Government

Covenant Government and the Sacred Trust of Freedom

July 10th, 2012 // 9:45 am @ Oliver DeMille

A friend recently told me that he considers family relationships much more important than politics.

He said marriage is a sacred, covenant relationship, and as such it is a higher priority than civil government.

I had two responses to this thought: First, I totally agree.

I think our families are a sacred trust and take a higher priority than pretty much anything—except our personal relationship with, and allegiance to, God.

Second, I wonder if our modern understanding of government has devolved so far from the time of the American founding that we don’t consider government a covenant or holding political office a sacred trust.

In fairness to my friend, he is a lover of freedom who cares deeply about our nation and the decline of liberty.

He is among the most dedicated students of freedom I know.

Lecturing him on anything related to freedom would certainly be preaching to the choir, and he certainly sees political leadership as a sacred trust.

But his words made me think.

Ideal government is a covenant, and was understood as such by the Israelites because of the teachings of Moses.

It was passed down over the generations and eventually became known as “The Divine Right of Kings”.

John Locke’s political treatises addressed the reality that such a divine right of any legitimate king was long lost by the time of the British monarchs.

The American founders discussed this concept at length, and the words “covenant,” “sacred,” and “trust” were widely used in connection with government.

A search for “covenant politics” in various founding writings and modern political journals will yield many interesting articles.

The word “covenant” is still used in our time—based on the legal tradition of Blackstone –in nearly every state and province of the United States and Canada in the common CC&Rs (Covenants, Conditions and Restrictions).

In Anglo-Franco-American law, a “covenant” was originally a specific kind of contract where both parties promise to do something for the other, and the contract is binding on both parties, even if one of the parties fails to perform or defaults.

Thus, there are fundamentally two kinds of contracts in law: Absolute and Conditional.

Conditional arrangements make up over 99% of contracts, where if the other side defaults the contract is void for both parties.

But the oaths of government officials are of the Absolute variety.

The founders made government service a covenant, rather than a simple contractual, arrangement.

Regardless of whether or not the people fulfill their duties, government officials are expected to do theirs—as expressed in their oaths of office.

The law also differentiates between “express” and “implied” covenants—“express” being those that are clearly written out, and “implied” being those that should be assumed by any reasonable standard of duty.

Jefferson used this concept when he sent American troops to protect U.S. citizens against the Barbary Coast pirates without any Congressional declaration of war.

He openly admitted that he had no “express” constitutional authority to take the action, but that the responsibility of presidency gave him an implied duty to protect those he served.

He followed the same line of reasoning when he signed the Louisiana Purchase.

The difference between him and some modern presidents who have taken seemingly similar actions is that he openly admitted that he had no authority, but had acted solely on his sense of duty, and he would not have blamed Congress for impeaching him as a legitimate response.

He acted according to what he considered his implied covenant duty and was willing to accept the consequences for exceeding his constitutional authority.

This clearly established the importance of covenant in governance.

Washington, Adams, Jefferson and Madison all followed the same course at different times when the chief executive had a duty to protect the national security of the U.S., and the Doctrine of National Preservation was a duty to which they were willing to sacrifice themselves on behalf of the nation.

In these cases Congress refused to exercise their check, impeachment, because they believed the leader had lived up to his Constitutional Oath to guard and “protect the Constitution of the United States against all enemies foreign and domestic.”

The law, again based on Blackstone and English legal tradition, also differentiates between “inherent” and “collateral” covenants.

An “inherent” covenant is the cause of any and all fiduciary responsibilities –meaning, a responsibility that a person takes upon himself automatically by entering into a covenant relationship.

In contrast, “collateral” covenants must be clearly stipulated and understood by all parties involved.

There is a lot more of this, but I won’t bore you with all the details, like: Joint versus Several covenants, Principal versus Auxiliary covenants, Continuing versus Dated covenants, Full versus Partial covenants, Restrictive versus Universal covenants, Usual versus Special covenants, and about 10 others that are foundational in Anglo-Franco-American legal traditions.

One that I should mention is Transitive versus Intransitive covenants.

