The Death of
the American State
by Butler Shaffer
http://www.lewrockwell.com/shaffer/shaffer138.html
This is the way the world will end;
Not with a bang, but a whimper.
~ T.S. Eliot
The impending death of the Bush empire has been the subject of some recent
thoughtful articles. Such a prognosis seems well-founded, but greatly
understates the broader implications of our current situation. It is the
American political system, itself, that appears to be in a terminal state.
Intelligent minds need to focus on the question: if this government
collapses, what will be the nature of the social systems that replace it?
Will the state, itself, survive and, if so, will it be in the same
constitutional form as the present system?
Had the American state initially become a monarchy – as many thought and
hoped it might – Americans might have become as conditioned to accept the
autocratic power of a ruler as they have to believe in the illusion of a
democratically-controlled state. George W. Bush might then have been
accepted, in the popular mind, as the continuation of the “fine tradition”
going back to England’s George III, or even Henry VIII.
But America embarked on a different rationale for governmental power,
derived from the liberal sentiments of individual liberty, as expressed in
the Declaration of Independence. Political authority was no longer to be
justified in terms of the “divine rights” of rulers, but only as an
expression of a mythical “social contract” supposedly entered into by
millions of free persons. Thus was a written constitution crafted as the
expression of this alleged “contract” between the state and its citizenry.
Governmental power was to be limited, and the protection of individual
liberty paramount, as the stated purpose of this constitutional republic.
Such intentions were never taken seriously by most men and women with
ambitions over their neighbors, as was evident from the start and continues
today. State power has been in the ascendancy, and individual liberty in
decline, for many decades. It is erroneous for anyone to blame George W.
Bush for this collapse of the constitutional model: he only represents the
most recent and dramatic extension of long-unquestioned statist premises.
Those who were shocked when Bush declared the Constitution “an old scrap of
paper,” are unaware that he was echoing the sentiments of the Assistant
Secretary of War, John McCloy, who defended the World War II power of
President Roosevelt to imprison Japanese-Americans. “The Constitution is
just a scrap of paper to me,” McCloy declared. Unfortunately, there was no
Internet around in the 1940s to make the public aware of the attitudes of
their rulers!
If one were to judge the success of the American constitutional state in
limiting state power, by the same standards we would apply to a medical
procedure, or the success of a business enterprise, we would readily admit
to its total failure. The American state has evolved into a thriving
contradiction of the announced expectations of a constitutional republic.
Washington, D.C., has been a combination slave-market, fencing operation for
stolen property, and street-corner gang long before the current gang of
racketeers took over.
The politically-ambitious want the rest of us to never wake up, but to cling
to the remnants of a hazy dream that monopolistic power can somehow be
restrained. You will soon hear them chanting their mantra of the need for
political “change” in America. The Democrats will replace the Republicans
and the dream restored. What childish nonsense, particularly when decades of
such supposed “change” has brought about no more reform than what was
implicit in Frank Chodorov’s characterization of those “who want to clean up
the whorehouse, but keep the business intact.” Political “change,” within
the confines of the existing system, has never amounted to anything more
than bringing in a relief pitcher from the bullpen in an effort to save the
game for the home team.
The entire concept of constitutionalism has failed in its fundamental
purpose: to restrain state power in order to prevent tyranny from arising.
Had more of us been paying attention, we would have understood that this
failure was implicit in a system in which government (a) enjoys a monopoly
on the use of force, and (b) has the authority to interpret the scope of its
constitutional powers. This fact did not escape the notice of Lord Macaulay
who, on the eve of the American Civil War, observed that “your Constitution
is all sail and no anchor.” A similar insight has been offered more recently
by Anthony de Jasay, who noted that “collective choice is never independent
of what significant numbers of individuals wish it to be.”
The collapse of the foundations of the American political system has been
compounded by the internal failures of Constitutional safeguards: the
legislative branch, the judiciary, and the bulk of the American public, went
into a simultaneous, collective collapse in the face of George Bush’s grasp
for what he has repeatedly expressed as his desire for a “dictatorship...
just so long as I’m the dictator.” The bulk of the major media – long
thought of as an aggressive watchdog of the state – has become, through
incestuous inbreeding, little more than a whining, obedient lapdog.
Of course, there will be those who, weighing more heavily the rantings of
Faux News babblers over the lessons of history, will be unable to digest the
idea that the American state might ever go into an entropic collapse. Like
relatives gathered at the bedside of a terminally-ill Uncle Willie, they
will prefer to comfort themselves with platitudes that he “will be up and
around in no time.” But any system that relies on violence, lies, distrust,
and force of arms to hold itself together, has little future.
There is a remote chance of the American political system being able to
right itself, albeit temporarily, and return to some semblance of integrity
long since lost in years of deception, violence, and deceit inherent in the
state. No political system will ever be able to overcome its internal
contradictions. But in the short run – which is the only place politicians
prefer to play their games – the American state could regain a modicum of
credibility among the American people and the rest of the world. If Congress
were to impeach President Bush and any other members of his administration
responsible for conducting the Iraq war and, upon their removal from office,
have such individuals – along with all advisors – arrested and turned over
to an international tribunal for prosecution as war criminals, the modern
state might retain a sliver of a chance to overcome its present plight. An
analogy to Newton’s “third law of motion” might suggest that only an
exaggerated response to an exaggerated transgression of propriety by the
Bush administration could restore – at least in the minds of the myopic – a
limited confidence in the system.
Bear in mind that I do not advocate such an approach: I am eager to see the
state collapse of its own dead weight, and prefer no heroic efforts at
resuscitation. I believe it is time for humanity to abandon the idea that
the institutionalized violence that is the state confers anything of value
to mankind. Neither am I anxious to confer super-state powers upon
international political bodies. But the course I mention does have a very
slim chance of success.
On the other hand, I have no illusions that anyone within the political
establishment will ever suggest such a bold proposal. With but a few
exceptions, members of Congress are too complicit in the actions which they
would be forced to condemn. Nor would members of the political establishment
– whose special interests are advanced through the violence, bloodshed, and
despoliation by state forces – ever permit any fundamental challenge to its
privileges. Apart from a handful of courageous souls – such as Ron Paul or
Russ Feingold – there are few members of this body with sufficient integrity
to propose a course of action simply on the grounds of moral rightness.
And, so, the upcoming elections will provide us with what prior elections
offered: new-and-improved candidates with new-and-improved messages. But,
like the selling of detergents or corn flakes, the new product will consist
of nothing more than a repackaging of the old, replete with new commercials.
What remains of the voting public will be urged – by media parrots and
others – to participate in the collective hallucination of voting. Those who
refuse to join in this electoral debauchery will be condemned for “allowing
terrorism to succeed,” or for disrespecting “the sacrifices of the young men
and women who died on the battlefield” to protect the “freedom” of Americans
to participate in the meaningless ritual of voting.

Two years from now, the media will be feeding us a steady diet of the
message that choosing between John McCain and Hillary Clinton will be a
watershed event in American history; that the outcome of the 2008 elections
will “restore confidence” in the system, . . . this time for sure! The
question is whether, by that time, the outcome will really matter.
May 22, 2006
Butler Shaffer [bshaffer@swlaw.edu] teaches at the Southwestern University
School of Law. He is the author of Calculated Chaos: Institutional Threats
to Peace and Human Survival.

Copyright © 2006
http://www.LewRockwell.com
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