SOBRAN'S -- The Real News of the Month December 2004 Volume 11, Number 12 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: 703-255-2211 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 -> Thou Shalt Not Vote -> Notes on the Aftermath -> Humor in Chesterton -> Lincoln's Latest Defender Nuggets (plus electronic Exclusives) List of Columns Reprinted in This Issue FEATURES Thou Shalt Not Vote (page 1) Now that the dust has settled, the meaning of the 2004 election is clear: I won. Late in the campaign, I canceled my write-in campaign and asked my supporters not to vote at all. I announced I would claim every abstention as a virtual vote for me. The result wasn't everything I'd hoped for, but it was decisive enough. Naturally I aspired to win a majority, but a slightly higher than usual number of eligible voters cast their ballots: around 60 per cent, about evenly divided between George W. Bush and John Kerry. That left me with a roughly 40 per cent plurality. I'll take it. In all humility, I can't take it personally. Some of those who abstained from voting had never even heard of me. That's all right. The important thing is that they didn't vote. They have no faith in government or in the false claims and promises of democracy. I don't seek power for myself; I seek its widest possible dispersion through the dismantling of the state. Of course Bush has been declared the winner, since the democracy doesn't recognize abstention as an expression of the will of the people, even when the great majority decline to vote. It interprets all votes as votes for the state, but doesn't count abstentions as rejections of the state. The allegedly impartial news media regularly show their real partiality -- partiality to the state -- by lamenting low voter turnout as a collective sin of "apathy," and many nonvoters are furtive and sheepish about their alleged "failure" to show up at the polls. But the choice to abstain is an honorable one: It signifies a refusal to participate in the crass and corrupt business of power. Those of us who refuse to vote should be positive, not shy, about it. The refusal to participate in politics is not a dereliction of civic duty, but an acceptance of it. When enough nonvoters affirm this, openly and defiantly, the politicians will begin to get the message, the state will lose its authority, and liberty will be the victor. It's a remarkable fact that "politician" and "politics" have become disreputable words in democracies. So why are those who elect politicians supposed to be acting virtuously? Shouldn't voting be seen, on the contrary, as a shameful act? Everyone understands that elections don't give us selfless public servants; they give us self-serving, often cynical and venal rulers, whose interest, as Hans-Herman Hoppe points out, is to loot the public treasury in the time allotted to them. The system encourages voters to play the same game, what Frederic Bastiat called "organized plunder," in which "everyone tries to live at the expense of everyone else." It's taken for granted that old voters, for example, will vote for candidates who promise them benefits paid for by younger, and even unborn, taxpayers. This ignoble game corrupts all the players, and the longer it goes on the worse it gets. The honorable and rational thing to do is to refuse to play, until those who do are embarrassed to admit it. Notes on the Aftermath (page 2) Dealing with the Democrats' debacle, Senator Barbara Boxer explained that America isn't yet "ready" for sodomatrimony. A world of meaning in that "ready": The idea isn't wrong, immoral, unnatural, or crazy -- just, you know, a bit premature. The Dems mean to keep pushing it until the country wearies of resisting it and the courts do their stuff. * * * At the same time, the Democrats insist that they too have "moral values." After all, they say, peace and fighting hunger are matters of morality, aren't they? Well, of course they are -- but that's not quite what we're talking about here. For a generation now, the Democrats have been on the side of =discarding= Christian sexual morality, while treating its supporters as mere bigots. They pretend to compensate for this by advocating a "social gospel," summed up in the great progressive commandment "Give all that thy neighbor hath to the poor." * * * One uncovered story of the 2004 campaign was John Kerry's claim to be a faithful Catholic. Apart from his public position on abortion, it came down to whether his first marriage had been properly annulled and his second solemnized by the Church. Well, now we have the answer: According to the archbishop of Boston, Sean O'Malley, who would surely know, neither is the case. Bear in mind that an annulment isn't supposed to be like a quickie Reno divorce, frivolously dissolving a marriage; it's supposed to be a careful finding that the marriage was never validly