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Culture War Roundup for the week of February 3, 2025

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The United States was not meant to be a "democracy." Benjamin Franklin famously described the government created by the Constitutional Convention as "A republic, if you can keep it."

While there were certainly people in the founding generation who saw a place for a heavy democratic element in the United States, such as Thomas Paine and Thomas Jefferson, I think it is fair to say that most educated gentlemen around the time of the founding were steeped in a tradition going back to Aristotle and Plato where "democracy" was the term for a bad form of government by the many.

Despite Alexander Hamilton advocating for the current Constitution, his original hours-long presentation to the Congress had a much stronger executive, and Hamilton famously told Jefferson, "The greatest man who ever lived was Julius Caesar." There's many ways to interpret this statement, but I think it is obvious that Hamilton hadn't completely shaken off the monarchical thinking of an Englishman, and wanted a strong central authority as the best guarantee of liberty for the people.

Federalist Paper 51, written by Madison, describes how the checks and balances of the United States republic are meant to function. The whole letter is worth a read, but I will focus on one part:

A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions. This policy of supplying, by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public. We see it particularly displayed in all the subordinate distributions of power, where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other that the private interest of every individual may be a sentinel over the public rights. These inventions of prudence cannot be less requisite in the distribution of the supreme powers of the State. But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates. The remedy for this inconveniency is to divide the legislature into different branches; and to render them, by different modes of election and different principles of action, as little connected with each other as the nature of their common functions and their common dependence on the society will admit. It may even be necessary to guard against dangerous encroachments by still further precautions. As the weight of the legislative authority requires that it should be thus divided, the weakness of the executive may require, on the other hand, that it should be fortified.

An absolute negative on the legislature appears, at first view, to be the natural defense with which the executive magistrate should be armed. But perhaps it would be neither altogether safe nor alone sufficient. On ordinary occasions it might not be exerted with the requisite firmness, and on extraordinary occasions it might be perfidiously abused. May not this defect of an absolute negative be supplied by some qualified connection between this weaker department and the weaker branch of the stronger department, by which the latter may be led to support the constitutional rights of the former, without being too much detached from the rights of its own department? If the principles on which these observations are founded be just, as I persuade myself they are, and they be applied as a criterion to the several State constitutions, and to the federal Constitution it will be found that if the latter does not perfectly correspond with them, the former are infinitely less able to bear such a test.

(Emphasis mine.)

Schlessinger's The Imperial Presidency, and Higgs' Crisis and Leviathan both document how this vision failed from different angles. Schlessinger examines the history of the growth of executive power, and the various techniques presidents used to get their way - from operating secret naval wars without congressional approval and oversight, to the use of impoundment to appropriate funds earmarked by congress (which was eventually eliminated after the Nixon presidency, due to his perceived abuse of the power.) Higgs looks at the way that crises created opportunities for the federal government to seize ever greater power, and while it is not limited to the growth in presidential power, it is impossible to ignore all of the emergency powers Congress ceded to the President across the constant cycle of crises.

Higgs was writing in 1987, and Schlessinger in 1973, and the trends they described have only continued.

And so we come to the present day, where Donald Trump became President on January 20th, and began what some are calling an "autocoup." On a diverse forum like this one, I am sure that there are at least a few monarchists that would be thrilled if that was true. I'm sure I can't convince them that an autocoup would be a bad thing, if that is, in fact, what is happening. But for the classical liberals, libertarians, conservatives and centrist institutionalists, I want to make the case that the way things happen matters as much as what is actually happening.

Some are defending actions like Elon Musk's DOGE dismantling the Department of Education without any apparent legal backing, by saying that this is what Trump supporters voted for.

But this simply isn't true. Or more accurately, that's not how this works.

I repeat: America is not a "democracy." America is a republic with checks and balances and a rule of law.

To the extent that we have democratic elements in our republic, then I certainly think that Trump and his supporters should be able to do what they were elected to do. If they want to pass an actual law that gets rid of USAID or the Department of Education, then let them do it. If they want to pass a law to rename The United States Digital Service, and give it unlimited power to control federal funding, then they should pass a law to do so. And if they can't get the Congress they voted in to make it happen, too bad, that is how a Republic works. The same applies if federal judges or the supreme court strike down a law or action as unconstitutional. One person doesn't just get the power to do whatever they want, without any oversight or pushback from the legislative or judicial branches.

I think the United States seems to be heading for a form of democratic tyranny, with few checks and balances. I don't know if there has actually been an "autocoup", but I do think there are shades of it in what has been happening the last few weeks, and I think any lover of American liberty and prosperity should be a little bit worried as well, even if they like the effects of a lot of these unilateral actions by the Executive.

EDIT: Typos.

Where was all this complaining about the forms of the Republic when Obama was using his phone and pen, or everyone from Johnson to Biden was implementing DEI by executive order?

