SOBRAN'S -- The Real News of the Month October 2003 Volume 10, Number 10 Editor: Joe Sobran Publisher: Fran Griffin (Griffin Communications) Managing Editor: Ronald N. Neff Subscription Rates. Print version: $44.95 per year; $85 for 2 years; trial subscription available for $19.95 (5 issues). E-mail subscriptions: $39.95 for 1 year ($25 with a 12-month subscription to the print edition); $65 for 2 years ($45 with a 2-year subscription to the print edition). Address: SOBRAN'S, P.O. Box 1383, Vienna, VA 22183-1383 Fax: 703-281-6617 Website: www.sobran.com Publisher's Office: 703-281-1609 or www.griffnews.com Foreign Subscriptions (print version only): Add $1.25 per issue for Canada and Mexico; all other foreign countries, add $1.75 per issue. Credit Card Orders: Call 1-800-513-5053. Allow 4-6 weeks for delivery of your first issue. CONTENTS Features -> Gaining Respect -> Peacetime Notes (plus Exclusives to this edition) -> Jefferson's Disciple -> From Federation to Monolith Nuggets (plus Exclusives to this edition) List of Columns Reprinted FEATURES Gaining Respect (page 1) {{ Material dropped or changed solely for reasons of space appears in double curly brackets. }} A dear and wise friend asks why I persist in associating myself with what are called "right-wing fringe groups" (though he doesn't use this phrase himself). He believes that by doing so I've hurt my reputation and my career. He stresses that he would never suggest that I compromise the truth as I understand it, but he wishes I'd choose my company more carefully. He may well be right. He is a man of deep conviction, who has managed to thrive without the slightest sacrifice of integrity, and I should probably try to follow his admirable example. But I can't. Over the past few years I've addressed many "right-wing fringe groups," of which the most controversial -- no, the most notorious; you're only "controversial" if you have respectable supporters as well as detractors -- are undoubtedly the Institute for Historical Review and David Irving's Real History conferences. I've also spoken to Catholic groups, pro-life groups, libertarian groups, conservative college groups, anti-war groups, neo-Confederate groups, the Council of Conservative Citizens, {{ Shakespeare authorship dissenters, and various other gatherings, }} few if any of which could be called liberal. {{ In February I'm scheduled to speak at the annual American Renaissance convention. }} (Once upon a time I spoke to neoconservative audiences too, and I'd do so again, but for some reason those invitations have pretty much ceased to come.) Liberalism and its cousin, neoconservatism, rely on conservatives who crave respectability to divide the right wing for them. It works like a charm. Once a man (or a group) has been tainted as "extremist," "racist," "Nazi," "anti-Semitic," "Holocaust-denying," or just vaguely "bigoted," the Respectable Conservatives will finish the job. They will faithfully observe and enforce boycott and blacklist, until the right wing has been purged of real enemies of liberalism. The target doesn't have to be a real bigot, of course. But it doesn't matter. Once he's defined as an a priori bigot, nothing he says counts in his favor. In fact he probably won't even be quoted. If he fails to emit flagrantly bigoted words, that just proves that he's a "smooth," "cunning," "urbane" bigot who knows how to conceal his ascribed true nature. ("He can't fool us!") The archtype of the Respectable Conservative is Bill Buckley, who had to work very hard to earn his respectability. After being tarred as a Nazi and crypto-Nazi for many years, he learned to play by the liberal-neocon rules, excommunicating and repudiating not only actual bigots, but libertarians, Objectivists, Birchers, Old Rightists, and other proscribed "extremists." Eventually he {{ managed to scrape off the swastika that had been painted on him. He }} had done enough real damage to the right wing to merit liberal-neocon acceptance, which he gratefully accepted. {{ As a result, he hasn't said anything interesting in decades. I observed the process up close. As a young man, I'd worshipped him. I was outraged when he was smeared by liberals (some of whom later became neocons). But after working for him for ten years I confided sadly to a fellow journalist: "I used to want to be like Bill. Now I dread ending up like him." }} Maybe my friend is right. Maybe I've been excessively defiant. But today the conservative movement is dead, while pretending to have won a war in which it surrendered long ago. Conservatives may not know it, but they are all effectively liberals now. And at least I have the satisfaction of being able to say "they," not "we." Sometimes you have to choose between respectability and self-respect. Peacetime Notes (page 2) {{ Emphasis is indicated by the presence of asterisks around the emphasized words.