contracted in the first place. Such findings, in order to be warranted, must be rare. These days, they notoriously aren't. Yet Kerry didn't even bother trying to get one. We've been spared our first bogus Catholic president. * * * Garry Wills sees the election as "Bryan's revenge" for the 1925 Scopes trial, in which William Jennings Bryan's fundamentalism took it on the chin. Writing in the NEW YORK TIMES, Wills laments that "many more Americans believe in the Virgin Birth than in Darwin's theory of evolution," hence Bush's regrettable victory. Come again? Can this be the same Garry Wills whose recent book WHY I AM A CATHOLIC, while rejecting many papal claims and teachings, reaffirmed the Apostles' Creed (including "born of the Virgin Mary")? Good old Garry. Why doesn't he just repudiate the whole Creed, and get it over with? * * * This has been a bad year for the neocons. Even fifth-graders now know the Iraq war was their pet cause. It's amusing, and encouraging, that their bete noire Patrick Buchanan has written a bestseller, HOW THE RIGHT WENT WRONG, about their calamitous takeover of the Bush administration and the conservative movement (reviewed in our October issue). The neocon press won't even review it; it's simply unanswerable. Even in attacking it they'd have to quote it, which would mean quoting their own embarrassing words. * * * This fall we were spared a season of unrelieved politics when the Boston Red Sox made the most astounding comeback in baseball history, roaring back from a 3-to-0 deficit against the mighty New York Yankees with four straight victories, then immediately beating the even mightier St. Louis Cardinals in four straight. After 86 years of frustration, history owed the Sox a miracle. Even their own fielding blunders couldn't stop them. Humor in Chesterton (pages 3-4) We're always being told that laughter is good for us -- good for our mental and even physical health, as if humor were a drug to be prescribed, like Prozac. Comedy has actually become a sort of separate industry, with its own cable television network. Apparently humor has become a thing so distinct from the rest of American life that it has to be bottled, so that we can make time for it in our schedules. To my mind, humor has always seemed inseparable from sanity itself, something built into our sense of reality rather than superadded to it. God made things funny. He made us to laugh as well as to reason. That is part of what it means to be made in God's image. Only creatures with lungs and immortal souls can laugh. My favorite controversialist, G.K. Chesterton (1874-1936), is known as a great humorist (as well as a man of letters and Catholic apologist). But unlike most humorists, he never seems, to me at least, to be trying to be merely funny; he is trying to tell the truth as robustly and vividly as possible. In a way, his seriousness of purpose is what gives his humor its power. His jests (why, by the way, has this fine old word fallen into disuse?) demand thought; they also reward it richly. He brings a joyous spirit of sport to religious debate. His most serious writing on the most sacred subjects can be, without warning, explosively funny. In ORTHODOXY, his great defense of Christianity, he suddenly says of a well-meaning socialist, "Mr. Blatchford is not only an early Christian. He is the only early Christian who ought really to be eaten by lions." Even Mr. Blatchford must have roared at that. This is one trait of Chesterton's humor: his lack of malice. He rarely attacks; you almost feel that his jokes are chiefly intended to amuse his targets, to share with them his own amusement, not to isolate them from his other readers. His humor even seems a form of charity. One of his favorite targets was Bernard Shaw; it's typical of both of them that they were always warm friends. Chesterton's orthodoxy has worn better than Shaw's "progressive" views, which have become banal. Their friendly rivalry was portentous; by now Shaw's supposedly advanced opinions, on everything from eugenics to free love to socialism, have been tried, with baneful or disastrous results; whereas Chesterton's Catholic views, though vindicated by time, remain unfashionable. He genially defended most of the ancient things Shaw satirized. (He once quipped that birth control involves neither birth nor control; and even Shaw might have qualms about schools handing out condoms to children.) Chesterton isn't above a joke for its own sake, of course; some readers find his wordplay tedious. I must say that there are times when he loses me; he can be not only tedious but, I'm afraid, quite obscure, and I don't know whether he's writing mysticism beyond my comprehension or mere nonsense. I prefer to think I haven't yet reached his depths. But for the most part, his wit is aimed at making us recognize truth in a way that logical argument alone can't