Category Archives: Federalism

Claremont Institute Takes up the Secession Banner

05 Tuesday Oct 2021

Posted by in American Federalism, Federalism, secession, The Passing Scene

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I have to say that after roughly 30 years of preaching the merits some form of secession, full-fledged or lite, as a solution to this nation’s intractable problems, it’s gratifying to see a growing number of Americans, prominent Americans, including those associated with major cultural institutions, picking up the banner.

The group that has weighed in the most and, well, rather improbably, is the Straussian-inspired Clarement Institute in California. Historically speaking, this institution, in keeping with the ideals of its intellectual guiding light, Leo Strauss, has extolled civic nationalism and generally held up the 16th president, Abraham Lincoln, as the architect of this civic nationalist vision.

Given that fact, the Clarement Institute undoubtedly will strike many as an unlikely bearer of neo-secessionism. Yet, in one notable respect, it supplies the perfect impetus for this struggle – first and foremost because it is far removed from any neo-Confederate association.

Allow me briefly to share my own experiences with this. Speaking as one who had been plugged into this movement over the last few decades primarily through paleoconservarive and paleolibertarian connections, I have noticed a rather frustrating, if not appalling, tendency to pursue low-hanging fruit rather to cast a wider net.

The League of the South, originally known as the Southern League, essentially a brainchild of paleocons and paleolibs, set out not only with good intentions but also workable ones. The original intention, or so it seemed to me at the time, was simply to reconstruct a constitutional case for modern secession drawing on the talents of a handful of truly eminent, albeit somewhat obscure, paleocon and paleolib writers and academics.

Granted, they were in for a long slog. Even so, they initially gathered some respectful media coverage and even managed to publish a couple of very thoughtful opinion pieces in major newspapers. A couple of more mainstream columnists, notably George F. Will, even offered a respectable comment or two.

Yet, rather predictably, the League wondered off the reservation – that is to say, the reservation of respectable discourse. The League’s founding in the mid-1990’s corresponded roughly with the raging battle over the display of the Confederate battle flag in public venues, notably the Alabama and South Carolina capitol buildings, as well as the incorporation of battle flag motif into the Georgia and Mississippi flags.

At some point early in its founding, the League’s leadership embraced the Southern Heritage activists. In fact, they embraced them so closely that the League quickly became as inextricably linked with the Lost Cause as any descendant group, the Sons of Confederate Veterans and the Daughters of the Confederacy.

I had used my small influence within the ranks to argue against this. We were going after low-hanging fruit when the top priority should have been creating a space within which neosecessionism could be discussed as openly and dispassionately as possible and within as wide an arena as possible – a national arena.

Yet, incredibly, the League was drawn into the daily warp and woof of heritage activism, attracting large numbers of people whose preoccupation almost solely was with the battle flag, which became a virtually endless topic of discussion and obsession. The League would pay an egregiously high price for this shortsightedness.

By the late 90’s an effort was made to break out of this impasse through the formation of a Southern Party, an effort that aimed to be disruptive, namely by advocating peaceful secession as the keystone of its platform, one which, in many ways, incidentally, anticipated the nationalist/Republican agenda of the present day.

Yet, this movement quickly succumbed to heritage activism too.

Following the collapse of the Southern party, I effectively exited the Southern movement and conceived my own alternative idea that was dubbed “Home Rule for Dixie,” one that advocated an entirely different approach to Southern identity and secession. I called for nothing less than the abandonment of neo-Confederate dogma entirely.

As I contended, any new expression of Southern identity and secession not only must be built from the ground up but also on new foundations, actually predominantly American ones. As I and a few others in the Southern movement had realized, most contemporary Southerners, while immensely proud of their region as well as being Southern, simply no longer related to the Old Confederacy in any meaningful way. No, for Southerners, any Americans, for that matter, to be won over to the merits of secession, the arguments would have to be marshaled within a distinctly American context and with the firm assurance that American values, including racial tolerance and good will, would be preserved.

