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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.

There was plenty of complaining about it. As someone who dislikes both the left and the right, I am not impressed by "the Democrats did bad thing X, so now the Republicans should also get to do bad thing X" arguments. I'd rather that nobody did bad thing X, if X is actually bad.

It's fair that you complain. But, let's be honest, 99% of the complaining is not coming from principled libertarians. It's coming from totalitarian statists who are mad that their toys are being taken away.

Suddenly, when their 300k per year no-show job is under threat, they rediscover the Federalist Papers.

I'm not a libertarian either, and I also didn't like seeing the expansion of executive powers under Obama, or much of anything that Biden did.

Mostly what I see here is arguments over who smashed the Defect button first. If we can't get back to a stable equilibrium where everyone isn't choosing Defect, then whatever America becomes, it will just be wearing labels like "Democracy" and "Republic" as skinsuits. (I'm aware some people believe this is already the case. But if you're an accelerationist who thinks we should just abandon the pretense and make Trump God-Emperor, then I'm not interested in your opinions about executive authority.) There is very little Trump can do that a succeeding Democratic administration can't undo (except perhaps fix it so there can never be another Democratic administration - is that what you are actually hoping for?), and of course, they will continue following precedent and the next Democratic president will act even more like a monarch. Everyone cheering for Trump and Musk now will be outraged - outraged! - at this abuse of power and violation of norms.

Yes, a lot of the people outraged today are hypocrites who thought it was just fine when Obama and Biden were abusing their authority. So what? Do you think it's actually bad for presidents to do this, or do you think it's only bad when it's not the president you voted for? If the former, then what do you expect to be the outcome of each president being encouraged by his supporters to expand his powers? That your party will be in power forever so it's okay?

I guess I should say here that I am very much in a "Wait and see" mood right now. As I said before the election, I don't think Trump is going to be a good president, but I'm willing to be proven wrong, and I am enjoying the leftist convulsions. However, the President can't just abrogate the powers of Congress and decide (or delegate to Elon Musk to decide) which pieces of the federal government he'd like to keep and which pieces he'd like to do away with. (And if you are saying "Yes he can!" and triumphantly quoting Andrew Jackson, well, see above. Better lube up for when the Democrats return to power. And Andrew Jackson also ran a notoriously corrupt spoils system, in which federal employment was explicitly conditioned on party loyalty and when your party lost an election, you lost your job. This obviously created undesirable incentives, and led to the civil service reforms some are so eager to dismantle.)

On a slightly more pedantic point, I see a lot of people talking about "$300K laptop jobs." No government worker makes $300K - even the top of the SES pay scale is capped at around $250K, and the GS workers (with or without laptops) are making far less. If you mean NGO workers, maybe some of their executives make that much, but the peons who are mostly the ones losing their jobs don't. Lobbyists, lawyers, and contractors, though? Sure, and oddly enough, I don't see many of them losing their jobs yet.

(except perhaps fix it so there can never be another Democratic administration - is that what you are actually hoping for?)

I feel I should point out that there's a middle-ground here: specifically, "fix it so that SJ is a political non-starter" such that there might be another Democratic administration but it wouldn't get there without abandoning SJ (and then wouldn't want to roll all of it back).

The most obvious, rapid and permanent way to do that ("start WWIII, laugh as the Blue Tribe burns"), I'm decidedly against, at least assuming there's no proper reason for one. The subtler methods I'm less sure about; dismantling the SJ lock on academia-as-gatekeeper-of-the-middle-class I'm fervently in support of, while extreme measures like e.g. bringing back sodomy laws and stripping the vote from those that break them I'd oppose.

I feel I should point out that there's a middle-ground here: specifically, "fix it so that SJ is a political non-starter" such that there might be another Democratic administration but it wouldn't get there without abandoning SJ (and then wouldn't want to roll all of it back).

Do you really think "SJ" is the biggest problem? Are you putting every single disagreement about how society should operate under that umbrella? Trans issues and DEI make the most noise in politics today, but I really do not think they are actually the biggest problems facing the country, and while 90% of discussion on this forum is about culture war issues, it is, as always, the economy, stupid. (A quote- not actually calling you stupid.) We're trillions of dollars in debt, facing major issues from cans that have been kicked down the road for decades, we've got China and Russia and maybe WWIII, and AI that may or may not be civilization-threatening issues on the horizon - all of these things, IMO, are more important than the "SJ" stuff we like to argue so much about here.