do. He is a greater master of the English epigram than Oscar Wilde himself, because his witticisms are so much more profound and prophetic than Wilde's. Not all of them are funny; some of them sum up deep reflection: "The old tyrants invoked the past; the new tyrants will invoke the future." He said that more than a century ago, and it will serve as a remarkably accurate prediction of twentieth-century history. The recent eruption of jingoism in this country recalls Chesterton's great observation, "The real American is all right. It is the ideal American who is all wrong." He abounds, almost dizzyingly, in such remarks: "In one point I do certainly think that Victorian Bowdlerism did pure harm. This is the simple point that, nine times out of ten, the coarse word is the word that condemns an evil and the refined word the word that excuses it." Again: "The morality of a great writer is not the morality he teaches, but the morality he takes for granted." Long ago he noticed that "toleration ... actually results in timidity. Religious liberty might be supposed to mean that everybody is free to discuss religion. In practice it means that hardly anybody is allowed to mention it." Probably no English writer since Shakespeare has surpassed Chesterton's gift for condensed expression. As with Shakespeare, it's tempting to quote him incessantly, since nothing you say about him can rival his own eloquence: "For under the smooth legal surface of our society there are already moving very lawless things. We are always near the breaking-point when we care only for what is legal and nothing for what is lawful. Unless we have a moral principle about such delicate matters as marriage and murder, the whole world will become a welter of exceptions with no rules. There will be so many hard cases that everything will go soft." Only Chesterton could have topped "a welter of exceptions with no rules" with a brilliant pun. Chesterton's incredibly fertile humor is as inseparable from his style as his syntax. It's essential to his total tone. He is always alive to the latent comedy of a situation, the incongruity of his opponents' positions, the self-contradictions of false philosophies. For him, error is not only wrong, it's uproarious. If you press it hard enough, its absurdity will inevitably be revealed. Truth itself begets humor. Chesterton himself explains why, in his roundabout preface to THE PICKWICK PAPERS: To the vulgar Bible-debunker, he says, it seems preposterous to say that God created light before the sun, that "the sun should be created before the sunlight.... To many modern people it would sound like saying that foliage existed before the first leaf; it would sound like saying that childhood existed before a baby was born." To this Chesterton retorts with a "Platonic" reason: "The idea existed before any of the machinery that made manifest the idea. Justice existed when there was no need of judges, and mercy existed before any man was oppressed." He then brilliantly attacks the "low priggish maxim" that "a man should not laugh at his own jokes. But the great artist not only laughs at his own jokes; he laughs at his own jokes before he has made them. In the case of a man really humorous we can see humor in his eye before he has thought of any amusing words at all. So the creative writer laughs at his comedy before he creates it, and he has tears for his tragedy before he knows what it is.... The last page comes before the first; before his romance has begun, he knows that it has ended well. He sees the wedding before the wooing; he sees the death before the duel. But most of all he sees the color and character of the whole story prior to any possible events in it." Such is Chesterton's defense of his beloved Dickens. It also describes the way he himself brings a sense of the ludicrous to every error he refutes. If it's wrong, it must also be funny. Humor, like light, is inherent in the nature of things. He likewise defends Dickens against the charge of having no taste: "[He] really had, in the strict and serious sense, good taste. All real good taste is gusto -- the power of appreciating the presence -- or the absence -- of a particular and positive pleasure." Chesterton has good taste to a superlative degree; an almost universal gusto and gift for expressing his many appreciations, with wit, imagery, lightning logic, metaphor, analogy, puns, alliteration, inspired phrasing, fresh twists on old sayings, and a good bit of sheer whimsy. Writers are a notoriously jealous lot, but probably no author has praised so many other authors as generously as Chesterton has. And who else would have had the subtlety to praise Shaw this way: "With a fine strategic audacity he attacked the Censor quite as much for what he permitted as for what he prevented"? Every time I try to track down a saying of Chesterton's I especially treasure, I