“Transitive” consists of those which pass the duty on to the covenanter’s agents, successors, and in some cases, posterity.

This is important because it shows why some people might argue that the governance covenant may be as important as the marriage covenant.

Obviously, a covenant is a covenant, a supreme promise, so ranking them by importance is a bit ridiculous.

That said, the marriage covenant is intransitive, meaning that my spouse and I are both bound by it, but when I die, my children don’t become her spouse.

If I held a hereditary government position, such as the anointed kings of old, however, upon my death my oath and covenant of good governance would pass with full responsibilities and duties to my heirs.

Government is a covenant, or at least good, free government is.

Under the U.S. constitutional model, positions requiring an oath are transitive; for example, when a president dies or becomes incapacitated, the responsibilities inherent in the oath of vice-president devolve all presidential duties upon him.

He must receive his full authority by collateral covenant and take an official oath; but if there is a gap between when the president dies and when the oath is taken, he has the full responsibility of the office by covenant.

(Note: Responsibilities, but not authority.)

Again, this is repeated in most military and other government positions that require an oath of office.

There are really only 3 types of government:

1) government by fiat, where the strongest take power by force and rule by might;

2) government by contract, where the government serves as a mercenary, responding to the highest bidder in order to obtain a profit for government officials;

and 3) government by covenant, where the constituents delegate authority tied to responsibility and the leaders put their responsibilities above their authority.

I believe that the marriage covenant is the most important agreement in all of society, second only to our promises to God.

And, in fact, the marriage covenant often included promises to a spouse, society and God.

Marriage has huge ramifications on all facets of society, including law and politics but extending much further.

But let’s not forget that good government is also a covenant.

It isn’t a mere contract, where if the people shirk their duties the officials may simply ignore the Constitution, or where if the officials are corrupt the people can just give up and let freedom wane.

We all have a responsibility to maintain freedom, and this obligation is transitive, meaning that it is our solemn duty to pass on as much, or more, freedom to our posterity as we inherited from our ancestors.

This is, in fact, a sacred trust.

Perhaps Calvin Coolidge said it best when he declared, as the President of the United States, that, “The protection of rights is righteous.”

If this is true, and it is, what would we call the act of destroying rights or of allowing them to be lost through distraction or neglect?

Such questions are extremely relevant right now in modern America.

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Oliver DeMille is the chairman of the Center for Social Leadership and co-creator of Thomas Jefferson Education.

He is the author of A Thomas Jefferson Education: Teaching a Generation of Leaders for the 21st Century, and The Coming Aristocracy: Education & the Future of Freedom.

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 &Constitution &Featured &Generations &Government &History &Leadership &Liberty &Politics &Statesmanship

A Vital Leadership Trend that Isn’t Yet a Thing

June 27th, 2012 // 5:42 pm @ Oliver DeMille

We need a whole new level of leadership. And we need it soon. Just consider some of our pressing national challenges:

75% of current Americans worry that another recession is coming.
U.S. consumer confidence in June is at a six-month low.
The average price of a gallon of gas in the United States was $3.88 at the beginning of the year and it is $3.48 halfway through the year. Most experts predict that it will be below $3 a gallon by the end of 2012. A few say it will be above $4. Either way, we have a problem. Lower prices look like a positive trend, but they keep us addicted to foreign oil. The pattern is to jack up prices until they hurt so bad that we begin seriously seeking alternative energy sources, then ease back on prices a little until we give up on finding a better way. Then, when we’ve stopped weaning ourselves from our addiction, jack the prices up again. Only the right kind of leadership will solve this for the long term.
President Obama’s support is down since 2008 in almost every voting demographic, but it is up 2 points among Hispanics. Few election experts believe Mitt Romney can win the election—especially in the battleground states—without a significant uptick in Hispanic support. And Romney came across to many as sharply anti-immigrant during the 2012 Republican primaries. Neither 2012 presidential candidate has yet shown the will to establish a truly effective national immigration policy.
The July 2, 2012 cover story of Time Magazine reads: “The History of the American Dream: Is it Still Real?” The Asian, European and South Pacific versions for the same date held an alternative cover story: “Made in China: Why Apple’s Future Depends on the World’s Largest Market.”
A June column in Newsweek calls this year’s graduates “The Not-So-Special Generation.”
Over two-thirds of Americans want the government to use unmanned drones to hunt down criminals, but two-thirds do not want the same technology used to patrol highways and issue speeding tickets. We want more government oversight of others, less of ourselves.
A majority of Americans want the government to decrease spending, but there is little agreement on cutting any specific program.

