Sunstein at The Volokh Conspiracy

Cass Sunstein, a professor of constitutional law at the University of Chicago, is guest-blogging at The Volokh Conspiracy. His maiden effort, “The Greatest Generation, is about the New Deal. It’s not an auspicious start. Here’s the text of my e-mail to Sunstein:

In your first post at The Volokh Conspiracy, you wrote about FDR’s Second Bill of Rights: “The leader of the Greatest Generation had a distinctive project, running directly from the New Deal to the war on Fascism — a project that he believed to be radically incomplete. We don’t honor him, and we don’t honor those who elected him, if we forget what that project was all about.” I think that most readers of The Volokh Conspiracy know quite well what that project was all about. It was about turning Americans into wards of the welfare state — not intentionally, but in effect. And there were plenty of contemporary critics who knew what it was all about and tried in vain to warn their countrymen.

I know as much as anyone my age (63) can know about the Depression and the fears that it spawned in Americans. My parents and their many siblings were young adults during the Depression, and all of them had to go to work at an early age (when they could find work) because their families were poor. Knowing the members of my parents’ generation as I do, I reject the notion that “true individual freedom cannot exist without economic security and independence.” Economic security and independence are always relative matters. I had little economic security when I was 21, but I had plenty of freedom, as did my parents when they were 21. Freedom (in a society that has free political institutions) doesn’t depend on economic security, it depends on inner security (self-reliance) — a trait that many Americans of later generations lack because they have developed the habit of looking to government, instead of themselves, for the solutions to their problems. You are not free if you have sold your soul to the devil in exchange for a bit of gold.

It is fatuous to say that those who are hungry and jobless “are the stuff out of which dictatorships are made.” The United States didn’t become a dictatorship (despite what many Republicans said about FDR). Britain didn’t become a dictatorship, and on, and on. The notable exceptions (Germany, Russia, Italy, and Japan) arose from other, pre-Depression causes. Nevertheless, FDR finally got his way — posthumously — as Truman, Johnson, and others completed most of the work of the New Deal.

The New Deal was born of fear. FDR succumbed to that fear. Ironically, FDR said it best: “the only thing we have to fear is fear itself — nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.” It was fear that caused FDR to do exactly the wrong thing. Instead of letting the economy work its way out of the Depression, as it would have sooner than it did under FDR’s “stewardship,” he began the long descent into American socialism by turning the tinkerers loose on the economy. (Most of them were — and still are — lawyers and academics with no real idea about the business of business.) At the same time, he seduced most of the masses into dependence on government. The cycle of power and dependence begun by FDR has only gained strength over the years.

I have owned and managed businesses in the regulatory-welfare state of “economic freedom” that is FDR’s legacy. I’m here to tell you that Americans are worse off than they would be if the New Deal had died at birth. That’s FDR’s legacy, and I most decidedly do not want to honor it.

Tokyo Rose Meets Professor Irwin Corey

More ethereal transmissions from Madonna (courtesy BBC News World Edition):

Madonna has said US President George Bush and ex-Iraqi leader Saddam Hussein are alike because “they are both behaving in an irresponsible manner”….

During the US interview Madonna tried to draw a line under her wild days, vowing to be “part of the order, not the chaos, of the world”.

She said: “The stance of a rebel is ‘I don’t care what you think’. But if it’s just for the sake of upsetting the apple cart, you’re not really helping people.

“You turn the apple cart over and then what? Then everyone’s looking at an apple cart that’s turned over and they’re like, well, now what do I do?”

The 45-year-old mother-of-two said her days of shedding her clothes on stage or in front of the camera are also over.

Madonna wants to shed her old image

“I thought I was liberating mankind but, like I said, I wasn’t really offering an alternative.

“To a certain extent I was saying ‘Look, you know, why do men only get the job of objectifying women in a sexual way? I want to do it too.’

“There was an element of that, but there was also an element of being an exhibitionist and saying ‘look at me’. It wasn’t that altruistic. I can admit that.”

That Madonna — always reinventing herself. Give her 10 years and she’ll be a Republican.

