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Freedom and Federalism
 
By Felix Morely
H. Regnery Company
1959


Morley traces the evolution of the United States from a federated Republic
towards a unitary democracy in which the "will of the people" is expressed
through a central government. He discusses the dangers presented by
centralization, particularly towards minorities.

Chapter 6 -- "Democracy and Empire"

Centralization of power is of course the essential pre-requisite of any
dictatorship. When a governmental system already centralizes power as did that
of Czarist Russia, it is not necessary to go through democratic preliminaries in
order to establish tyranny. Successful revolutionists need only adapt existing
institutions to their particular purpose, as Lenin did. In his words,
'bureaucrats . . work today, obeying the capitalists; they will work even letter
tomorrow, obeying the armed proletariat.'

But when governmental institutions hamper centralization, as they must in a
federal republic from its very nature, then it is clearly necessary to reform
those institutions before dictatorship can be established. And if those
institutions are well designed, and have popular esteem, then a political tour
de force becomes necessary. Somehow or other people must be made to believe that
their traditional governmental machinery is out of date, incompetent to cope
with new problems, a block to "Manifest Destiny," or perhaps manipulated for
evil by unscrupulous men who distort the operation to the general disadvantage.

This accusation of distortion has always been the first attack of those who
would reform our government, and unquestionably it has often been a justified
attack. Unfortunately, those who denounce "entrenched minorities" in their zeal
often give the impression that a minority is objectionable as such, whether it
be composed of slave-owners or of Philadelphia Quakers. Thus deeply sincere
reformers have helped to spread the wholly un-American belief that a minority is
disreputable just because it is a minority, regardless of whether its concern is
to protect "the interests" or to defend conscientious objectors. In this manner,
reformist zeal has been of incalculable assistance to the concept of a
dictatorial general will.

The initial objective of the reformer is not so much to centralize power as to
prevent the abuse of power where already centralized. Yet the most admirable
reformers all but invariably argue that there "oughta be a law." To prevent
abuse of power, superior power should be concentrated in some government agency
-- an argument which strangely assumes that men become more moral when they
serve the unmoral instrumentality of the state. This absurdity is compounded,
but also made more difficult to discern, by calling the concentration of power
"democratic." The average reformer, however, does not usually invoke the word
with the intention of making the bureaucracy all-powerful. He merely equates the
general will with his own particular opinion. But the easiest way to make the
particularist viewpoint dominant is to call upon the power of government,
especially centralized government, in its behalf.

In the case of war, which is the perfect device for replacing federalism with
centralization, the motive of the centralizers is not always innocent. There is
good reason to think that Hitler wanted war, or at least was willing to risk it,
precisely because the condition of war furthered his expressed objective of
centralizing all power in the Nazi Party with himself as Fuehrer.

It is evident that power is most easily centralized by war, or by the
expectation of war. And it is further evident that to obtain this centralization
of power in a political federation, the national government must prevail on
people to surrender their individual and State rights, on the plea of national
necessity. Since there will always be a minority of the skeptics, perhaps even
fortified by actual sympathizers with the real or alleged enemy, the theory that
the majority will should prevail becomes imperative in times of emergency. That
is the theory of democracy, and that is the essential reason for the anomaly
whereby the greater the centralized regimentation, the more feverish the claim
of the regimenters that this is true democracy. To quote Lenin again: "Communism
alone is capable of giving a really complete democracy."

It is at least a curious coincidence that every war in which the United States
has been engaged was both immediately preceded by a political flowering of
democratic theory and immediately productive of centralization. That applies
even to the War of 1812, which was really a continuation and affirmation of the
Revolution against Great Britain. Even so, the opposition to it was strongest
among the very undemocratic Federalists and as a direct result of what they
called "Mr. Madison's war" we got a national debt, a national bank, a high
protective tariff and certainly a great impetus for the strongly centralizing
Supreme Court decisions of Chief Justice Marshall.

Desire to extend the area of slavery was unquestionably a factor in the Mexican
War. There were, of course, other, and weighty, considerations in all these
cases. Nevertheless, we must note the coincidence that faith in democracy surged
up in the Jacksonian era, and that war with Mexico followed soon after.
Centralization was of course encouraged, by government of the conquered areas as
dependent territories pending their development into Statehood.

This centralization was in turn a factor in bringing the Civil War, also
forwarded by the democratic belief that because the majority deemed slavery an
intolerable practice, it thereby became a duty of the central government to
abolish it. And while the Civil War did not seem to do more than shake the
federal structure severely, this political earthquake did greatly increase the
subordination of the individual States to Washington, not only those ruled for
years as conquered provinces, but all of them. Bureaucracy was greatly expanded
to handle the problems of the emancipated slaves-through the Freedmen's Bureau
and other agencies.

For a generation, after the Civil War, the American people were occupied in
winning the West and filling their continental domain. The final conquest of the
Indian tribal organizations can scarcely merit the name of war, as now
understood, but it did provide reason for the maintenance of a national army and
gave the central government experience in the direct rule of conquered and
primitive subjects.

During this peaceful generation, indeed, the dynamic forces of imperial
expansion were gathering strength all along the line. Secretary of State Seward
was an avowed imperialist and his annexation of the Midway Islands paved the way
for that of Hawaii. Soon the itch for world power was being constantly
stimulated by big-Navy advocates like Admiral Mahan, by vigorous politicians
like Theodore Roosevelt, and by sensational journalists like William Randolph
Hearst. None of these were above using the cliche's of democracy to justify a
war which would place the growing strength of the nation more firmly under the
control of Washington. "Teddy" Roosevelt, indeed, was "convinced . . . that the
country needs a war" and "rather hoped" it would come with Great Britain over
the Venezuela dispute. But a much less costly conflict, with decadent Spain,
served the imperial purpose just as well.