}} Did anyone foresee that occupying Iraq might be a little harder than defeating it in war? Not the Bush administration, it seems. A real resistance has erupted. "Bring 'em on," said President Bush. The Iraqis were glad to oblige. American and British troops are being killed by snipers; the UN's Baghdad headquarters has been bombed and its chief diplomat killed; a major mosque has also been bombed, and a leading "moderate" ayatollah also killed. The Bush gang calls the resistance (what else?) "terrorism." But only occupation forces, their adjuncts, and collaborators have been targeted. Some might call it "patriotism." * * * Writing in the WALL STREET JOURNAL, brainy Paul Wolfowitz, deputy secretary of whatever and mastermind of the war and occupation, manages to use the word "terrorism" and its variants 15 times. Not to mention "the free world," "extremists," "resolve," and all that. It's a piece of crude agitprop that might shame a North Korean commie hack. It's also a sign of the Bush crowd's desperation. Contrary to all official assurances, the U.S. troops aren't coming home soon, and the seized Iraqi oil assets aren't paying for the operation. * * * Saddam Hussein is apparently still alive, cheering on the resistance from his secret lair. A big help he is. Why doesn't he provide the "terrorists" with those "weapons of mass destruction" we know he has? * * * Is the torch passing to a new generation? The buzz has it that David Brooks of the neocon WEEKLY STANDARD will soon replace William Safire as the "conservative" columnist of the NEW YORK TIMES. And neocon David Frum is rumored to be in line to succeed Richard Lowry as editor of the formerly conservative NATIONAL REVIEW. Can't say I'm surprised. I may soon hold the distinction of editing the last remaining non-Zionist publication in the United States. * * * Twentieth Century Fox, which usually distributes Mel Gibson's films, won't be handling his next one. That would be THE PASSION, Gibson's own reconstruction of the hours leading up to the Crucifixion. Rupert Murdoch, who owns Fox, "doesn't need the aggravation," according to an executive of another studio. The Forces of Tolerance dislike Gibson's old-fashioned Catholicism and charge that the film will incite anti-Semitic violence. Fat chance. More likely they're afraid it will incite conversions to Christianity. * * * To the consternation of liberals everywhere, the U.S. Constitution made a rare appearance when Alabama's Chief Justice Roy Moore defied a Federal court's order to remove the Ten Commandments from a state building. He was duly suspended from office, but not before he'd reminded millions what the Constitution actually means. Thomas Jefferson would have applauded. * * * Let's not lose our perspective when Federal spending, deficits, and the total debt are reckoned in trillions of dollars. Trillions may sound like a lot, but at least we aren't talking about *real* dollars. Jefferson's Disciple (pages 3-6) {{ Emphasis is indicated by the presence of asterisks around the emphasized words.}} The War between the States was both a military contest and a struggle over the American constitutional tradition. The Northern states were led by a president who claimed philosophical descent from Thomas Jefferson, and especially the Declaration of Independence. But the South claimed Jefferson's legacy too. In an 1859 letter Abraham Lincoln wrote, "The principles of Jefferson are the definitions and axioms of free society." He went on: "All honor to Jefferson -- to the man who, in the concrete pressure of a struggle for national independence by a single people, had the coolness, forecast, and capacity to introduce into a merely revolutionary document, an abstract truth, applicable to all men and all times." In a Philadelphia speech in 1861, a few days before his inauguration as president, he said, "I have never had a feeling politically that did not spring from the sentiments embodied in the Declaration of Independence." And in his most famous speech of all, the Gettysburg Address, Lincoln invoked the Declaration's "proposition that all men are created equal." He felt he needed the full authority of Jefferson and his "proposition" to justify making war on the seceding states. When Lincoln appealed to the Declaration, it was always to echo that proposition. Since then countless others have followed his example, citing "equality" as the great central principle of American politics. For many, equality is something not merely to be recognized, but something yet to be *achieved.