudy green ostrich feathers on them, then their thoughts and motivations probably did too.
And yet what must strike any twenty-first-century reader who follows the course of the summer crisis of 1914 is its raw modernity. It began with a squad of suicide bombers and a cavalcade of automobiles. Behind the outrage at Sarajevo was an avowedly terrorist organization with a cult of sacrifice, death and revenge; but this organization was extra-territorial, without a clear geographical or political location; it was scattered in cells across political borders, it was unaccountable, its links to any sovereign government were oblique, hidden and certainly very difficult to discern from outside the organization. Indeed, one could even say that July 1914 is less remove from us — less illegible — now than it was in the 1980s. Since the end of the Cold War, a system of global bipolar stability has made way for a more complex and unpredictable array of forces, including declining empires and rising powers — a state of affairs that invites comparison with the Europe of 1914. These shifts in perspective prompt us to rethink the story of how war came to Europe. Accepting this challenge does not mean embracing a vulgar presentism that remakes the past to meet the needs of the present but rather acknowledging those features of the past of which our changed vantage point can afford us a clearer view.
Among these is the Balkan context of the war’s inception. Serbia is one of the blind spots in the historiography of the July Crisis. The assassination at Sarajevo is treated in many accounts as a mere pretext, an event with little bearing on the real forces whose interaction brought about the conflict. In an excellent recent account of the outbreak of war in 1914, the authors declare that ‘the killings [at Sarajevo] by themselves caused nothing. It was the use made of this event that brought the nations to war.’ The marginalization of the Serbian and thereby of the larger Balkan dimension of the story began during the July Crisis itself, which opened as a response to the murders at Sarajevo, but later changed gear, entering a geopolitical phase in which Serbia and its actions occupied a subordinate place.
Our moral compass has shifted, too. The fact that Serbian-dominated Yugoslavia emerged as one of the victor states of the war seemed implicitly to vindicate the act of the man who pulled the trigger on 28 June — certainly that was the view of the Yugoslav authorities, who marked the spot where he did so with bronze footprints and a plaque celebrating the assassin’s ‘first steps into Yugoslav freedom’. In an era when the national idea was still full of promise, there was an intuitive sympathy with South Slav nationalism and little affection for the ponderous multinational commonwealth of the Habsburg Empire. The Yugoslav wars of the 1990s have reminded us of the lethality of Balkan nationalism. Since Srebrenica and the siege of Sarajevo, it has become harder to think of Serbia as the mere object or victim of great power politics and easier to conceive of Serbian nationalism as an historical force in its own right. From the perspective of today’s European Union we are inclined to look more sympathetically — or at least less contemptuously — than we used to on the vanished imperial patchwork of Habsburg Austria-Hungary.
Christopher Clark, The Sleepwalkers: How Europe Went To War In 1914, 2012.
March 14, 2014
QotD: The nature of government
All government, in its essence, is a conspiracy against the superior man: Its one permanent object is to police him and cripple him. If it be aristocratic in organization, then it seeks to protect the man who is superior only in law against the man who is superior in fact; if it be democratic, then it seeks to protect the man who is inferior in every way against both. Thus one of its primary functions is to regiment men by force, to make them as much alike as possible and as dependent upon one another as possible, to search out and combat originality among them. All it can see in an original idea is potential change, and hence an invasion of its prerogatives.
H.L. Mencken, “Le Contrat Social”, Prejudices, Third Series, 1922
December 27, 2013
QotD: The Church of England
“Getting the PM to choose the right bishop is like a conjuror getting a member of the audience to choose a card. With the Church of England the choice is usually between a knave and a queen.”
“The bench of bishops should have a proper balance between those who believe in God and those who don’t.”
“Bishops tend to live a long time, perhaps because the Almighty is not all that keen for them to join him.”
“The plans for a new church in South London had places for dispensing orange juice, family planning, and organizing demos, but nowhere to celebrate Holy Communion.”
“Theology is a device for helping agnostics to stay within the Church of England.”
“The Queen is inseparable from the Church of England. God is an optional extra.”
Jonathan Lynn, “Yes Minister Series: Quotes from the dialogue”, JonathanLynn.com
December 19, 2013
QotD: Blackadder greets Queen Victoria and Prince Albert
Ebenezer Blackadder: Cork it, fatso! Don’t you realise that this is the Victorian Age, where apart from Queen Piglet-Features herself, women and children are to be seen and not heard!
Prince Albert: Queen Piglet-Features!
Ebenezer Blackadder: Yes! “Empress Oink,” us lads call her. The only person in the kingdom who looks dafter than her is that stupid Frankfurter of a husband. “The Pig and the Prig,” we call them. How they ever managed to produce their one hundred and twelve children is quite beyond me. The bed-chambers of Buckingham Palace must be copiously supplied with blindfolds!
Blackadder’s Christmas Carol, 1988.
December 5, 2013
The Hundred Years War
In History Today, George Goodwin reviews A Great and Glorious Adventure: A Military History of the Hundred Years War by Gordon Corrigan:
As Corrigan explains, the Hundred Years War extended over a longer period (1337-1453) than its name suggests, but then it was not a continuous war either. Instead its series of intermittent campaigns featuring major battles and sieges was interspersed with periods of lower tempo siege warfare and long stretches of peace. The war was initially sparked by Philip VI of France’s formal declaration that Edward III’s territories in France (most notably Aquitaine) had been confiscated because the young English king had refused to act as his vassal and to hand over Robert of Artois, Philip’s mortal enemy. The war escalated after the Declaration of Ghent in 1340, when Edward proclaimed himself king of France on the basis that, through his mother, he had a superior claim to the throne than Philip, as she was the daughter of Philip IV, while Philip VI was merely his nephew. France, however, had never allowed for kingship to descend through the female line.
