Monday, January 12, 2009

Montesquieu on the Constitution

Montesquieu published the Spirit of Laws in 1748 and died in 1755, 32 years before the United States Constitution was adopted. The Founding Fathers relied on Montesquieu in their thinking about federalism and the Federalist Papers quote Montesquieu as an authority. Moving the clock forward 120 years, one of the questions that the Progressives raised concerned the Constitution's value. For example, Charles Beard argued, likely accurately, that the participants in the Constitutional Convention were in part motivated by concern for their own economic welfare. The model that Herbert Croly and Walter Weyl offered was one of a powerful, rationally guided state that could address emerging social problems. The fly in the Progressive ointment is its claim that rationality is possible. The history of rationality offers mixed results. The history of monetary policy, the most fundamental of political policies, has been one of error and misstep. Education policy has been a standing joke for ten decades. Simple retirement programs like Social Security and regulation of private pensions have been full of error. The Progressives misunderstood the principle of rationality. Intelligence is not primarily derived through deductive logic, but rather is learned inductively. Pragmatic experimentation is far more useful than mathematical derivation of hypotheses from clear and distinct axioms.

The Constitution works, so it would be foolhardy to reject it or to be overly aggressive in modifying it. Judicial activism is a crap shoot, and judges are as guilty of the American vice of speculative risk-taking as are Wall Street executives and real estate developers.

Montesquieu (Book V, Section XV):

"After what has been said, one would imagine that human nature should perpetually rise up against despotism. But, notwithstanding the love of liberty, so natural to mankind, notwithstanding their innate detestation of force and violence, most nations are subject to this very government. This is easily accounted for. To form a moderate government, it is necessary to combine several powers; to regulate, temper and set them in motion; to give, as it were, ballast to one, in order to enable it to counterpoise the other. This is a masterpiece of legislation, rarely produced by hazard, and seldom attained by prudence. On the contrary, a despotic government offers itself, as it were, at first sight; it is uniform throughout; and as passions only are requisite to establish it, this is what every capacity may reach."

Montesquieu on the Culture War

In Book IV of The Spirit of Laws Montesquieu discusses how the laws of education ought to animate the principles of the chief political systems, republics, monarchies and tyrannies. He emphasizes virtue as the chief principle on which education in a republic needs to focus. He describes virtue as follows:

"This virtue may be defined as the love of the laws and of our country. As such love requires a constant preference of public to private interest, is is the source of all private virtues; for they are nothing more than this very preference itself.

"This love is peculiar to democracies. In these alone the government is intrusted to private citizens. Now, a government is like every thing else; to preserve it we must love it.

"Has it ever been known that kings were not fond of monarchy, or tht despotic princes hated arbitrary power?

"Everything, therefore, depends on establishing this love in a republic; and to inspire it ought to be the principal business of education: but the surest way of instilling it into children is for parents to set them an example...

"It is not the young people that are degenerate; they are not spoiled till those of maturer age are already sunk into corruption."

Montesquieu emphasizes the importance of familial inculcation of belief in democracy, republicanism and patriotism. Yet, the American higher education system advocates academic freedom and in turn uses the academic freedom to present a curriculum that is primarily "critical".

Would Montesquieu have believed that the benefits of today's universities are worth their costs? I think not. Universities exist in order to make the nation wealthier and more successful. But there is no evidence that what occurs in universities contributes to technological knowlege in excess of universities' costs. It is likely that the subsidization of those who have contempt for freedom and republicanism harms the nation in a variety of ways--politically as well as economically.

Left Wing, Anti-Israel Egg Throwing, Hate, Violence

I just received this e-mail dated January 12 from Pamela Hall, who blogs about this demonstration (with photos) here:

This is a report just in from an associate. The persons assaulted asked to remain anonymous, but they participated in the rallies in Manhattan today:

""After walking home from the 42 Street & 7th Avenue Pro-Israel rally, I watched the Muslim rally participants march up 8th Avenue closely controlled by many NYC police to keep them moving along. Even so, it appeared that many of the young men and women were eyeing the bystanders on the sidewalk in threatening ways almost challenging
someone to disagree with their Death to Israel and God Bless Hitler chants.

I went back to my apartment where I met my boyfriend who had also just returned from the second Pro Israel rally on 39th Street & 7th Avenue. We walked outside the building and across a major midtown avenue on the West Side to buy some groceries. He was still carrying the Israeli flag and we were both wearing baseball caps with the American flag and USA on the brims. A large number of Muslims were milling around since it seems that their rally had reached its end point and was dispersing. Six Muslim men were being photographed with posters with the words, "Praise Hamas and Hezbollah, Reopen the Ovens" and were taking photos of themselves and their posters. Seeing us with the Israel flag, they began screaming, " You're assholes,
Kill the Jews, We are going to kill you, This is OUR country," etc.

We went into the corner deli and they began banging on the window and stood outside in a very threatening mob waiting for us to leave. I heard one man say, "She is a female" - very observant. I don't know what this was suppose to signal to his fellow terrorists. When we left the deli a mob of the original Muslims and others who joined
them came up to us screaming death to the Jews, and one man around 19/20 years old ran up and with force and hatred threw an egg into my friend's eye. This may not seem like much but I am sure the intent as for the egg shells to be lodged in his eye. The egg was not thrown from afar against his coat but was thrown like a rock would be - to inflict as much harm as possible. The assailant then grabbed our Israeli flag, threw it to the ground, and was spitting on it and wiping his feet on it. When we asked a traffic cop to make an arrest, the assailant ran away down the block but the traffic agent did not answer us nor did he call 911. He passively stood by doing NOTHING.

Two people standing on the street took photos of our attack and said they would email us with the photos to identity the criminals. We then walked back across the street to our building and were followed by a pack of Muslims - about 8 or 10 - who continued to threaten, mock and scream at us. They seemed surprised at our ferocious counter verbal attack. However, they came right within 6 inches of us saying
they would kill us. One of the men was about to attack me when my boyfriend saw the assault about to begin and said, "If you touch her, I swear I'll kill you." At that point the original traffic control cop came over and a second traffic agent joined him and forced the crowd to disperse. They asked us to go into the apartment building
lobby which we did.

We immediately called the police and asked to make a police report. Two NYC policemen came to the apartment about an hour later hour and took the information. They were very courteous and said they will file the report and a detective is to contact us tomorrow. They apologized for taking so long to come by but explained that there were many incidents of a similar nature that were taking place as the
Muslim rally broke up. They also shared that 2 NYC police officers had been attacked at the rally and that the Muslims are 'out of control.'

Without the photos, it will be near impossible to find the Muslims involved. Even with the photos, I am not sure if the police can find the assailant or make an arrest. I am told by an attorney friend, that just the act of following and threatening is a crime in and of itself. Whatever it takes, we'll take it as far as possible to prosecute.

Any ideas as how to pursue this would be welcome. This attack could happen to anyone. This attack happened in midtown Manhattan, a major American city on a Sunday afternoon. Our country is under attack from within. We need to do much more than attend rallies."

WAKE UP AMERICA. Can we be protected by our police? We must be concerned. We too have heard the taunts of this is their country and get out of here. We must take our country back before it's lost for good.

Murder of Children, Brought to You by Rosie O'Donnell

Jim Crum forwarded this video, which appeared on Philip Klein's blog on American Spectator.