* The government must not only treat men -- all men, and women too -- as equals; it must *make* them equal. Anything less, we are told, would be a "betrayal" of the "promise" of America. The most ambitious liberals go far beyond Lincoln. They want the government to make people equal in every respect, by constant intervention in educational and economic life, abolishing traditional limits on the authority and power of the state. There is no end to the grand project of equalizing. At times it requires the state to commit the very racial discriminations liberals used to oppose, as long as those discriminations are made on behalf of the putatively "disadvantaged." In a practical sense, nobody knows what equality will mean next. What did it mean to Lincoln? Chiefly, it meant only one thing: that slavery was wrong. The Federal Government had no constitutional power to touch slavery within the states where it already existed, but it must regard it as an evil and prevent its spread into new territories. At the same time, it did *not* mean that the Negro must be the political and social equal of the white man, even in the free states. He supported the harsh black code of his own state, Illinois, denying Negro citizenship. He emphatically favored, and worked for, the "colonization" of free Negroes outside the United States. Even as president, he sought a constitutional amendment to authorize Federal spending to colonize "free colored persons" abroad. Oddly enough, this is one point on which Jefferson and Lincoln agreed. Jefferson believed that slavery was wrong in principle and hoped for its peaceful abolition, to be accompanied by "deportation" of the freed Negroes to Africa. He joined Henry Clay's American Colonization Society toward that end; five other former and future presidents, including Lincoln, also joined, along with two chief justices of the United States, several U.S. senators, and other prominent Americans. It seemed the only hope of getting rid of slavery without creating a permanent racial problem. Otherwise, Lincoln had little in common with Jefferson. Lincoln ignored -- if he was even aware of -- the nuances of Jefferson's political thought. Lincoln had a limited education; Jefferson had an extremely cultivated mind and read Greek, Latin, and French as well as English literature, including the sciences. He had participated in the great debates at the American founding and had a deep knowledge of all the issues at stake. "Four score and seven years ago," as Lincoln understood history, "our fathers brought forth on this continent a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal." This famous sentence drastically abridges and distorts what actually happened, and Jefferson would have repudiated it. First, of course, the Declaration said nothing about a monolithic "new nation." It declared that the 13 colonies were now "Free and Independent States," each having "full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and do all other Acts and Things which Independent States may of right do." Lincoln reduced this to a claim of "national independence by a single people." The Declaration appealed to the republican principle that "all men are created equal," but only as a justification for asserting the states' independence from the hereditary British monarchy. It didn't "dedicate" the states (much less "a new nation") to that principle. There was no hint that the principle might ultimately be applied to slavery; the colonists were quite untroubled by that possibility, if it occurred to them at all. In fact, one of the Declaration's grievances, as Jefferson Davis would later note, was that George III had incited "domestic insurrections" -- slave revolts -- in the colonies. These egalitarians meant to keep their servants! Yet Lincoln contended, in his first inaugural address, that an indissoluble Union had been ratified by the Declaration, and "further matured" in the Articles of Confederation and the Constitution. Here the plain words of the Articles contradict him: "Each state *retains* its sovereignty, freedom, and independence ..." (My emphasis.) That is, the states were independent not only of Britain, *but also of each other.* Because they so clearly affirmed this mutual independence during the Revolutionary War, the Articles may be seen as a second Declaration of Independence. Nobody was more insistent on the constitutional limits of the Federal Government, and on the prerogatives reserved to the states, than Jefferson. Time and again he attacked what he saw as Federal usurpations tending to "consolidation." In 1791 he opposed the creation of a national bank because the Constitution gave Congress no power to do it; in 1798 he anonymously wrote the Kentucky Resolutions, damning the Alien and Sedition Acts on similar grounds; during his first term as president he bitterly opposed John Marshall's claims for judicial review as another attempt to aggrandize Federal power. Jefferson was forever on guard against "usurpations" and "consolidation"; both words are tellingly absent from Lincoln's vocabulary. Later Jefferson would condemn Federal "internal improvements" as lacking constitutional warrant. Such projects were the basis of Henry Clay's ambitious "American System," which Lincoln ardently supported. That Federally funded roads, canals, and (later) railroads might conduce to general prosperity would have cut no ice with Jefferson; at stake was the simple principle on which freedom depended: the Constitution didn't authorize them, and whatever wasn't authorized was forbidden. The Tenth Amendment spelled out the principle that the Federal Government had only the