Should We Have A Constitutional Convention or Not?
November 18th, 2014 // 9:49 am @ Oliver DeMille
(The Only Way We’ll Ever Get America Back on Track)
Months ago I wrote an article about competing views on holding a Constitutional Convention to help get America back on track. I listed some of the pros and cons of both views, and asked readers for their thoughts.
Two Surprises
I was surprised by two things: 1) the huge number of responses to my article, and 2) the extremely strong emotions people shared about how we must avoid a Convention at all costs, and, alternatively, how without a Convention America is truly doomed.
I knew people felt strongly about both sides of this issue, but I didn’t realize just how passionately many people feel it.
I got hardly any responses that were lukewarm. Everything was ice-cold hatred of the very topic of a Convention, or boiling-hot support of its absolute necessity. The most interesting thing about this is that pretty much everyone who responded—from both sides—is deeply committed to freedom, to the principles of the Constitution, and to the vital importance of America’s future freedom.
I mentioned in my original article on this topic that I had my own opinion. I read each response carefully and with an open mind to see if anything swayed my views. After reading them all, I remain committed to my original viewpoint. And I’m ready to share it.
The Reality
For those who are adamantly supportive of either side, my thoughts are likely to be frustrating. I see the value of both views. I think a Convention is either a wonderful idea or a terrible idea, and we won’t truly know which until after it is held (if it ever happens, that is). Thus, we should either not hold it at all, or we should hold it but be sure there is a real chance of it doing the right things.
This view isn’t very helpful if your focus is on whether or not to have a Convention. But there is a method to my viewpoint. There is a bigger reality at play here, and too often the people supporting or opposing a Convention don’t realize just how important it is. Let me explain.
One respondent wrote: “Our form of government was made for a moral people…. We need the people to change, not the Constitution!”
Powerful words. I would add two words to make this even more poignant: “Our form of government was made for a moral and wise people…. We need the people to change, not the Constitution!”
This is dead right. Those who oppose a Convention use this to make the case that “Since many of our people and leaders lack morality and wisdom, a Convention will simply throw away the best thing we have going for us—the Constitution.”
In contrast, supporters of a Convention use this same idea to argue: “Our lack of moral and wise people and leaders is causing us to reject more and more of the Constitution with each passing year. If current trends continue, we won’t even be following the Constitution within a few years—not even the little bit we are following now. A Convention is the only chance of fixing this.
“Yes, it might backfire and we’ll lose our freedoms, but without a Convention we’re definitely losing them—and nobody realizes it enough to stop it. At least with a Convention we have a chance to turn things around, and if we don’t, if it makes things worse, at least everyone will know it—openly and immediately.”
Both views have real merit.
But there is a solution. It will work if we have a Convention, and it will work if we don’t have a Convention.
It isn’t easy, but it is possible. It can happen. It will be difficult, but without it we will lose our freedoms—regardless of whether or not we have a Convention.
What is the solution? We need at least 3% of the populace to really understand the Constitution. That’s approximately the percentage of people who actively participated in the American founding. Today we need at least 3% to deeply, truly understand the Constitution and the principles of freedom—at the level Madison and Jefferson and the Americans of their generation understood them.
If that doesn’t happen, a Convention won’t help. Likewise, if it doesn’t happen, avoiding a Convention won’t help either.
We are losing our freedoms. Quickly. Consistently. And much of it is happening in secret, in policies, laws, and programs the public doesn’t bother to read and understand.
But How?
How can we get 3% of the populace to understand the Constitution? Honestly, this is really very simple. There are five books I know of that teach what is needed. A person who reads, studies, and really understands any of the five will know enough to be part of the 3%. The five are:
- Madison, et al., The Federalist Papers
- Skousen, The Five Thousand Year Leap
- DeMille, We Hold These Truths to Be Self-Evident
- Skousen, The Making of America
- DeMille, The U.S. Constitution and the 196 Indispensable Principles of Freedom
Of course, reading more than one of them, or even all of them, is better. But really knowing the principles taught in any one of them will make a person part of the 3%. And when 3% or more of the people really know the Constitution, we’ll have enough critical mass to truly influence a return to its principles.
Of course, there are many other good books on freedom. What these five books have in common is that each one provides a comprehensive overview of the freedom principles needed to get our nation back on the right path. And after you read 1-5 of these, read LeaderShift by Orrin Woodward and myself. This book specifically outlines what we need to do to change our governmental structure right now—either through a Convention if one is ever held, or without a Convention by influencing elections and policy.