Many other serious national concerns could be cited, but one thing is certain: We are a nation deeply in need of more, and better, leadership.

Sadly, it appears increasingly evident that our political leaders may no longer be able to fulfill this role.

The story of Barack Obama is instructive on this point.

As a lifetime liberal with long experience and connections in the progressive community, President-Elect Obama took over the White House with big intentions of reframing our national politics into a less divisive, more cooperative endeavor.

He seems to have been surprised at the vehemence of the two-party system, and how quickly the opposing party lined up to get him out of office—regardless of what he did, or didn’t do, as a leader.

President George W. Bush, who came into office with big goals of creating a more compassionate conservatism, faced the same reality—the opposition lined up against him before he proposed a single policy.

Whether you are a supporter of President Obama, a critic, or more neutral, the reality of our new politics is frustrating.

The next president, either in 2012 or 2016, will likely face the same problem.

Welcome to the new system in Washington: A president isn’t judged for what he does as much as for which party he belongs to.

We are a nation with major struggles and we desperately need great leadership, but our political system has reached the point where our top elected officials have little chance of providing such leadership.

The system simply won’t allow it.

The next campaign starts the morning after Election Day, with no break between elections and no sense of a U.S. president we’ll all follow for four years.

Today’s system is more divided: the chief executive is now widely perceived as only as the president of the Republicans or the president of the Democrats.

We are at a crossroads in America.

We need great leadership as much as at any time in our history, but our political system no longer allows it to come from Washington.

We may have reached the point where only an Independent President will be able to get anything done.

Or, another solution may be a revolution of leadership, with leaders rising from other—non-political—arenas.

This may be one of the most important trends of the 21^st Century, but it is not yet a trend.

Needed: A generation of non-political leaders to help America get back on track!

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Oliver DeMille is the co-founder of the Center for Social Leadership, and a co-creator of Thomas Jefferson Education.

He is the co-author of New York Times, Wall Street Journal and USA Today bestseller LeaderShift, and author of A Thomas Jefferson Education: Teaching a Generation of Leaders for the 21st Century, and The Coming Aristocracy: Education & the Future of Freedom.

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 &Current Events &Featured &Government &Independents &Leadership &Liberty &Politics &Statesmanship

A Third Power

June 25th, 2012 // 9:33 pm @ Oliver DeMille

Michael Strong wrote, in his excellent book Be the Solution: How Entrepreneurs and Conscious Capitalists Can Solve All the World’s Problems:

“A short history of twentieth-century economic and political thought might be summarized as:

“Market Failure! Markets don’t work as well as the classical economists thought and therefore we must control them (1900-1960).

“Government Failure! Governments don’t work as well as democratic theorists thought, and therefore we can’t depend on them to do the right thing either (1960-2000).”

Markets are excellent for what they are for! Free markets create more wealth and distribute it more widely than any other economic model.

Under free markets we always witness a large middle class.

But the market doesn’t solve all problems in society.

Nor does government.

Neither markets nor governments solve everything.

Markets create more affluence and involve more people in prosperity than any other system, and governments are the most effective entity in protecting inalienable rights and maintaining laws that allow markets to flourish.

But there are a number of things governments should not do and markets will not naturally do, and these tend to be precisely the major challenges our society faces (and seldom solves).

If we are to effectively address society’s main ills (beyond a quality standard of living for most people and the protection of our rights and freedoms), people need to voluntarily take on the world’s ills and find ways to address them.

Charity, philanthropy, volunteer service, service project and social entrepreneurship (the creation of companies or projects with the specific goal of addressing societal problems) is vital.

Government is great for what it is for, but it becomes dangerous to all when it goes beyond its proper role.