Libertarian-Conservatives Are from the Earth, Liberals Are from the Moon

A post by Tyler Cowen of Marginal Revolution points to George Lakoff’s book, Moral Politics. Lakoff thinks he has an explanation for the difference between conservatives (who hew to a “Strict Father” model) and liberals (a “Nurturant Parent” model):

What we have here are two different forms of family-based morality. What links them to politics is a common understanding of the nation as a family, with the government as parent. Thus, it is natural for liberals to see it as the function of the government to help people in need and hence to support social programs, while it is equally natural for conservatives to see the function of the government as requiring citizens to be self-disciplined and self-reliant and, therefore, to help themselves.

Lakoff is probably wrong about liberals, and he’s certainly wrong about most conservatives — and about libertarians, whom he doesn’t seem to acknowledge.

Liberals, in my observation, don’t think of the nation as a family. They think of it as a playground full of unruly children, needing someone (government) to enforce the rules (liberal rules, of course). A liberal’s candid thoughts would run something like this:

Well, here we are all on the same playground. Well, if we’re going to be here, we might as well get along together. I’m sure we’ll do just fine, and you’ll all be happy, if you do as I say. Now, if we all share, there won’t be any fights. Johnny, you have more toys than Billy, you have to give him some of your toys. Susie, no fair hanging around with your friends, you have to hang around with people you’ve never met; it’ll be good for you.

In other words, the liberal mindset is more like that of a bossy child trying to control her playmates than that of a “nuturant parent.”

Conservatives (those who think about such things, anyway) and libertarians don’t see “the nation as a family, with government as parent.” They see the nation as parent whose role is to guarantee a form of government that exists not to require citizens to be self-disciplined and self-reliant but to allow citizens to realize the fruits of whatever self-discipline and self-reliance they can muster.

It is not surprising, therefore, to find that conservatives and libertarians are generally more patriotic than liberals. Conservatives and libertarians put nationhood above government, realizing that without the nation our enemies (without and within) would rob us of our ability to enjoy the fruits of our self-discipline and self-reliance. Liberals, on the other hand, put government first and seem embarrassed by patriotism.

Thomas Sowell, in A Conflict of Visions, has a much better explanation of the dichotomy between the liberal and conservative-libertarian perspectives. He posits two opposing visions: the unconstrained vision (I would call it the idealistic vision) and the constrained vision (which I would call the realistic vision). As Sowell explains, at the end of chapter 2:

The dichotomy between constrained and unconstrained visions is based on whether or not inherent limitations of man are among the key elements included in each vision….These different ways of conceiving man and the world lead not merely to different conclusions but to sharply divergent, often diametrically opposed, conclusions on issues ranging from justice to war.

Thus, in chapter 5, Sowell writes:

The enormous importance of evolved systemic interactions in the constrained vision does not make it a vision of collective choice, for the end results are not chosen at all — the prices, output, employment, and interest rates emerging from competition under laissez-faire economics being the classic example. Judges adhering closely to the written law — avoiding the choosing of results per se — would be the analogue in law. Laissez-faire economics and “black letter” law are essentially frameworks, with the locus of substantive discretion being innumerable individuals.

By contrast,

those in the tradition of the unconstrained vision almost invariably assume that some intellectual and moral pioneers advance far beyond their contemporaries, and in one way or another lead them toward ever-higher levels of understanding and practice. These intellectual and moral pioneers become the surrogate decision-makers, pending the eventual progress of mankind to the point where all can make moral decisions.

Sowell has nailed it. Equality is a state that we will reach when liberals tell us we’ve reached it. Until then, we must do as they say — or else.

A Timeless Indictment

The authors of the Declaration of Independence, if they were writing it today, would be able to list “a long train of abuses and usurpations” by the federal government against the States and the people. Their list could rightly include these charges, once levelled against the British monarch:

…erected a multitude of new offices, and sent hither swarms of officers to harrass our people and eat out their substance….

…combined with others to subject us to a jurisdiction foreign to our Constitution and unacknowledged by our laws….

…[took] away our [State] charters…and alter[ed] fundamentally the forms of our governments….