Whether readers agree or disagree with the principles in these books isn’t the point. What we need is 3% of the people who are seriously thinking and talking about how to apply these principles of freedom in our time. Right now. So, agree or disagree, but get focused on the principles of freedom!
The Only Way We’ll Ever Get America Back on Track
Freedom matters. We are losing it. The loss is rapid and the pace of our national decline is increasing. And there is really only one solution. In the whole history of the world, the regular people have only been free when they have demanded it. Governments don’t just hand it out. Elite classes don’t just gift it to the masses.
In all of history, the only times the people have been free are when they simply insisted on it. And this has only happened—only happened!—when at least 3% of the population really understood the principles of freedom.
That’s it. Period.
If 3% doesn’t understand, we’ll lose our freedoms.
Can a Convention help? Only if at least 3% of the people truly understand the principles of freedom. Can opposing a Convention help? Only if at least 3% truly understand the principles of freedom.
This is true.
This is real.
This is incredibly urgent.
One final thought. A lot more than 3% of the people deeply love freedom. We all need to do whatever we can to help more of them truly understand the principles of freedom. Whether or not we succeed in this endeavor will determine whether our children and grandchildren are free…or not.
Oliver DeMille is the New York Times, Wall Street Journal and USA Today bestselling co-author of LeaderShift: A Call for Americans to Finally Stand Up and Lead, the co-founder of the Center for Social Leadership, and a co-creator of TJEd.
Among many other works, he is the author of A Thomas Jefferson Education: Teaching a Generation of Leaders for the 21st Century, The Coming Aristocracy, and FreedomShift: 3 Choices to Reclaim America’s Destiny.
Oliver is dedicated to promoting freedom through leadership education. He and his wife Rachel are raising their eight children in Cedar City, Utah
Category : Blog &Citizenship &Community &Constitution &Culture &Current Events &Education &Entrepreneurship &Featured &Generations &Government &History &Leadership &Mission &Politics &Statesmanship
Education Exposed
October 28th, 2014 // 3:24 pm @ Oliver DeMille
Hire and Higher and Hire
Just read the following quote. It is incredibly powerful:
“Universities…have been absorbed into the commercial ethos. Instead of being intervals of freedom, they are breeding grounds for advancement. Students are too busy jumping through the next hurdle in the résumé race to figure out what they really want…. They have been inculcated with a lust for prestige and a fear of doing things that might put their status at risk. The system educates them to be excellent, but excellent sheep.”
This is a profound and all too accurate description of our current educational system. It was written in the New York Times by David Brooks, as a summary of a William Deresiewicz’s essay in his book Excellent Sheep.
Let’s briefly consider each main point:
- “Universities…have been absorbed into the commercial ethos. Instead of being intervals of freedom, they are breeding grounds for advancement.”
This is true of schools in general today, at all levels. Most people now see the goal of almost all schools as job preparation, as Hire Education instead of Higher Education.
In this model, the quality of learning isn’t important. Job placement is the goal, and it drives the whole educational system.
Moving Backwards
Sadly, it drives it down, not up. As the quality of education decreases, so does the quality (and availability) of jobs for most people.
- “They have been inculcated with a lust for prestige and a fear of doing things that might put their status at risk.”
The conveyor-belt approach to learning trains followers, not leaders. It makes our students and workers risk averse, not creative or entrepreneurial. Our economy is losing jobs by the thousands to nations where initiative, ingenuity, and innovation are rising. In these vital things, our failure rates are growing.
- “The system educates them to be excellent, but excellent sheep.”
Our education system of “students follow, while their superiors tell them what and when to do things—from Kindergarten through graduate school” is creating a populace that obediently takes its marching orders from the media, experts, and government officials. But free societies only stay free when the people are watching things and telling the officials and experts what to do.
We’ve got it backwards. Most of our current educational system is designed for a socialist nation, not for a free one.
Leaders or Drones
There is a solution, and it is for parents and teachers to deliver Leadership Education and teach young people how to think—not what to think.
This has been the focus of our work with TJEd (Thomas Jefferson Education) for over two decades. It’s tenets are simple: classics rather than rote textbooks, mentors rather than professors, personalized learning rather than the conveyor belt, quality rather than conformity, etc.
It all boils down to inspiring students to passionately choose the work of getting a great education, not requiring youth to do the rote behaviors of mediocre learning—or even the rote actions that bring high test scores but turn students into excellent sheep.
In The Atlantic, Sandra Tsing Loh called this “high-class drone work.” Note that she was referring to the prestigious but rote careers that such education leads to, not to the schooling.