Markets are fabulous for creating affluence and helping spread it to a large middle class, but they are not focused on fixing the various societal ills.

It is up to people to improve our world beyond the natural roles of government and markets.

The discussion nearly always centers around how government should do everything versus how government should do less and leave more to markets.

But those arguing for markets too seldom go out and really implement needed solutions in our communities and nation.

It’s time to get past the old Cold War argument.

Of course government should be limited, of course markets can do many things better than government, and of course markets depend on good government policy for safety and the rule of law.

But there is another piece to fixing the world: the non-governmental, non-market driven action of individuals who see a need and set out to make a difference.

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Oliver DeMille is the co-founder of the Center for Social Leadership, and a co-creator of Thomas Jefferson Education.

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 &Culture &Current Events &Economics &Featured &Government &Leadership &Mission &Statesmanship

Type A Voters and the Simple Fix

June 7th, 2012 // 2:23 pm @ Oliver DeMille

Raghuram Rajan of the University of Chicago recently said in Foreign Affairs (May/June 2012):

For decades before the financial crisis of 2008, advanced economies were losing their ability to grow by making useful things.

“But they needed to somehow replace the jobs that had been lost to technology and foreign competition and to pay for the pensions and health care of their aging populations.

“So in an effort to pump up growth, governments spent more than they could afford and promoted easy credit to get households to do the same.

“The growth that these countries engineered, with its dependence on borrowing, proved unsustainable.”

Now many of the nations in Europe, North America and leading Asian countries are facing the consequences of their reliance on debt.

We call it the economic crisis of 2008, or the Great Recession, but it began long before the Bush or Obama administrations.

Indeed, during the Ford and Carter eras of the late 1970s, constitutional scholars widely warned of this very problem.

Sadly, their recommendations went unheeded.

It now falls to our generation to deal with the realities of over forty years of bad policy, and the economic challenges ahead will likely be worse than economists are admitting.

The problems will likely still plague our children and grandchildren in their earning years.

Raghuram Rajan suggests the following fixes:

Stop using debt as the solution to increasing demands for government and private spending
Educate or retrain the sectors of workers whose jobs are being mechanized, replaced, or sent abroad
Create government policies that encourage entrepreneurship and innovation
Reduce regulations that hurt competition
Shrink government as needed to reduce unnecessary and unproductive functions
Move beyond attacks on bonuses and “the one percent” and emphasize the need to provide more entrepreneurial opportunity
Avoid calls for stimulus

Of course, not all nations will follow identical policies, but these are the general principles of overcoming our economic challenges. Rajan’s article outlines needed changed in more detail, and one quote is worth repeating:

Americans should remain alert to the reality that regulations are shaped by incumbents to benefit themselves.

If only we could stitch this quote in needlepoint, frame it and hang it in every American living room.

And get every voting citizen to read each issue of Foreign Affairs.

We have less of a Washington problem and more of a citizen problem. Too many citizens are on vacation from our duties. We want to be Type B citizens who vote, attend jury duty and watch the news, and to look down on Type C citizens who don’t do any of these.

But freedom depends on Type A citizens, who closely watch what government does and make their influence felt.

Imagine an America where the first branch of government consists of thousands of unelected citizens who study history and the great classics, read proposed treaties, important court cases, executive orders, budgets, and top bills proposed at the local, state and Congressional levels. That’s the formula for freedom, and no other formula has ever worked—in America or in all of history.

When the people don’t actively watch out for their freedoms, they lose them.

When Presidents, Senators, Governors, Justices and CEOs have an entirely different level of education than the average citizens, freedom will decline.

Again, there are no exceptions in history. In fact, there is a word for such a divide between the education of the leaders and the education of the masses. The word is Oligarchy.

As Christopher Hayes wrote in Twilight of the Elites, “In reality our meritocracy has failed not because it’s too meritocratic, but because in practice, it isn’t very meritocratic at all…. In other words: ‘Who says meritocracy says oligarchy.’”

Hayes also noted that, according to Pew Research, Canada is almost 2.5 times more economically mobile than the United States, Germany is 1.5 times as mobile, and Denmark is 3 times as mobile.