No, the Democrats have knocked every check and balance in the nation flat in their attempt to purge Republicans from power, and now the Republicans have turned tail on them. It's too late to call upon institutional integrity now.

The Imperial Presidency is a bipartisan creation more than a hundred years old, not something created in 2008. Of course, point out all of the abuses of power by Democratic presidents - they're an important part of the story. But don't ignore the way Bush Jr. used signing statements to attempt line item vetos, or Reagan's actions in the Iran-Contra affair, or Nixon's abuse of the impoundment power, or if you want to reach back to the Civil War, all of the things Lincoln did that were clearly unconstitutional.

While I would characterize myself as broadly left-of-center, I still have a strong libertarian strain, and I've become increasingly convinced of the importance of Federalism over the last few years as I've turned more of my attention towards Renaissance and Classical political theory. I'm happy to condemn abuses of power whether they're Democratic or Republican, since I increasingly see myself as not being at home with either of them, even if I have my preferences.

I was mostly happy to nod along and agree with the far more able posters here, who condemned Biden for his abuses of the pardon power. I have no illusions that in the counterfactual world where Kamala Harris was elected president, many more able and interested critics would have taken the stage here and condemned her every abuse of power. But I would say that the forum has been strangely quiet about Trump - not that nothing has been said, but far less than I expected. And so, I felt the need to step forward and make my case, even though I know I am far less well-equipped than some of the posters here.

I'll be the first to say that the end of the American Republic doesn't have to be the end of America. Maybe we'll pull a Rome, and enjoy an empire that will last 300 years or more. (Or perhaps "Empire without end" if we believe Virgil.) I don't pretend to know. But in the moods where I was willing to put on my pragmatic hat, I actually felt like America was a largely functional society that got a number of "big questions" right. We're wealthy, powerful, and our institutions are mostly compatible with a life of flourishing, even if few people make choices that can actually result in flourishing. I was worried about some of the things Obama and Biden did, and wasn't thrilled at many of the things Kamala would likely have done, but I am genuinely worried from a little-c conservative point of view that Trump might actually kill the goose that lays the Golden Egg.

Many of Trump's actions I have no real issue with. Let him have silly symbolic victories like renaming the Gulf of America and Mt. McKinley. Of course, he should be able to use executive orders to dismantle DEI programs that were created with executive orders in the first place. But I would feel a lot better about him dismantling the Department of Education or USAID if he was doing it with Congress by his side, instead of by giving admin access to the spending system of the Treasury to a random citizen. He certainly had the votes and the momentum to create an actual DOGE and give Elon Musk power the right way.

Maybe we'll pull a Rome, and enjoy an empire that will last 300 years or more.

Sorry to completely change the subject, but how is this even a consideration in the age of AI?

I do think that a lot of what Elon is doing here is informed by the desire to create the correct initial conditions at the dawn of ASI. ASI under the control of a totalitarian state would be 1984 brought to life. Thus, the need to destroy statism and increase liberty on a relatively short timeline.

We could still end up in the AI Fizzle world, even if it isn't the most likely possibility. If AI ends up being "just" another industrial revolution, and not a singularity then society will change quite a bit, but it might still bear a family resemblance to our world.

And for powerful enough ASI that we lose control of, or which is unaligned in some way, I don't see how it would make much of a difference whether we are a totalitarian state or a decentralized federation.

And for powerful enough ASI that we lose control of, or which is unaligned in some way, I don't see how it would make much of a difference whether we are a totalitarian state or a decentralized federation.

Presumably, the ASI doesn't have qualia. Its terminal goals are its initial prompting. So, let's say that the AI was programmed with the woke consensus of 2020. It could lead to terrifying realities such as:

  1. Safetyism. Humans are denied any agency and forced to live life according to the goals of a 2020-era HR lady.

  2. Leveling. Humans are denied any beauty or enlightenment beyond which the lowest human is capable of.

  3. Racism. "Evil" humans, as defined by whiteness or maleness, are punished as a terminal goal of the AI

To be fair, these are fairly esoteric concerns. We have no idea which path AI will take us on. But, as we are potentially at an inflection point in history, I think it's important that we bend towards liberty. It's more imperative than ever that statism be destroyed to prevent worse case scenarios.

We could still end up in the AI Fizzle world

Yes, we could. But just because P(doom) < 1 doesn't mean it's not important. At the risk of engaging in Pascal's mugging, even a 1% chance of short term ASI makes it by far the most important issue we will ever face. Personally, I think the odds are closer to 50%.

I feel like your "woke consensus of 2020" ASI would be a problem regardless of whether our governments bend towards liberty or not. All that matters is whether the creators of the ASI bend towards liberty.

The ASI's goals and the governmental constitution/societal culture seem fairly orthogonal to me under most circumstances. If a lone principled libertarian with a meritocracy fetish creates the first aligned godlike ASI, then that's what we'll get, regardless of whether the rest of America started with a woke consensus of 2020 culture. The same goes for almost any combination.