Leadership Education is a better way. For everyone.
Simplicity and Success
Just consider another powerful quote, this one from Luba Vangelova writing about the non-traditional revolution in modern education:
“Every day, veteran educator Scott Henstrand walks into his history classroom at the Brooklyn Collaborative secondary school, jots down a few conversation-starters on the blackboard, then takes a seat amongst the 14- to 17-year-olds. He does the same work as they do, and raises his hand when he wants to speak.”
This sounds like a formal school modeled after an excellent Leadership Education homeschool:
- “Inspire, not Require.”
- “Simplicity, not Complexity.”
- “You, not Them.”
- Mixed ages.
- A mentor learning right along with the students.
- Readings and lots of discussions.
Great education is really quite simple, after all, as successful homeschoolers can attest.
For help in engaging your education, and mentoring others in their learning, join us for Mentoring in the Classics >>
Oliver DeMille is the New York Times, Wall Street Journal and USA Today bestselling co-author of LeaderShift: A Call for Americans to Finally Stand Up and Lead, the co-founder of the Center for Social Leadership, and a co-creator of TJEd.
Among many other works, he is the author of A Thomas Jefferson Education: Teaching a Generation of Leaders for the 21st Century, The Coming Aristocracy, and FreedomShift: 3 Choices to Reclaim America’s Destiny.
Oliver is dedicated to promoting freedom through leadership education. He and his wife Rachel are raising their eight children in Cedar City, Utah
Category : Blog &Community &Culture &Current Events &Education &Family &Featured &Generations &Leadership &Liberty &Mini-Factories &Mission
A Guide to Jury Duty
October 21st, 2014 // 2:15 pm @ Oliver DeMille
“I’m going to serve on jury duty,” my daughter told me. “Any thoughts?”
A Problem and A Solution
This will be short. Share it with anyone who might serve on jury duty. Save it to reread whenever you get called to jury duty. It is powerful information about freedom and being a leader in our society.
First, the American framers made juries a central part of the judicial system because they didn’t trust anyone else to keep the government in check.
Think about it. Nations with no juries still have judges, lawyers, and court cases. They arrive at verdicts and mete out punishments. But they do it all with two entities: the government and the accused.
The founders wanted something different. They didn’t trust government. “Power corrupts, and absolute power corrupts absolutely,” as Lord Acton put it.
The founders had seen what the British government did with its judges and courts. They had read about judicial abuses in Rome, Greece, Israel, the German principalities, and nations down through history. They knew that in almost all judicial systems, throughout history and around the globe, an accused person had very little chance for justice.
Their solution? Juries.
Specifically, juries made up of regular citizens like the accused, who would naturally be on the side of the accused “regular” citizen if the government tried anything pushy, or at the very least not automatically choose the side of government.
They established the jury system for one reason: to keep the government in check, to keep the government from being abusive, to keep the government from having too much power.
Checks and Responsibilities
Juries, the founders felt, were the last line of defense for a person falsely accused (or rightly accused, with extenuating circumstances), or even just to keep the government from having too much power in too many ways.
If juries don’t let the government get away with too much power, the whole nation will be more free. This was the reason the framers gave us the jury system.
Second, jurors do have two roles:
- Keep the government in check
- Provide a just determination of guilt or innocence
Both of these are important, but #1 is more important than #2. Indeed, keeping the government in check is the reason the founders established the jury system.
Sadly, most modern jurors believe that their main (and only) purpose is #2, to determine guilt or innocence.
The truth is that jurors generally do #2 better than judges, if for no other reason than that they aren’t jaded by facing criminals and lies day after day. They typically have a more healthy, balanced view of people.
Jurors should of course do a good job at #2, and in many cases this won’t conflict with #1. But if it ever does, good jurors choose #1 above #2.
Why? Because it’s more important to keep the government (with its massive resources and power) from abusing power than from stopping one accused person. That one person may hurt people, badly, and deserve real justice – it’s true. But an abusive government will hurt many, many more people—and hurt them a lot worse.
Founders and Authorities
To be a good juror, keep your eye on #1. Keep the government in check. This is your first purpose. Your first duty. Clearly #2 is important, but it is secondary to #1. If possible, do both; but always do #1.
By the way, this is a key message of the great classical movie 12 Angry Men with Henry Fonda. Every prospective juror who wants to prepare for serving should watch and consider this movie. Some of the lessons:
- Keep the government in check—with the use of your vote about innocence and guilt.
- Think on your own—don’t be a victim of “groupthink” or peer pressure from members of the jury. Be polite, respectful, participative, and friendly—and don’t be swayed by anything except your own careful thinking. Listen, analyze, and think on our own.