powers "delegated" to it in the Constitution, but that principle was really inherent in the very idea of a written constitution. Jefferson clamped onto this point like a bulldog. He was always suspicious of arguments for "implied powers" of the Federal Government, believing that such arguments could lead anywhere, in time undermining all constitutional limits. So Lincoln's version of the American founding and his claim to be a follower of Jefferson were quite ahistorical The Declaration itself is a secessionist document, and Jefferson himself was a secessionist. He usually used other terms for secession: "separation," "dissolution," or simply "independence." But the issue arose several more times in his life, and each time it did he recognized withdrawal from the Union as a legitimate option of the states, though always one to be taken only reluctantly, as a last resort. In 1816 Jefferson told William H. Crawford, "If any state in the Union will declare that it prefers separation ... to a continuance in union ... I have no hesitation in saying, 'Let us separate.'" On another occasion he confided to Crawford that he wished states favoring "unlimited commerce and war" would "withdraw" from the Union. Jefferson counseled caution and deliberation before taking the step of secession, but he certainly held that secession was legitimate. Thus in 1825 he wrote to William Branch Giles that we should "separate from our companions only when the sole alternatives left, are the dissolution of our Union with them, or submission to a government without limitation of powers. [But] *between these two evils, when we must make a choice, there can be no hesitation."* (My emphasis.) In one of his last public papers, Jefferson wrote that it was better for the states to accede to internal improvements, unconstitutional though they were, than to withdraw from the Union over them. But the form of his argument leaves no doubt of his conviction that leaving the Union is always ultimately within the rights of the people of the states. Though he cherished the Union, unlike Lincoln he didn't idolize it. Jefferson never saw the American people as a single undifferentiated mass or "nation." They were primarily *the people of the states,* in voluntary confederation through the U.S. Constitution. The relation of the people of Virginia to, say, the people of New York was a warm but finally contingent relation; it was real, good, and important, but it might, for whatever the people of any state deemed sufficient reason, be dissolved. The American people existed chiefly in their states. Their political confederation, their Federal Union, was secondary. The Constitution, their contract, laid out the terms of confederation. If those terms were violated, the whole contract might be nullified. This should never be done rashly; as Jefferson wrote in the Declaration, "Prudence, indeed, will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shewn that Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to which they are accustomed." Yet even under the Constitution, Jefferson believed, the states remained "Free and Independent States." They had delegated a few of their powers to the Federal Government, retaining all the rest; and if the Federal Government persistently usurped powers properly belonging to the states, the injured states might properly consider such breaches of the Constitution as dissolving their union with the other states, and declare their independence again. This is a far cry from Lincoln's view of the Union as indissoluble and "perpetual," which would mean that no matter how grossly the Federal Government might transgress its constitutional limits, no state could claim a constitutional right to leave the Union. For Lincoln the Union was forever sovereign over the states, *with or without the Constitution.* Jefferson would have regarded this as a monstrous doctrine, repugnant to the very idea of constitutional government. And of course it isn't to be found in the Constitution itself. The Constitution says nothing about secession, one way or the other. It doesn't say that states may secede; nor does it say they can't, nor does it give the Federal Government any power to prevent secession. Jefferson would presumably say that the principle of constitutional government *presupposes* the right to secede; therefore there is no reason for the Constitution to spell it out. By breaching the Constitution, the Federal Government itself dissolves the Union as the Constitution defines it. Not that actual breaches of the Constitution would be required. Being sovereign, a state might leave the Union for any reason, or for no reason. But the decision to take so grave a step needs at least a moral, if not a legal, justification. In Jefferson's words, "a decent Respect to the Opinions of Mankind requires that they [the separationists] should declare the causes which impel them to the Separation." In 1848, the young Congressman Abraham Lincoln had a truly Jeffersonian moment. "Any people anywhere," he