find myself distracted by dozens of others, equally fine. "Most men now are not so much rushing to extremes as sliding to extremes; and even reaching the most violent extremes by being almost entirely passive." "If there were no God, there would be no atheists." "The Catholic Church is the only thing which saves a man from the degraded slavery of being a child of his age." Above all, Chesterton refused to be "a child of his age." His humor was a mode of his detachment from the modern world and its fashions. It's said that a mark of the saints is their hilaritas, and in Chesterton's inexhaustible hilarity we find something akin to sanctity. He saw that error naturally leads to comic as well as tragic extremes; he also saw where truth leads -- to health and holiness. I close with two of Chesterton's most profound remarks, which are stunning rather than amusing. One, from ORTHODOXY, states the doctrine of the Incarnation better than I've ever seen it stated outside Scripture: "Christianity is the only religion on earth that has felt that omnipotence made God incomplete. Christianity alone has felt that God, in order to be wholly God, must have been a rebel as well as a king. Alone of all creeds, Christianity has added courage to the virtues of the Creator." The other, from THE EVERLASTING MAN, makes short work of the notion that Christ's words are outdated: "Whatever else is true, it is emphatically not true that the ideas of Jesus of Nazareth were suitable to his time, but are no longer suitable to our time. Exactly how suitable they were to his time is perhaps suggested in the end of his story." These are heart-stopping words. Only the greatest of humorists could say things so witty, yet so far beyond mere laughter. For Chesterton, humor points to something that transcends mirth: the divine mystery itself. Lincoln's Latest Defender (pages 5-6) Like the Confederacy, the Union cause still has its die-hards. The issues at stake in the War Between the States come up even today in the U.S. Supreme Court, with Justice Clarence Thomas, of all people, reviving arguments once made by Jefferson Davis. Of the neo-Unionists I've read, the best by far is Professor Daniel Farber, who teaches law at Berkeley and the University of Minnesota. His recent book, LINCOLN'S CONSTITUTION (Chicago), makes a strong but ultimately flawed case against the right of states to withdraw from the Union, as well as a weaker case that Lincoln acted constitutionally in suppressing the South. Secession and its suppression are separate issues, and it's typical of Farber that he carefully keeps such questions distinct in this learned, informative, valuable book. He reminds us, for example, that President James Buchanan, Lincoln's predecessor, thought both that secession was unconstitutional and yet that the Union had no constitutional authority to prevent it. The U.S. Constitution is silent on the subject. Lincoln tried to solve this problem by equating secession with "insurrection," which Congress, in Article I, Section 8, is authorized to "suppress." But it's surely odd, as Farber sees, to say a state can commit insurrection against a confederation by peacefully withdrawing from it. Fort Sumter conveniently gave Lincoln a pretext for claiming that the Southern secessions amounted to violent rebellion (though most of the secessions occurred long before Sumter was fired upon). May the Union invade the states? The Constitution doesn't provide for it, and doesn't even contemplate it. To the contrary, Article IV, Section 4 seems to imply otherwise: "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence." These words hardly suggest that the Union itself may commit invasion; and, as Farber notes, the Southern legislatures weren't about to invite Union troops in! In his first inaugural address, Lincoln repeated his party platform's condemnation of "the lawless invasion by armed force of the soil of any state or territory, no matter under what pretext, as among the gravest of crimes." Strong words -- but note the fatal word "lawless." Slick Willie had nothing on Honest Abe. Everything depends on whether the states were still "sovereign," as the Articles of Confederation said flatly, though the word was absent from the Constitution; and if not, on whether the Union was authorized to use force against them if they tried to withdraw. And finally, there was the practical question of human cost: was the prevention of secession worth the enormous violence of the war? Ignoring the Articles and other documents, Lincoln insisted that the states had "never" been sovereign. Hence, he had the right to "save the Union" by force, though it meant making war on the Southern states. For Lincoln, invading them wasn't "lawless" invasion, and he didn't need an invitation. Nor did the bloodshed deter him; he was willing to starve civilians in order to win, if that