- As a juror you are using real power. You are using force. Your vote will impact the accused just like a gun with bullets would. Be careful, and wise. Use this power reverently, and with a cautious eye on keeping government power from pushing through things that aren’t truly proven.
- Don’t see the judge or lawyers as the teachers or experts and the jurors as the students or employees. This isn’t how the founders set up the jury system, even though many people are in the habit of seeing it this way. Instead, get it right by seeing the judge, lawyers and witnesses as students or employees putting on presentations and the jurors as the experts or bosses who learn from the others but make the final decisions.
- Remember that in our current system, victims and their families aren’t allowed to directly seek justice through fights, duals, or retaliation. You are the hand of their justice, so if a defendant is guilty, it is essential to respond in a just way.
- Be polite and calm, even when standing up for your view.
- Do your best to see that justice is done, and that the government is kept in check. To reiterate: If you must choose between the two, keeping the government (with its immense power and resources) in check is more important than keeping one defendant in check.
- How to deal with the judge: Treat him with respect and obey whatever he says, except when he tells you how to think. Remember, judges are a major part of the government the founders wanted juries to protect against. If he tells you how to think, at all, use your own brain. The founders put you on the jury, not the judge.
Treat this prospect with respect. The founders gave you the jury power because they trusted you more than anyone else—including any government official or judge—to keep the government in check, seek real justice, think independently and wisely, and do the right thing.
Your choices will have real impact on real people. As stated above: You are using real power as a juror. Don’t let this power corrupt. Use it with honor. Be proud of how you used it—for the rest of your life. As a juror, you are using force. Use it well.
Oliver DeMille is the New York Times, Wall Street Journal and USA Today bestselling co-author of LeaderShift: A Call for Americans to Finally Stand Up and Lead, the co-founder of the Center for Social Leadership, and a co-creator of TJEd.
Among many other works, he is the author of A Thomas Jefferson Education: Teaching a Generation of Leaders for the 21st Century, The Coming Aristocracy, and FreedomShift: 3 Choices to Reclaim America’s Destiny.
Oliver is dedicated to promoting freedom through leadership education. He and his wife Rachel are raising their eight children in Cedar City, Utah
Category : Blog &Citizenship &Community &Constitution &Current Events &Education &Featured &Generations &Government &History &Leadership &Liberty &Mission &Politics &Statesmanship
How to Fix the Middle East
October 14th, 2014 // 8:22 am @ Oliver DeMille
What’s Been Missed
American wars abroad are causing more problems than they solve, for one very important reason: U.S. experts who help establish new constitutions and laws in nations like Iraq and Afghanistan don’t apply the principles of the U.S. Constitution to the level that they could.
They try, but they seem to not really understand the Constitution and how it works.
As long as Washington keeps doing this, our foreign interventions—whether limited to airstrikes or focused on full-blown ground wars—are a monumental waste of time and resources.
They leave the target nations worse off and more volatile than before we intervened.
Based on the cost of these wars, and its impact on our economy and our politics, this may be the single most important issue in current U.S. society. Most people don’t realize what a big deal this is.
Whether you support or dislike the U.S. wars in Iraq and Afghanistan in the aftermath of 9/11, the United States certainly had a chance to positively influence the entire region.
A Fatal Misunderstanding
Experts debated whether it was possible to bring more democracy to the Middle East, and Washington tried to make things better.
But we failed miserably, leaving a power vacuum and strengthening dangerous anti-freedom forces in Iran, Syria, Palestine, ISIS, Northern Africa, and the whole region.
The reason for this failure is still almost entirely misunderstood: American experts try to copy elements of the Constitution and European parliamentary structures when setting up postwar governments in occupied nations, but they apparently don’t deeply know how Constitutional principles work—or don’t want to use them.
This is akin to copying Madison’s work, but doing it in a way that Madison would never have done. Specifically, the Constitutional system worked because the framers operated on a basic set of freedom principles.
One of these is that the key to long-term freedom is to identify the main power centers in a nation. This is vital if we want to see real change in the Middle East.
Once the power centers of a nation are clearly understood, each of them needs to be given a certain kind of power by the Constitution and laws.
Specifically, such power must give the group a real say in the direction of the nation, formatted so that all major power groups are represented and have the ability to check and balance each other.
The Important Separations
In most nations the best format is to divide the natural powers of government (legislative, executive, and judicial) as three of the great power centers, and then to give a legislative house to each of the major societal powers.