said, "being inclined and having the power, have the *right* to rise up, and shake off the existing government, and form a new one that suits them better. This is a most valuable -- a most sacred right -- a right, which we hope and believe, is to liberate the world." He added that even "any portion" of a population might revolutionize within whatever territory they could control. The "sacred" right extended to secession from an "existing government." By 1860 he had abandoned this view of the "most sacred right," an emphatic echo of Jefferson's declaration. He never fully explained why. That has been left to his worshipful exegetes, who try to impute thorough consistency to all his utterances. As secession occurred and war between the states approached, the wisest Southern leaders, among them Davis and Senator Alexander Stephens of Georgia (who would become Davis's vice president) warned that though the Southern states had every right to quit the Union, it would be imprudent to do so just then. The rich, populous, and mighty North would surely win any war with the South. And with Southern Democrats out of Congress, Republicans would enjoy a monopoly of political power in the Union. The Cassandras were exactly right on both counts. The North had huge material advantages in wealth and population, and Lincoln, with his compliant Republican Congress, was quite uninhibited by the Constitution he said he was trying to "save." Lincoln willfully confused saving the Union -- by force, if necessary -- with upholding the Constitution. His oath of office required him to do the latter. It did not require him, or even authorize him, to prevent secession, much less to do so by assuming new executive powers. His predecessor, James Buchanan, had taken the position that secession was a violation of the Constitution, but that he had no constitutional power to stop it. Once in power, Lincoln claimed unheard-of emergency powers. Briefly, he defined secession as insurrection, raised troops and money on his own initiative without summoning Congress, suspended habeas corpus, arbitrarily arrested thousands of dissenting citizens and shut down anti-war newspapers throughout the North, and even arrested state legislators and local officials who refused to support his war. Secession, or even verbal support for secession, became treason. Lincoln's brainiest apologist, Harry V. Jaffa, remarks, "No president before him had ever discovered the reservoir of constitutional power contained within [the] presidential oath." All these measures, according to Lincoln, were entailed by the proposition that all men are created equal. As the seceding states were conquered, Lincoln replaced their elected governments with puppet military governments answerable to him. This dictatorship was wholly unconstitutional, of course; yet Lincoln insisted that the Northern cause was "self-government." And in the event of a Southern victory, self-government would "perish from the earth." It's hardly necessary to ask what Thomas Jefferson would have thought of all this. For Lincoln, the views Jefferson had expressed would have marked him as a traitor, an enemy of the United States. The Sage of Monticello would have been utterly astounded to hear Federal tyranny justified in the name of his Declaration. Far from being Jefferson's legitimate disciple, Lincoln has bequeathed an anti-Jeffersonian legacy. His own champions say as much, though without realizing it. Jaffa's "reservoir of constitutional power," which Lincoln "discovered," is actually an egregious example of the "implied powers" Jefferson feared would result from a lax reading of the "necessary and proper" clause of the Constitution, as in his National Bank dispute with Hamilton -- except that Lincoln went much further than Hamilton ever did. Since the Civil War, and especially since the New Deal, the idea of "implied powers" has enabled the Federal Government to claim and exercise innumerable powers never delegated in, and alien to, the Constitution. Most of the government's present powers are claimed under congressional authority to "regulate commerce" among the states. In the same spirit, the U.S. Supreme Court has found countless implications, hitherto unsuspected, issuing from the application of the Fourteenth Amendment to the Bill of Rights. These implications are typically said to be contained in the clauses of the Constitution bestowing, rather than limiting, Federal power. Meanwhile, the clauses that prescribe boundaries on that power are interpreted narrowly, if they are acknowledged at all. So, for example, the "right of the people to keep and bear arms" is barely noticed, let alone read expansively, by the Federal judiciary. The same is true of property rights. The Tenth Amendment, far from casting penumbras of inhibition on Federal powers, has been reduced to a trivial truism, meaning only that the states may have those powers that the Federal Government doesn't choose to assume for itself. In short, states now have all their powers