This is why I salute the valiant Claremont Institute. It not only has taken up this banner but has resolved to carry on the struggle within a context and employing language that more Americans can understand.

America’s Judicial Impasse

28 Sunday Mar 2021

Posted by in American Federalism, Federalism, The Passing Scene

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I wrote a piece along very similar lines weeks ago, only this writer has said it much better.

In terms of the Supreme Court, we have witnessed a fascinating playing out over the past two centuries. In many respects the heightened prestige of the court and, even more significant and troubling, our increasing reliance on it, speaks volumes about the breakdown of American federalism. In many notable respects the court has come to redress the ineffiencies of the legislative branch, which the Founders envisioned as serving as the principal, if not sole, source of domestic policy making.

However, the legislature simply is ill-equipped to serve a federal system this vastly extended and, frankly, unwieldy and increasingly inefficient. Yet, as this columnist stresses, political and cultural divisions in this federal union are now so acute that the Supreme Court has to be extremely judicious about the issues it adjudicates, lest it destroys its remaining reservoirs of legitimacy.

The consequence has been increasing judicial branch impasse. And this raises the question: What element of federal power is capable of resolving what ultimately could prove to be an existential black swan crisis, one that even may involve the viability of the Federal Union?

History Does Repeat Itself

16 Tuesday Mar 2021

Posted by in American History, Federalism, The Passing Scene

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Oregon State Capitol in Olympia

Way back in the mid-1970’s, I and my fellow classmates at Russellville Junior High School were blessed with an unusually gifted and dedicated 8th grade history teacher named Mary Alexander.

Mrs. Alexander, now long deceased, loved pointing out the irony of history, particularly in terms of how facets of it – whether these happened to be political or cultural  ideals or ways of doing things – often re-expressed themselves at times when we least expected them, even when we thought that they had become discredited or simply had played out.

I never forgot her lesson. Indeed as an avid reader of history I am reminded of this on a frequent basis. Just when we think that some ideas have been discredited or forgotten and, consequently, consigned to history’s ashbin, they return with a vengeance, even with the sense of vibrancy and relevance that had distinguished them in previous decades or even centuries. 

The rekindling of American federalism and even, perish thought, states rights, serves as an unusually timely example. I grew up at a time when federalism expressed as states sovereignty seemed throughly discredited.  What seemed to have been an inexorable march toward human progress, LBJ’s Great Society programs, locked arm and arm with the civil rights struggle and the federal courts’ efforts to expunge the stigma of racial discrimination, seemed to have dealt, if not a fatal blow to states rights, at least a searing defeat that would leave this constitutional doctrine in what amounted to a semi-comatose state.

We were assured by teachers at every level of public education that states rights was a relic of the past – not just a quaint but even a disquieting one. I recall several political science courses in which the professor, a Great Society liberal, likened federalism to a marbled cake.  The federal government was the cake, though states provided measure of enhancement, sort of like chocolate marbling.

Yet, history seems to be repeating itself with a vengeance. In the face of American federal impasse and national division, states, large and small alike, are reasserting the themselves. As I have pointed out on numerous occasions on this forum, it started more than a decade ago when then-California Gov. Arnold Schwarzenegger began characterizing his state as something resembling a nation within a nation. He successor, Jerry Brown, even began conducting a kind of incipient foreign policy related to climate change.

Recently, a prominent GOP leader, Allen West, has lobbied for a secession vote in the Texas State Assembly, a move that at least one GOP leader in another Western state characterizes not only as a positive move but also one that bears close watching.

More recently in Oregon, state Sen. Jeff Golden (D-Ashland) has proposed legislation that would reintroduce a state bank concept for Oregon, primarily with the aim of serving as a backstop for community banks and credit unions.

Golden holds up the Bank of North Dakota as the model for his efforts, stressing the role that this bank played in minimizing foreclosures during the Great Recession.