was what it took. Farber is much fairer than Lincoln was to the arguments for secession. Delving deeply into sources with which Lincoln was barely acquainted, he carefully weighs the words of Alexander Hamilton, Thomas Jefferson, James Madison, John Marshall, and others on both sides, showing that the question of secession had divided even the Founders of the American Republic. Many of those who composed and favored the Constitution thought, or hoped, it would mean the end of the state sovereignty proclaimed in the Articles, but they rarely if ever said so publicly. If they had, it's a cinch that ratification would have failed. The pro-Constitution Federalists tried, to the point of disingenuousness, to soothe misgivings about the status of the states. And so, as Farber says, "the precise nature of sovereignty under the Constitution was never quite specified." He examines the "complex and ambiguous" question with subtlety and discrimination. But it's surely significant that the anti-Federalists spoke openly, even fiercely, about the topic, while the Federalists kept a cagey silence about it. "In the end," Farber writes, "one fact [about the war] is crucial. It was the Confederacy that fired the first shot." Here, for once, Farber is a bit obtuse. That shot precipitated the war, but it didn't affect the principles involved, except to confuse them in the minds of passionate men. If the states had the right to secede, they had the right to drive Union troops out of their territories; but if not, not. When all is said, the states were =states,= not provinces. The very word implies sovereignty, just as a confederation implies voluntary association. As Jefferson Davis would argue, sovereignty couldn't be surrendered by mere implication. So profound a change in the status of the states -- essentially, the abolition of their very statehood -- would have had to be spelled out, and it wasn't. Farber makes a plausible case against the "exit option," as he calls it, but he fails to surmount the historical facts. Anti-Federalist opponents of the Constitution had argued vehemently that its adoption could lead only to "consolidated" government and the destruction of the states' independence. Though this is just what finally happened, they didn't contend that the Constitution itself destroyed state sovereignty; only that this would be its natural consequence. State sovereignty might formally survive for a while, but not for long. So even the Constitution's most fervent opponents didn't accuse the document itself of =abrogating= state sovereignty, even if that would be its result. "If given their full scope, the anti-Federalists realized, these [new Federal] powers might well eclipse any real sovereignty on the part of the states," as Farber puts it. Farber recognizes that Lincoln took liberties with the Constitution -- assuming the authority not only to invade states, but to defy court orders, to suspend habeas corpus, to raise an army, to close newspapers, and more, all without consulting Congress -- but he finds most of these steps justified by circumstances; and besides, as he points out, Congress finally ratified most of them. This won't do. The fact remains that Lincoln violated the Constitution he was sworn to uphold (his oath of office says nothing about "saving the Union") and usurped powers of Congress. The fact that Congress (which, after the Democrats left, was a Republican Congress) later went along with him is no excuse for what he did. Granting that Lincoln faced an unprecedented crisis, if so many unconstitutional measures were necessary to "save" the Constitution, that fact is itself strong evidence that Lincoln was wrong. It seems unlikely on its face that he could have been right as often as Farber (let alone his more rabid defenders) says he was. Lincoln was a brilliant courtroom lawyer and a rhetorician of genius, but his knowledge of constitutional law and history was thin; he apparently never even read THE FEDERALIST PAPERS! It's not necessarily wrong to claim implied powers from those specifically granted in the Constitution; but most of those Lincoln asserted were derived from a power =not= granted -- the power to "save" the Union from secession. When supposedly "implied" powers collide with the text, it's time to retrace one's steps; which Lincoln didn't do. And Farber never challenges Lincoln's repeated assertion that secession would "destroy" (rather than merely diminish) the Union. Farber admits that Lincoln's assaults on free speech and the press are hard to defend (though he thinks they did little real harm) but he fails to mention some of Lincoln's most flagrantly illegal acts. Imposing military governments on defeated Southern states is impossible to square with "guarantee[ing] to every State ... a Republican Form of Government." Moreover, Lincoln ordered the arrests of dozens of elected