I'll also note that several people replied to me saying, basically, "You're ridiculous for suggesting two sides compromise and work together, that just means one side unilaterally disarms (because the other side is evil)." But when you say "make SJ a political non-starter" - as much as I personally think most SJ stuff is a distraction, it's a major plank for Democrats, so you're just saying they should unilaterally disarm (i.e. abandon all the things they stand for). Sure, it's nice to dream your opponents will abandon all the goals you don't like and focus on the things you care about.

Among your solutions, I agree (obviously) that WWIII (or American Civil War II) would be bad. Likewise a reTVrn to sodomy laws (and repealing the 19th Amendment, and expelling the Jews Edward I-style, etc.) Dismantling the "SJ lock" on academia I'd be in favor of, which is why (I whisper so my friends in academia don't hear me) I'm not entirely against abolishing the DOE, though I'm not sure the bull-in-chinashop way Trump and Musk are going about it is legitimate (or legal). But I really don't think breaking woke hegemony in academia, even if it can accomplished, is our biggest issue. It just makes lots of Red Tribers cheer and forget about the more pressing economic issues that affect them more.

We're trillions of dollars in debt, facing major issues from cans that have been kicked down the road for decades, we've got China and Russia and maybe WWIII, and AI that may or may not be civilization-threatening issues on the horizon - all of these things, IMO, are more important than the "SJ" stuff we like to argue so much about here.

Not disagreeing (I'm on record as saying I'd vote for our SJ party if they had word one about civil defence), but SJ (and the reaction to it) seems to be what's driving the polarisation, which is AFAICT what you were discussing.

But when you say "make SJ a political non-starter" - as much as I personally think most SJ stuff is a distraction, it's a major plank for Democrats, so you're just saying they should unilaterally disarm (i.e. abandon all the things they stand for). Sure, it's nice to dream your opponents will abandon all the goals you don't like and focus on the things you care about.

I'm not making any demands. I'm pointing out that there are levers Trump/Vance 2028/the Republicans have access to that might alter political demographics* such that it's impossible (or at least vastly more difficult) to assemble a winning coalition while holding to SJ, and thus such that the Democratic Party will have to either jettison SJ or keep losing (and of course I defend their right to pick either), which is a third option omitted by your previously-proposed dilemma of "either set up a one-party state or get everything rolled back later". I agree with pulling some of those levers (the academia one is particularly justified, IMO, as this seems more like "undoing creepy enemy social engineering" than like "doing creepy social engineering in its own right", and the lever Elon Musk already pulled of "buy and uncensor Twitter" seems to have gone pretty well) and not with pulling others, but either way I have essentially no input into which ones the Republicans including Trump do and do not pull.

*To quote B5, "I'll tell you something, my friends, the world is changing every day. The only question is, who's doing it?"; people do change their minds, people do get born or immigrate and start voting, people do die or emigrate and stop voting, and the state of the public square and the education system and the immigration system affect all of those.

Do you really think "SJ" is the biggest problem?

It's certainly extremely pervasive. And by instituting political tests for various positions (such as university faculty, lawyers, doctors) it is a major long term problem. Maybe not the biggest, but very big.

But when you say "make SJ a political non-starter" - as much as I personally think most SJ stuff is a distraction, it's a major plank for Democrats, so you're just saying they should unilaterally disarm (i.e. abandon all the things they stand for). Sure, it's nice to dream your opponents will abandon all the goals you don't like and focus on the things you care about.

if the Republicans had the re-institution of Jim Crow as a platform plank, would you not insist they abandon it?

if the Republicans had the re-institution of Jim Crow as a platform plank, would you not insist they abandon it?

I can't insist they do anything, but it would make me even less likely to vote Republican. Do you think everything that can be categorized under the umbrella of "SJ" is equivalent to reinstituting Jim Crow laws? The way people use SJ here seems to refer to liberalism, writ large. "Criminalize leftism" is literally a position I know at least one poster explicitly advocates (and many others clearly would endorse) but it's dumb to suggest that liberals would seriously consider this proposal. A more appropriate analogy would be me "insisting" the Republicans abandon social conservatism. As a liberal I might like that, but it's dumb to think it's a serious proposition.

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