For example, in aristocratic Britain the two strongest natural power centers were the upper class with all its wealth and influence, and the lower classes with their huge numbers and power of labor.
This led to the House of Lords and the House of Commons, a system that gave the two biggest powers in the nation a real say in government, but simultaneously kept them both checked and balanced.
In the United States, with a less aristocratic and more commercial focus, the three major power centers were the individual states, the rich class, and the working middle class.
The founding fathers wisely structured the Constitution in a way that all three of these groups had great power but with checks and balances on each. The Senate naturally represented the wealthy class, the House was elected by the working middle class, and the states were given huge powers—even more than the federal government.
This is the Constitutional format, and it is very effective. When the major natural powers in a nation are all given a real place in the government, and all operate under checks and balances, it brings out the best in each power group and the whole nation can flourish.
The U.S. applied this principle after World War II in the two major occupied areas—Germany and Japan. In Germany, with an aristocratic model similar to Britain, the experts created an upper house to represent the aristos and a lower house to represent the common people.
A Working System
Japan presented a different model, because it was historically a monarchy run by just a few ruling families—much more like an oligarchy than a European aristocracy.
U.S. experts wisely set up Japan’s government in a way that the monarchy was disbanded but the same top ruling families were allowed to retain their power through the banking system and its close interconnection with the government.
This shifted their focus from military empire to economic growth—creating the modern Japanese economic “miracle.” Of course, this isn’t miraculous to anyone who understands Constitutional principles.
A few years later the U.S. followed a similar “Asian” approach by applying Constitutional systems in South Korea.
In all these cases, “democracy” worked—even in formerly totalitarian nations—because the American experts knew how to create constitutions that brought together all the major powers in a nation and make them part of the leadership (while at the same time ensuring that they were balanced and checked).
This would work in the Middle East as well, if only we used it.
New Goals
During the Cold War, however, Washington’s approach changed. The focus turned to gaining allies against the threat of communism, and experts put their attention to international treaties, international law, and international organizations rather than good, old-fashioned freedom principles applied at every level in a nation. Schools followed this shift, and true Constitutional expertise went into decline.
After 9/11, as the U.S. fought and gained incredible influence over Iraq and Afghanistan, a new generation of experts—trained in the new way—tried to create constitutional models in these nations based on a shallow understanding of how freedom works.
In both cases, U.S. experts basically tried to copy U.S. and European institutions. They rightly gave power to legislative, executive and judicial branches of government, but they missed the opportunity to actually bring Constitutional freedoms to these nations.
Specifically, they acted as if the major power centers in Iraq and Afghanistan are the same as the U.S. (the rich versus the working class) or Europe (the aristocracy versus the commons). But they aren’t.
The major power centers in Iraq are Shia and Sunni, and they have been at war for centuries.
Thus, setting up a government with separate branches and constitutional checks and balances but leaving the two major natural power centers in the nation out of the government guarantees that their conflicts will have to be settled by violence—not constitutionally by elections, debates, check and balances, courts, or negotiations.
The U.S. experts acted as if the work of the American framers should be copied for everyone, not emulated in the way Madison of Jefferson would have structured an Iraqi system.
This is a fundamental misunderstanding of the Constitution. We seem to have lost any real Constitutional expertise—at least in Washington.
Constitutional Law is now mostly a matter of memorizing cases, legal history, and the interplay between three branches of government, rather than really understanding the principles of freedom that the founding fathers taught.
A Real Fix
A Jefferson-Madison approach to Iraq would create a 3-branch government (legislative, executive, judicial) with three houses in the legislature: a House of Sunni, House of Shia, and a house popularly elected by small local districts across the whole nation.The third house would naturally represent the lower classes and also empower the Kurds and other minorities.
If U.S. experts had done this in 2005 (or 1992), Al Quada would have had no influence in Iraq and ISIS would have almost no followers today—at least not in Iraq and most likely not in Syria. Iraq would be a powerful, wealthy democratic republic in the heart of the Middle East.
It would of course have its share of problems, but the challenges would be more like those faced by early democratic epochs experienced in Canada, France, Japan (after 1946), South Korea (after 1950) and Australia.
Some might argue that this is impossible, because the Sunni/Shia conflict is inherently violent, but history shows a different story: Middle East conflicts are no more violence-prone than feudal Japan, the bloody European Catholic/Protestant wars, or the cruel Roman, Mongol, or Aztec empires.
These all spread violence for many centuries, and the violence only ended when these cultures adopted better constitutions.