officials in Maryland, including the mayor of Baltimore and dozens of legislators, then used Union troops to prevent suspected secessionists from voting in the next election! This in a war to ensure "a new birth of freedom" and to make sure self-government wouldn't "perish from the earth." What about the total horror of the war? Positing Lincoln's duty to save the Union by crushing secession, Farber excuses him on grounds that he had no way of knowing how bloody the war would get. But by the end of 1861 it was clear that both sides had been wrong to expect a short, easy war. It was going to be a long, bitter one, and it was going to be fought almost entirely in the South. Lincoln absurdly said that the South was trying to "conquer" the North, a physical impossibility. True, the South fired the first shot; but it fired it, after all, in South Carolina. Finally, the simplest prima facie evidence that Lincoln was wrong is the Union today. A Federal Government that spends, and runs up debt, in the trillions of dollars would have made even Hamilton swallow hard. (We may doubt whether any of the Founders ever had occasion to use the word "trillion," or even "billion," in his entire life.) The unlimited, uncontrolled, centralized, and consolidated state the anti-Federalists feared has come to pass. It grabs new powers at whim, rarely bothering to ask whether these have constitutional warrant. LINCOLN'S CONSTITUTION is a better book than Lincoln deserves. Farber generously gives his half-educated views too much credit. Apart from the moral and material harm of his war, Lincoln's fancied "implied" powers have proven a terrible precedent for asserting countless legal powers where, in fact, none exist. Lincoln's constitutional heresies have become a national way of life. When a handful of enumerated powers wind up generating an infinite number of "implied" powers, the text becomes a dead letter. NUGGETS THE OTHER WAR ON TERROR: The death of Yassir Arafat leaves Ariel Sharon without a scapegoat for the violent resistance his ruthless oppression of Palestinians has provoked. Come to think of it, Arafat was for Sharon what Saddam Hussein was for Bush, and Sharon too can be expected to carry on his war without his original villain. He'll just have to find someone else to blame. (page 7) WINDOWS FOR DUMMIES: Saying that society can't exist without government is like saying that society depends on robbery. This is Bastiat's famous broken-window fallacy writ large: the notion that breaking windows "stimulates" the glass trade, and that destruction therefore produces wealth. We may as well ask, If it weren't for government, who would break the windows? (page 9) TOUGH LUCK: Scott Peterson is now the first American in a generation to be convicted for killing an unborn chlld. (page 11) Exclusive to electronic media: EXIT: Conservatives are rejoicing at Dan Rather's retirement as CBS NEWS's anchor man, especially since it comes on the heels of his phony expose of President Bush's evasion of National Guard service. Personally, I've never thought of Rather as much of a journalist. When has he ever broken a major story we'd otherwise have missed? His first "scoop" was the JFK assassination, which we might have heard about without him. Ironically, the fatal Bush story only underlines his incompetence as a reporter. Sad that his long career should end this way. AT YOUR SERVICE: Why do people talk as if governments originate in the need for public services, and only impose taxes as an afterthought? Taking their subjects' money is the =only= thing =all= governments of every form do, and have always done. Taking wealth by force -- taxes, duties, levies, tributes, tariffs, excises, et cetera -- is the defining act of the state and its raison d'etre. If it didn't tax, it couldn't exist. WE THE PARADIGM: American security, we are told, requires the adoption of American-style democracy, not only in Iraq, but in Ukraine -- and, apparently, just about everywhere else too. We're never told just why, or what the limits are. Even Woodrow Wilson might rub his eyes at this notion. REPRINTED COLUMNS (pages 7-12) * "You Can't Mean It!" (October 28, 2004) http://www.sobran.com/columns/2004/041028.shtml * The Party of Abnormality (November 4, 2004) http://www.sobran.com/columns/2004/041104.shtml * Are You "Ready"? (November 9, 2004) http://www.sobran.com/columns/2004/041109.shtml * Tolerance and Progress (November 16, 2004) http://www.sobran.com/columns/2004/041116.shtml * Journalism and Patriotism (November 18, 2004) http://www.sobran.com/columns/2004/041118.shtml * Let the Blue States Go! (November 23, 2004) http://www.sobran.com/columns/2004/041123.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) 2004 by The Vere Company -- www.sobran.com. All rights reserved. Distributed by the Griffin Internet Syndicate www.griffnews.com with permission. [ENDS]