The Washington Post reports that small businesses in North Dakota, compared with their counterparts in other states, were ably served by this model. In fact, they secured more Paycheck Protection Program (PPP) loans relative to the state’s workforce than other states, with more than $5,000 per private-sector worker as of May 8, 2020.

Yet, why is all of this surprising? States, by their very nature, possess the accoutrements of nationhood. And this is as much a matter of practicality as a historical fact.

As a student of constitutional history, I not only find this fascinating but also instructional in terms of how it underscores the increasing inefficiency of centralized federalism. If developments  such as these demonstrate one thing, it’s that no central government, certainly one so big, bloated and overextended  as the imperial behemoth in Washington, possesses the omnicompetence to manage a polity of the scale of the United States.

The late Mrs. Alexander was spot on: History does repeat itself.

An Increasingly Reluctant Panel of Last Resort

26 Friday Feb 2021

Posted by in American Federalism, Federalism, Imperial Decline, The Passing Scene, Uncategorized

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The U.S. Supreme Court Chamber

There has been a lot of chatter lately within conservative and libertarian circles about the increasing dysfunction that has set into our judicial branch, which, however ill-advisedly, now regards itself as the Union’s defender of last resort.

Lots to unpack here but I’ll return to something that I have argued before in this forum – something that was driven home to me years ago reading British constitutional scholar James Bryce’s appraisal of the American constitutional system in his classic tome The American Commonwealth, first published in 1888. Even way back then, Bryce had perceived how dysfunctional and unwieldy the federal legislative branch had become in the face of the nation’s rapid demographic and geographic expansion.

By the late 19th century it was impossible for the House of Representatives to function as a bona fide legislative assembly. Virtually all of its vital daily work was conducted via committee with all of the backroom Machiavelianism this entailed. Meanwhile, the Senate had grown far beyond its ability to function as a comparatively small, elite advisory council to the executive branch, as conceived by the constitutional framers.

By the late 19th century the judicial branch, embodied in most American minds then and now as the Supreme Court, one that was given comparatively short shrift by the Constitution by its framers, was poised for its ascent to the commanding heights of American politics and culture.

Its earliest custodians, notably Chief Justice John Marshall, had, like all elites in virtually all political systems throughout history, engineered the first tenuous steps toward an accretion of power beginning with Marbury v. Madison.  But even Marshall, careful to avoid overreach and the backlash that inevitably would follow from the majority Jeffersonian camp, stepped away from one especially contentious constitutional issue of the day, conceding, however reluctantly, that the recently enacted Bill of Rights applied only the the federal government, not to the states.

The most libertarian- and constitutionalist-minded of early American statesman expressed qualms about enacting an explicit statement of rights, fearing that it ultimately would be construed by Congress or the courts as affecting state as well as federal authority.

These fears rather predictably proved prescient, following the post-Civil War passage of three constitutional amendments – the 13th, 14th and 15th – that set the Supreme Court firmly on the path toward the enunciation of the Incorporation Doctrine, which effectively worked to erode the states’ sovereignty, reducing them to de facto provinces.

Equally significant, though, is how the Supreme Court has employed the Incorporation Doctrine with many subsequent expansionist rulings in a manner that essentially has transformed it into a de facto supreme governing council – effectively, the American Union’s final arbiter.

What many observers surprisingly overlook, no doubt, intentionally in the vast majority of instances, is that the court employs enhanced powers partly to compensate for the dysfunction of the legislative branch, which the Framers regarded as the well-spring of federal policy, not to mention, the branch charged with safeguarding the balance between state sovereignty and that which had been delegated – conditionally, it should be stressed – by the states to the federal government.

The behavior and public pronouncements of the current Supreme Court Chief Justice John Roberts and and his immediate predecessors seem to reflect this fact.  The case could be made that the court has been aware for decades of the role it has served, however unconstitutional, in shoring up the deep dysfunctionality of the legislative branch, one whose efficacy has been badly eroded within the past century and a half but especially in the years after World War II when the United States emerged as a global empire..