only by permission of the Federal Government. This is exactly what Jefferson and others meant by "consolidation." Federalism has effectively ceased to exist, and the states are powerless to restore it. That is the final constitutional result of the War between the States. Jefferson's revolution has been reversed; it is nonsense to speak of "Free and Independent States" now. Lincoln achieved what the historian James M. McPherson admiringly calls "the second American Revolution." George Fletcher credits him with creating a second Constitution. Both are right, though both shrink from admitting the obvious corollary: that it was Jefferson Davis and the Confederacy who were fighting for the principles of the *first* American Revolution and the *original* Constitution. Lincoln can be blamed for a whole tradition of selective constitutional interpretation, which allows the Federal Government alone to decide authoritatively what the Constitution means. This too is precisely what Jefferson, in the Kentucky Resolutions, warned against. He saw that it must eventually end in boundless Federal power. But that, of course, is just what recommends it to the voracious Federal Government. Today few Americans sense anything amiss in allowing *Federal* courts to define *Federal* power; the courts are assumed to be impartial arbiters in cases where their own vested interests are at stake! Lincoln's constitutional victory -- essentially, a victory over Jefferson -- is by now nearly complete. A president's "greatness" is now reckoned chiefly by his success in increasing the power of his office and of the Federal Government as a whole. By this measure, Lincoln and Franklin Roosevelt are regularly deemed the "greatest" American presidents for their ability to surmount constitutional obstacles (or should we say the obstacle of the Constitution?); with honorable mention to Theodore Roosevelt, Woodrow Wilson, and Lyndon Johnson. Not that Jefferson himself was constitutionally immaculate. As president, his resolve to uphold the Constitution weakened when Napoleon Bonaparte offered to sell him a huge swath of North America for less than $15 million. After a feeble attempt to amend the Constitution to legitimate the purchase, he grabbed the deal. Thanks to Lincoln, history has forgiven Jefferson. Few Americans remember, much less comprehend, what he actually said, and his revolutionary philosophy is now considered reactionary. The crowning irony is that Jefferson's greatest single breach of the Constitution is now remembered as his greatest presidential achievement. NUGGETS LIBERAL DEATH WISH: As expected, the state of Florida has executed Paul Hill for killing an abortionist and his bodyguard. The usual suspects -- those left-libs who condemn capital punishment as "legalized murder" -- were strangely quiet about this one. After all, Hill's crime was especially heinous: it threatened the precious constitutional right of legalized murder. (page 8) HISTORICAL PERSPECTIVE: Just how intolerable was the tyranny of King George III? Well, in 1764, according to Paul Johnson's HISTORY OF THE AMERICAN PEOPLE, "an Englishman paid an average 25 shillings a year in taxes, a colonial only sixpence, one-fiftieth." Just think: if we hadn't won our independence, we might still be paying at those rates. (page 9) WHEN HATE IS OKAY: Why is otherwise tolerant progressive opinion so judgmental about homophobia? Can't they understand that the Good Lord made some of us homophobic, and he loves us the way we are? (page 10) MOVE OVER, SHAKSPERE, YOU'VE GOT COMPANY: France now has its own version of anti-Stratfordianism. Dominique Labbe, a French literary scholar, has caused a national uproar by arguing that the great comedies ascribed to Moliere were actually written by Pierre Corneille. (page 11) Exclusive to the electronic version: CAREFUL WHAT YOU WISH FOR DEPT.: Of course we Americans wanted self-government, but did we really want quite so much of it? REPRINTED COLUMNS (pages 7-12) * Quagmire in the Sun (August 19, 2003) http://www.sobran.com/columns/2003/030819.shtml * Abe's Pig (August 21, 2003) http://www.sobran.com/columns/2003/030821.shtml * The Living Dollar (August 26, 2003) http://www.sobran.com/columns/2003/030826.shtml * He Had a Dream (August 28, 2003) http://www.sobran.com/columns/2003/030828.shtml * Unfair, Unbalanced, and Very, Very Funny (September 2, 2003) http://www.sobran.com/columns/2003/030902.shtml * Bad News from Iraq (September 4, 2003) http://www.sobran.com/columns/2003/030904.shtml ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ All articles are written by Joe Sobran You may forward this newsletter if you include the following subscription and copyright information: Subscribe to the Sobran E-Package. See http://www.sobran.com/e-mail.shtml or http://www.griffnews.com for details and samples or call 800-513-5053. Copyright (c) 2003 by The Vere Company -- www.sobran.com. All rights reserved. Distributed by the Griffin Internet Syndicate www.griffnews.com with permission. [ENDS]