So a young person in Denmark is three times as likely to rise from the middle to the upper class as our children in America. Indeed, the only advanced nation where such progress is less likely than in the U.S. is Britain—the modern icon of class divides.

Again, the solutions are relatively simple: reduce regulation that dis-incentivizes economic growth, adopt policies that encourage entrepreneurship and innovation, and stop relying on debt.

This will cause governments and households to tighten their belts in the short term, but long-term free enterprise will rekindle economic growth and widespread prosperity.

If only our leaders would take notice. As Hayes wrote in dystopian terms:

It would be a society with extremely high and rising inequality yet little circulation of elites.

“A society in which the pillar institutions were populated by and presided over by a group of hyper-educated, ambitious overachievers who enjoyed tremendous monetary rewards as well as unparalleled political power and prestige…, a group of people who could more or less rest assured that now that they have achieved their status, now that they have scaled to the top of the pyramid, they, their peers, and their progeny will stay there.

“Such a ruling class would have all the competitive ferocity inculcated by the ceaseless jockeying within the institutions that produce meritocratic elites, but face no actual sanctions for failing at their duties or succumbing to the temptations of corruption….

“In the way bailouts combined the worst aspects of capitalism and socialism, such a social order would fuse the worst aspects of meritocracy and bureaucracy.

“It would, in other words, look a lot like the American elite circa 2012.”

All of that would be fine, if the rest of the people lived in a society with true free enterprise. Let the super-elite act like elites always have, but let the regular people live in freedom.

Over time, freedom creates growth, opportunity, socio-economic mobility and widespread prosperity.

Alas, the elites seldom ever make such changes on behalf of the people. If we want to be free, regular people must start behaving like Type A citizens.

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Oliver DeMille is the co-founder of the Center for Social Leadership, and a co-creator of Thomas Jefferson Education.

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 &Constitution &Featured &Foreign Affairs &Government &Independents &Leadership &Politics &Statesmanship

Next…?

May 14th, 2012 // 10:16 am @ Oliver DeMille

THE NEXT BIG TREND: Pooled Sovereignty
by Oliver DeMille

I recently spent two days in a Barnes and Noble reading the bestsellers on current trends and issues. I do this as often as I can—at least three times a year.

Sometimes I emphasize business bestsellers, and other times I focus on political books.

When I was too ill to do these visits for a time, I used Amazon to order the bestsellers every four months. But I prefer the bookstore, because in addition to books it has all the leading periodicals.

How to Read a Book(store) in 4 Easy Steps

I usually find a comfortable chair and stack 20-30 volumes and magazines on the table or floor next to me. Then I skim everything that looks interesting. That’s Step 1.

Step 2 consists of reading the books and articles that really pique my interest. I read them closely, and take notes in my notebook. Step 2 takes at least three hours and sometimes a lot more. If needed, I go back for a second day of reading.

Step 3 is buying the books and periodicals I want to have in my personal library, and Step 4 is re-reading them and organizing my notes from the trip and writing as needed.

On this trip, my travel plans got delayed, so I ended up staying longer than expected. I perused the business bestsellers and added more books to Step 2. Then I skipped to Step 4 and studied three books I’d already read over the last two days.

When I do these bookstore research trips, I’m always looking for something special. I want to see developing trends, new directions, and significant key words that signal where cutting-edge thought is headed. Only once in a while do I find a truly Big Trend, one which promises to remake the future. “Pooled Sovereignty” is just this kind of trend.

Sovereignty Broken Down

Sovereignty is the final say on something, or, having the ultimate power. The American framers were so concerned with the abuses caused by the limitless power of the British government that they established America with split sovereignty.

This meant that the federal government had just twenty powers, all listed and numbered in Article I, Section 8 of the Constitution. The final say, or sovereignty, over everything else was left to the states, or to the people – and the states were limited in their respective constitutions.

The people were ultimately sovereign.

Moreover, just in case the federal government tried to ignore the Constitution and usurp sovereignty from the states and the people, the framers divided the smaller portion of sovereignty given to Washington D.C. into three branches and established checks and balances to keep too much power from accumulating in any one place.