But the outcome of the war with Spain was not quite altruistic. The outcome was
the annexation of Puerto Rico, Hawaii, the Philippines and lesser Pacific
islands. It was the establishment of the United States as a colonial power,
compelled to justify the suppression of the Filipinos which followed immediately
on the liberation of the Cubans. And the deeper result was to make Washington
for the first time classifiable as a world capital, governing millions of people
overseas as subjects rather than as citizens. The private enslavement of Negroes
was ended. The public control of alien populations had begun.

Only twelve years separated the suppression of the Philippine Insurrection and
the outbreak of World War I in Europe. They were years in which the country
moved simultaneously towards democracy and towards imperialism. The Income Tax
Amendment provided the means whereby the central government could finance
colonial operations, or any other undertaking deemed desirable for the general
welfare. The Amendment for the direct election of Senators was expected to break
down the recalcitrance of the undemocratic Upper House, which in its old
unregenerate condition had rejected the attempted acquisition of Santo Domingo
in Grant's Administration, and almost repudiated the annexation of other Spanish
colonies after the war of 1898.

Simultaneously, what had traditionally been known as the "Administration" in
Washington began to act as though it were what it is now inaccurately but
habitually called-i.e., the "Government." A revolt was provoked in Colombia, to
facilitate the building of the Panama Canal. The Monroe Doctrine was interpreted
by President Theodore Roosevelt to mean that the United States should use force
to stop any Latin-American disorders. His successor, President Taft, applied
this policy to establish a protectorate" in Nicaragua. Woodrow Wilson then made
the policy bi-partisan by extending the protectorate device to Santo Domingo and
Haiti, and by ordering two punitive invasions of Mexico.

It was "to make the world safe for democracy" that the American people were at
last pushed, prodded and precipitated, with the aid of German aggressiveness,
into World War I. The phrase has been greatly ridiculed, but if we use our
political terms correctly it must be said that the aim was very largely
achieved. Political democracy is actually a form of government in which the
executive can successfully assert that its direction is in accord with the
general will, and World War I certainly gave enormous impetus to that claim.
In the United States, World War I brought no written Constitutional Amendment.
But the enlargement of centralized power, and the new national agencies deemed
necessary to win the war, were here to stay. The machinery for centralized
action to cope with subsequent domestic difficulties was either already designed
or foreshadowed. We shall consider later how the New Deal made use of this
disposition to centralize power. But one should be careful about giving Franklin
D. Roosevelt too much credit, or discredit, for exploiting a situation already
made ready for him. World War I had helped to make the world safe for democracy,
and in the process had done a lot to make constitutional government unsafe in
the United States.

On Armistice Day of 1918 Woodrow Wilson wrote out in longhand his announcement
to the American people:

"Everything for which America fought has been accomplished." In a sense that
also was true. Our participation in World War I took us out of the bush league
and made us a great imperial power, a molder of world destiny. It was for this,
historically speaking, that America fought. The trouble is that the great
majority of Americans did not contemporaneously realize for what they were
fighting. And one cannot say with assurance that Woodrow Wilson ever did either.
For his was the tragedy of a man of peace, an idealistic reformer, a scholar and
a close student of American institutions, who in this crisis could not uphold
the traditions which he revered.

Every war in which the United States has engaged since 1815 was waged in the
name of democracy. Each has contributed to that centralization of power which
tends to destroy that local self-government which is what most Americans have in
mind when they acclaim democracy. But every war has also been followed by a
reaction, in which Americans have thought soberly about the implications of the
drums and trumpets and have sought, almost instinctively, to restore the upset
constitutional balance. After World War I this reaction was immediate. It
undermined the League of Nations, for which Woodrow Wilson had worked the more
valiantly because of his passionate desire to validate the hope that good might
come out of the evil he had reluctantly endorsed. The reaction also cut
expenditures by the central government severely, curtailed its swollen
functions, and by the time of Herbert Hoover had done much to re-establish the
federal form, modified, of course, but nevertheless true to its original
principles of divided powers and maximum home rule.

Then, out of stricken Europe, came the depression, with all its tremendous
stimulus to what some call democratic action and to what others can as properly
term demagoguery. There is no iron curtain between the two.

The great depression unquestionably helped to promote World War II, in any case
a not unnatural consequence of the injustices and stupidities committed in the
name of democracy after World War I. And an unusually authentic "general will"
for relief from depression hardships brought that same perennial flowering of
democratic theory that seems to be a constant element in American belligerency.
Consequent to World War II we certainly see a permanently increased
centralization of power and a further weakening of federal theory.

World War II was, historically speaking, a ghastly after-math of World War I.
The Korean War, on the other hand, stands out separately, as something which
might easily have been a prelude, and was assuredly a portent, in regard to
World War III. There is still much about World War II, the Korean "episode" and
lesser "brush fires," on which only partial information is available. But the
consequences of these events in the promotion of American imperial practice are
not at all obscure.

As with all political terms in this study, the adjective "imperial" is not to be
taken in any invidious sense, but merely descriptively. An empire is a far-flung
political organization, of which all the territorial parts are not necessarily
contiguous, but are subject to a centralized administration of which the head
was originally called an emperor, from Latin imperator. The essential feature of
an empire, however, is not the title of its executive, but whether the executive
rules overseas or alien territories without the freely given sanction of their
inhabitants, as the Romans ruled Britain, as Russia now rules Hungary, as the
French rule Algeria or as we rule Okinawa [or Guam, or the Iroquois
Confederacy].
 

The Pragmatic Side of Principle in Pursuit of Public Policy