Bleak Forecast
Jefferson-Madison principles would take a very different route in Afghanistan by putting a small emphasis on the national constitution and focusing on helping tribal regions and cities create strong self-governing structures.
Only outsiders see Afghanistan as a nation; the Afghani people don’t consider themselves part of Afghanistan but part of their local tribal or regional culture.
Afghanistan needs several dozen constitutions—for each real national area. And each needs to identify the main power centers in the area and make them part of the government (with adequate checks, as always). Nothing else will work.
Madison and Jefferson would never have made such obvious mistakes in Iraq or Afghanistan. Even the U.S. experts of 1945 would have taken a very different, more constitutional approach. But today’s experts are apparently more expert on internationalism than freedom.
They seek to create constitutions that fit Washington’s international agendas rather than actually help Iraq and Afghanistan create free and prosperous systems that work.
This is a major problem because the result will be increased conflicts and wars in the Middle East. In the decades ahead, we seem destined to shed a lot more American blood in the region—without fixing much of anything.
Note that both parties are to blame: Republicans have attempted to nation build but have done it shallowly and poorly as described above, ensuring worse problems in the very regions they’ve tried to help, and Democrats have decried “nation building” but continued bombing and increased drone strikes without any clear strategy or plan for improved self-governing constitutional structures. This accomplishes nothing good.
What We Need
America’s loss of Constitutional understanding is a growing disaster, not just in the U.S. but around the world. We need to change. The U.S. must either stop bombing and leave nations to their own wisdom and struggles, or we need to actually apply real principles of freedom.
But to apply such principles, we first need to understand them. Being ruled by many thousands of U.S. federal and state government officials who either haven’t read the Federalist Papers or don’t understand them (or don’t like them) is causing major American decline.
And unless something changes, it’s going to get worse—for freedom-loving people in America as well as the Middle East. Nothing is getting fixed in the Middle East, and it won’t get fixed until actual freedom is applied.
To top off this challenge, as we become weaker and weaker in this current era of American decline, China and Russia are waiting in the wings.
The solution is simple, however. We need a new group of dedicated people who pay the price to truly understand the principles of the Constitution—and know how to apply them to any people and nation genuinely seeking freedom.
(More on this topic is contained in the upcoming book by Oliver DeMille, entitled The U.S. Constitution and the 196 Principles of Freedom: How to Write Constitutions in the 21st Century. It will be available for Christmas 2014.)
Oliver DeMille is the New York Times, Wall Street Journal and USA Today bestselling co-author of LeaderShift: A Call for Americans to Finally Stand Up and Lead, the co-founder of the Center for Social Leadership, and a co-creator of TJEd.
Among many other works, he is the author of A Thomas Jefferson Education: Teaching a Generation of Leaders for the 21st Century, The Coming Aristocracy, and FreedomShift: 3 Choices to Reclaim America’s Destiny.
Oliver is dedicated to promoting freedom through leadership education. He and his wife Rachel are raising their eight children in Cedar City, Utah
Category : Blog &Citizenship &Community &Constitution &Current Events &Featured &Generations &Government &History &Leadership &Liberty &Mission &Politics &Statesmanship
The “BIG” Problem by Oliver DeMille
July 30th, 2014 // 7:53 pm @ Oliver DeMille
The Wrong Size
The “BIG” problem isn’t just hugely important, it’s also the incredible set of challenges that are created when any institution, organization, or endeavor is just plain too big. This problem is predictable, and therefore solvable, but only if the right people are keeping an eye on the right things.
Specifically, our modern government is too big. Period. Until this problem is remedied, we will continue to see crisis after crisis after crisis, each followed by infighting, gridlock, dysfunction, and major mistakes from Washington and both parties. As long as the government tries to do too much on too big a scale, it will continue to do many things poorly.
In fact, our government reached this turning point (too big to be efficient) in the late 1960s. As Micklethwait and Woolridge put it: “By the 1970s, the U.S. government seemed to be spoiling everything it touched…” (Foreign Affairs, vol. 93, no. 4, p. 126) And the size and scope of its endeavors have more than quadrupled since.
The Two Crises
This has created two overarching crises that never seem to dissipate. In fact, they’ll continue to fester and grow as long as the government grows. First, a government too big to be effective or efficient tends to infectiously weaken the effectiveness and efficiency of everything it touches—and at the same time it habitually tries to touch more and more. This dull, inevitable march to control more parts of life and the economy (and inadvertently make them all less effective) has killed every great world power in history.
Its occurrence in the United States is now the defining characteristic of our century—for the whole globe.