For decades scholars, students and interested citizens from both Left and Right have warned that sovereignty is centralizing in Washington, that split sovereignty is being replaced by a massive centralized sovereignty—all power in one place.

Pooled sovereignty is even worse. This occurs where international organizations or treaties make the final decisions for the people, regardless of what national governments say. Indeed, some of the most damaging choices being made today are decided without the consent of Congress or the Supreme Court – not to mention the states or the people. They are made by treaties, the United Nations, G-20, World Bank, International Monetary Fund and other international organizations.

Most Americans turn off their thinking when they hear this list of international agencies—but the elite perk up with interest. This is where the buzz is.

The breeding ground for a global system that supports pooled sovereignty is found in top universities, and it is promoted by the bureaucratic elite in many nations. Much of what occurs in Washington only makes sense to those who understand this drift toward globalization.

The Grand Design

For example, a push for increased government spending, debt and regulation on small business (even in the face of recession and a struggling economy) make perfect sense if the goal is to shift the American economy away from international leadership to global participation—to make the U.S. economy and government more like those of Europe and Asia.

Stimulus, universal health care, less entrepreneurship (through increased levels of government regulation)—all are necessary to create an American economy that can fit seamlessly with the industrialized European/Asian nations.

Another step in this process is to end the use of the U.S. dollar as the world’s reserve currency and replace it with an IMF or other currency. The IMF has already proposed this change, and international support for it is growing.

Just to be clear: When the dollar replaced the British pound as the world’s reserve currency in the 1970s, the average net worth of nearly every home in Britain fell more than 30% the day after the change. The British economy has still never fully recovered, nearly forty years later.

If the same change comes to the U.S., we will likely experience a worse economy for the next four decades than we have over the past four years.

Unfortunately, as Forbes reported, “It’s hard for the State Department to imagine an international agreement to which America is not part.”[i] Republican and Democratic presidents since FDR have drastically decreased American freedom using treaties. This is bad for Americans, good for pooled sovereignty.

Ultimately, there are two types of leadership that can turn this around: presidential leadership, and citizen leadership.

We Need You to Lead Us

Sadly, few presidential candidates (from either party) and exactly zero elected presidents since 1959 have effectively pushed back against this growing threat.

As for the American citizenry leading the charge: find out what percentage of your friends can tell you the details in the Law of the Sea Treaty, the Rome Statute, or UN Agenda 21, and that is a predictor of how likely the people are to effectively lead.

In fact, this lack of citizen leadership means there is little incentive for presidents to take action against pooled sovereignty. Or to put this in practical terms, a half-century with a bad economy is likely ahead.

Unless something changes…

We need citizens who study what our government is doing, who read treaties and court cases and executive orders, etc. Without this, the age of American prosperity will continue to decline.

Where to start? The three books I closely studied at Barnes and Noble are an excellent beginning. If you are liberal, try Drift by Rachel Maddow. Conservatives will probably prefer Dick Morris’s book Screwed. If you’re an independent, read them both. In addition, everyone should read How Do You Kill a Million People by Andy Andrews. Just reading these books and the documents they cite would be a great study on current America.

The future belongs to our citizens—and the level of our citizenship will determine what happens in the years and decades ahead. If we are Type B citizens (who vote, go to jury duty, and watch the news), we’re going to witness the decay of American freedom and prosperity.

We need Type A citizens, who in addition to voting and jury duty also deeply study the issues, government documents and decisions our government officials are making. We can only influence things if we know what’s really happening.

And: Next?

The second day at Barnes and Noble, the intercom announced that children’s reading time was starting. I took a break from reading and walked over to see America’s future. One mother brought her small son, and she read a thick book while he enjoyed reading hour alone. I was surprised they went ahead with the reading hour when only one child showed up. I don’t know why others didn’t bring their children, and I wonder what kind of America this boy and his peers will inherit.

I asked his mother what book she was reading. It was titled—no lie—City of Lost Souls. I wish that boy had been joined by an army of his peers—preparing to lead.

All through history, free people have been nations of readers. When the people oversee the government, they remain free. When they don’t…