Corrigan’s dramatic description of the Battle of Sluys in 1340 gets the book going. Though fought between opposing navies, Sluys was essentially a land battle that took place on a flotilla of French ships chained across the mouth of an estuary, with the victorious English army moving from vessel to vessel and pushing their French opponents overboard. Corrigan accounts for England’s victory being due to superior tactics and the far greater effectiveness of the longbow in comparison to the French crossbow. This was down to both to the nature of the weaponry and the superior skill of the Anglo-Welsh archers. They proved decisive time and time again at the great set-piece battles of Crecy, Poitiers, Agincourt and Verneuil.
November 16, 2013
September 21, 2013
QotD: True liberalism
The function of Liberalism in the past was that of putting a limit to the powers of kings. The function of true Liberalism in the future will be that of putting a limit to the powers of Parliament.
Herbert Spencer, The Man Versus the State, 1884.
September 8, 2013
Prince Andrew’s brief career as a burglar
Red faces again for the security team at Buckingham Palace:
The incident came two days after a break-in at the Palace, which is said to have left Royal protection officers “jittery”.
Prince Andrew, 53, was walking in the garden when sources claim he was ordered to the ground and asked to identify himself. Scotland Yard say that no weapons were drawn during the incident.
A Palace source told the Sunday Express: “There is a high turnover of the police on duty at the Palace but you’d think anyone would know what Prince Andrew looks like.
“It’s fair to say that to describe the Duke as unhappy and the two officers as highly embarrassed is the biggest understatement of the century.”
Police are on high alert after the biggest security breach at the Palace in 30 years, in which a man managed to scale a 12ft fence, evade dozens of armed officers, and make his way into the state rooms last Monday.
August 31, 2013
The modern monarchy in Spain
In an older post at the Guardian, Miguel-Anxo Murado looks at the place of the monarchy in Spanish society:
King Juan Carlos of Spain must be one of the most Shakespearian kings, ever. His grandfather was ousted from the throne like Richard II, and like Richard III, his brother was killed (though in Carlos’ case it was a tragic accident). Like Hamlet he had a difficult relationship with his father, and like Macbeth, he arrived at the crown by way of an evil creature (General Franco). It sounds inevitable that, like King Lear, in his old age he would be cursed with troublesome daughters. Now, one of them, Princess Cristina, has been summoned by a judge. She has to answer for allegations that, together with her husband the Duke of Palma, they misappropriated millions of euros in public funds. Some say this scandal, the latest in a long series of royal mishaps, threatens the very institution of monarchy in Spain. But is it so?
The rule of King Juan Carlos of Spain is a very interesting example of how the essence of monarchy is not history, but a story — and how tricky that is. The Spanish monarchy is a literary institution. It was born outside and above the law. Its legitimacy was based on symbols, metaphors and, first and foremost, on storytelling: a mostly imaginary tale of continuity and exceptionality. Modernity changed this a bit, but not by much. Like theatre, monarchy had begun like a religious cult and ended in a popular spectacle. That was all. In stable systems like the UK, this transition from statecraft to stagecraft could be done more or less effectively, but in Spain it was pushing the trick too far.
[…]
Like with all story-telling, there’s some truth in this fiction. Yes, the king did assist the transition to democracy, and he stood against the 1981 military coup. Yet the often overlooked fact here is that he had no alternative if he wanted to reign. It was true that he was not ostentatious, but he wasn’t austere either. It is true that he seems a likeable person, but not exemplary. He was a patron of the WWF, but he also loves hunting elephants. He needed not to be perfect, but now he has to, because that was the nature of the narrative his friends concocted.
August 21, 2013
QotD: Empires
It’s odd the world still cares about European royals, whose primary contribution to history has been wars, repression and poverty for ordinary people so that a handful of twits could live in extreme excess, admiring themselves in the mirror. Not just the British ruling houses — the Hapsburgs, Romanovs, Hohenzollerns and other royal lines mainly brought misery to their subjects, and this was so even if Thomas Hobbes was right about corrupt aristocracy being preferable to bedlam. ALIQUATENUS MELIOR CHAOS should have been on every medieval royal family crest. That’s Latin for “We Are Somewhat Better Than Chaos,” at least according to the Google universal translator.
Perhaps anachronistic royalty draws crowds and media gushing because society adores celebrity, which the House of Windsor continues to possess. But through no effort of its own: The glamour, money and position of the Windsor crowd is inherited, not earned. Society’s admiration should go to those who attain their positions via merit.
Yet there is continuing enthusiasm for anachronistic monarchs of several nations: During the baby countdown outside Clarence House, crowds showed up in Brussels to cheer for new King Philippe, who may be the most irrelevant human being ever to don a purple sash. Fantasy may explain this. Mired in quiet desperation, people like to imagine being born into wealth and glory, treated as special and chosen. Fantasies about sports, sex or money help men and women get through their day, and getting through the day is important.
But let us not forget that kings, queens, princes, princesses, dukes, duchesses and the rest have had an almost entirely negative impact on the human family. Billions of people across the centuries would have lived better lives if the curse of royalty had not arisen. As for empire — whether British or in any other form, it is a hateful, destructive concept used by the few to bleed dry the many. Britons shouldn’t feel nostalgia for their lost empire, they should feel shame an empire once was held. Americans ought to join Indians, Pakistanis, Kenyans, Egyptians, Chinese, Afghans, Boers, Burmese and others in contempt for the memory of the British Empire.
Gregg Easterbrook, “Tuesday Morning Quarterback: NFL could set a better safety example”, ESPN, 2013-08-20