Second, the bigger the government gets once reaching this point of inefficiency, the less it fulfills its primary mission. For the framers, the role of what they called the “general government” (meaning the federal government, what we now usually call the “national government” or even, tellingly, “the government”), was national security and the protection of freedom.
The framers saw no other role for Washington. It’s raison de etre was to protect inalienable rights and defend the nation. Nothing else. In fact, the Constitution was designed specifically to ensure that it did nothing else. Worried that they hadn’t quite made this certain, the founding generation then added the Bill of Rights to make absolutely sure that the federal government only did these two things.
Then, just in case they hadn’t made it clear enough, they added the Ninth Amendment to the Bill of Rights. But even then they worried that they hadn’t done enough to limit the federal government. So they added the Tenth Amendment as well: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
“We want the federal government to protect inalienable rights and maintain national security, and do nothing else!” they tried to say (the Constitution). Then, “And we mean it (the Bill of Rights). We really mean it (the Ninth Amendment). Seriously, we truly, totally, emphatically, mean it! (the Tenth Amendment).”
Richard A. Epstein wrote: “…the two central concerns of constitutional law” are “institutional structure and individual rights.” (Harvard Journal of Law and Public Policy, vol. 37, no. 3, p. 705) The purpose of institutional structure is to secure individual rights, not vice versa.
The People or the Government?
But when the focus of government becomes too big, well beyond the Constitutional powers of protecting rights and maintaining the national defense, the individual rights of the people become a resource to be bargained, traded or sacrificed in the name of institutional structure. “Think not what you can do for your country, but what your country can do with or without your consent for itself,” becomes the operating principle.
The people, the individuals, are forgotten in this new arrangement. They become a cypher, expendable, unimportant. Not citizens but voters. Not a nation of, by, and for the people, but now people for, by, and of the nation (meaning whatever Washington says). In other words, an aristocracy, where elites run the nation and control the people who live in it.
This isn’t the founding model of Americanism at all. It’s the opposite. It’s top-down government, not Jefferson’s bottom-up democracy. As such, it is fundamentally authoritarian, not a self-governing republic. This has created two natural results: national decline as the world’s sole superpower, and the decline of individual freedoms.
Both declines will continue as long as the “BIG” problem (the government is too big) persists.
The Cause
But what can be done, realistically? The federal government can be held to its Constitutional boundaries. It can be limited to national defense and the protection of the inalienable rights of its citizens. This is why the government was created in the first place, and when it tries to do anything else beyond these two roles it is both unconstitutional and also destructive to freedom, prosperity, and happiness.
The people still have the power to remedy this, in every election, if they’ll choose to vote wisely.
Note that nearly all nations in both the free and the authoritarian world are facing the “BIG” Problem. Following America’s lead, or in some cases simply striking out on their own, modern governments are drastically expanding—not sticking to their wise or constitutional limits. For example, the debt of governments around the world “…reached $50.6 trillion in 2013, compared with just $22 trillion in 2003.” (Ibid. p. 130)
At this rate, the fall of individual freedoms to the “BIG” Problem is all but ensured.
This trajectory isn’t surprising in the authoritarian nations, where elites openly rule the masses. But in the free nations, it is a relatively new development, one that began in the United States with the advent of the GI Bill after World War II. Before this time, education generally emphasized the classics and the great skills of deep reading (e.g. The Federalist), writing and thinking.
When the government began massively funding higher education, schools changed their emphasis to job and career training, and subsequent generations of Americans stopped learning to read. Of course, they gained literacy, but as a nation we lost our high level of what I’ve called Leadership Education and what E.D. Hirsch called Cultural Literacy—a deep understanding of the same things our leaders read and think about.
In fact, before 1945, the primary focus of American education was for each child, youth and citizen to read the same books and think about the same ideas and questions as their Presidents, Senators, Judges, and leading CEOs.
Allan Bloom called this momentous shift away from cultural literacy “the closing of the American mind,” and he warned that unless we reversed this trend democracy was doomed. We didn’t reverse it, and as a result, as mentioned above, “By the 1970s, the U.S. government seemed to be spoiling everything it touched…” (Op Cit)
In the 2010s, the dearth of leadership education is a wholesale national crisis. Very few people know how to really read the fine print of government any more. In such situations, rule by elites is the only historical norm.
If we are merely voters rather than engaged citizens, we vote poorly. We are swayed by media, photogenicism, and campaign popularity contests. We ignore the fact that candidates lie, or more accurately that once in office they routinely fail to live up to their campaign promises.
We become a nation of children, led around by our elite handlers, rather than a nation of adults who closely scan government actions and keep our politicians and their policies on a tight leash.
Again, the fundamental problem is that we aren’t in the habit of reading or thinking like leaders. For example, consider the following commentary from a contemporary source:
“Freedom of speech” in “freedom of speech, or of the press” means the freedom of all to speak; this suggests that “freedom…of the press” in the same phrase means the freedom of all to use the press. Reading “freedom” to mean “freedom of every person to engage in an activity” when “freedom” relates to “speech,” but reading the same word in the same place as meaning “the freedom of some particular group of people” when it relates to “the press” is not how users of the English language use these kinds of closely connected clauses…” (Harvard Journal of Law & Public Policy, vol. 37, no. 3, p. 733)
Most moderns don’t enjoy reading such paragraphs. They wonder what it is about, why it matters, and why they should read it at all. They have to dig to ascertain it’s meaning, and even then they feel a bit unsure. They consider it the kind of reading to be done by experts, not every citizen. Yet this is the argument a Supreme Court Justice used to make the case that everyone has the right to share their opinions openly—against some who argued that the only ones with this right are actually professional reporters and journalists.
This is a huge deal, with massive consequences to our freedom. Yet almost the only people who read such paragraphs are experts. In the founder’s time, the regular citizens read such ideas and discussed them at length. In our day, we don’t.
Then, when we go to the ballot box, we vote very differently than the founders or any other people who actually closely study and understand the fine print. No nation keeps its freedoms when the regular people don’t read, think, and spend time analyzing the same things as their political officials. Every nation that leaves political details to the experts loses its freedom to a professional expert governing class. There are no exceptions in history.
Yet today we are two nations: the masses, who focus on their careers (from kindergarten through retirement) and entertainments, and the elites who read the fine print and understand it—and use the education of their children to pass on these same skills and interests. This is aristocracy, pure and simple. Freedom and democracy cannot last in such a climate.
One more example, though there are thousands that could be used:
“…today we have about 5,000 federal criminal statutes on the books, most added in the last few decades [since the shift of the 1970s]. And the spigot keeps pouring, with hundreds of new statutory crimes inked every few years. Neither does that begin to count the thousands of additional regulatory crimes buried in the federal register. There are so many crimes cowled in the numbing fine print of those pages that scholars actually debate their number.” (Harvard Journal of Law & Public Policy, vol. 37, no. 3, p. 747.)
This is the “BIG” Problem in a nutshell. If people don’t know the law, how can they obey the law? If government becomes so big that only the experts know the law, we are living in an aristocracy. But when government becomes so big that even the experts don’t know the law, the nation itself is in danger. Everything the government touches weakens, and the government tries to touch everything. This is today’s America.
The Solution
The answer is to teach the current generation of youth how to read. Really read, in the Allan Bloom, culturally literate, Leadership Education way of reading. Such reading empowers the regular people to think about the same ideas the experts, government officials, and top leaders are thinking about. This creates a nation that is capable of a democratic republic, and of freedom.
No other education allows a citizenry to remain free.
This starts by teaching young people (and adults, where needed) to read the classics. Then to read the scholarly journals and other deep writings of experts and government officials. Without this skill, and this habit, freedom is always lost.
Ironically, most people reject this solution because it takes too long, and can compete with their kids’ career training. This is exactly the short-term viewpoint that is trained into the masses by conveyor-belt schooling. The elites, in contrast, make this a major priority. They ensure that their youth have a leadership education above all else. They know this is the key to their future power. Elite private schools train leadership through the classics.
People who don’t read the classics, the scholarly journals and writings, and important government documents, are part of the masses. Those who do are part of the ruling elites. The goal is to get the majority of citizens reading these things. Only then are the people the rulers, and only then is a nation free.
The “BIG” Problem can only be solved the LITTLE Solution: you reading the classics, journals and other deep writings, and government documents—a little each day. If you don’t do this, you will witness less freedom and the major decline of your nation, and even less freedom for your children and grandchildren.
Oliver DeMille is the New York Times, Wall Street Journal and USA Today bestselling co-author of LeaderShift: A Call for Americans to Finally Stand Up and Lead, the co-founder of the Center for Social Leadership, and a co-creator of TJEd.
Among many other works, he is the author of A Thomas Jefferson Education: Teaching a Generation of Leaders for the 21st Century, The Coming Aristocracy, and FreedomShift: 3 Choices to Reclaim America’s Destiny.
Oliver is dedicated to promoting freedom through leadership education. He and his wife Rachel are raising their eight children in Cedar City, Utah
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