Yet, increasingly, the Court finds itself hemmed in, if not trapped, by the demographic and cultural changes overtaking the country, many of which are of its making. One recent example: It’s decision following the 2020 election not to hear the case lawsuit challenging late changes to Pennsylvania’s election process.

Despite a thunderous dissent by Justice Clarence Thomas, two justices previously regarded as being in the tank for the right, Brett Kavanaugh and Amy Comey Barrett, voted with the majority. And why should we find that at all surprising? Given the way the Mainstream Media organs characterized Thomas’ opinion as dissent bordering on sedition, it’s easy to discern why a court that they regard a majority conservative one has gotten into the habit of carefully hedging its bets.

SCOTUS, to employ one of the  Orwellian Newspeak-style terms that characterizes so much of cultural and political discourse now days, is walking an increasingly thin rope. It carries on what it undoubtedly regards as a lofty and valiant struggle to safeguard not only a dysfunctional legislative branch but an increasingly divided, if not fraying, American Union. Yet, as a marginally conservative court, regarded as illegitimate by many, if not most, of our Mandarin class entirely for that reason, it imposes limits on the manner in which which it weighs in on the most pressing issues of the day.

This amounts to one of the most remarkable ironies in U.S. political history: The judicial branch that, at least for the last century, has regarded itself as the panel of last resort and that has played a major role in the sweeping changes within American society, now feels constrained and even threatened by this transformation – so threatened that is now limiting its judicial activism.

This raises a troubling question: Who mans the rudder of state, certainly during an extreme national crisis? If the legislative and judicial branches have been rendered either too dysfunctional or too threatened to step in during a major upheaval, who will?

It serves as another reminder to me and many other red heartlanders of the precarious times in which we live.

Avoiding an Irish or Balkan Scenario

22 Monday Feb 2021

Posted by in American Federalism, Censorship, Federalism, Imperial Decline, The Passing Scene

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“As the nation reckons with its racist history, legislation calling for the removal of Confederate commemorative works from national parkland is likely to be reconsidered this year,” solemnly writes Kim O’Connell of the National Parks Traveler.

She adds that “one might be forgiven for believing that the South won, based on a reading of the monuments alone.”

In that case, I’ll never set foot on a federal park again. I’ll even go a step further by expressing my fervent hope that young Southern men and women withdraw their support of the American imperial enterprise, opting not to serve in any of the branches of the American military – yes, refusing to support the geopolitical interests of a government that resembles less a constitutional republic, more a tyranny with each passing day and, like many earlier empires, sustaining its power by pitting one cultural segment of society against another.

What is conveniently ignored by writers such as O’Connell in the midst of this proto-totalitarian woke struggle is that national unity and the ultimate construction of what amounts to a global American empire was secured through the construction of thousands of such monuments in town squares, cemeteries and, yes, national parks in every corner of the vanquished Confederacy.

It ultimately was achieved only  because the Northern conquerors concluded, however half-heartedly, that post-war unity was achievable only through an acknowledgement of the bravery and sacrifices of the Confederate fighting man.

Without this acknowledgment, the South very well could have ended up as the American version of Ireland or even the Balkans, a soft, vulnerable underbelly of an aspiring empire. And given where we are heading with all of this neo-Puritanical cleansing, we may end up with something resembling Northern Ireland during the troubles or, even worse, the past Yugoslavian Balkans.

Flummoxed by Secessionism

20 Saturday Feb 2021

Posted by in American Federalism, Federalism, Imperial Decline, secession

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President Ronald Reagan at his inauguration in January, 1981. Shortly thereafter he made an impassioned call for returning to federalism but faced opposition even from GOP governors.

To repeat a phrase that I have employed several times in this forum, the American Empire simply is too big to succeed.

Indeed it is the reason why an awareness of the increasing likelihood of secession is becoming the proverbial elephant in the living room, certainly among the growing numbers of us ordinary Americans in the red heartland who perceive what our malignant ruling class ultimately has in store for us.

Yet, I have been intrigued by how mainstream conservative commentators, recently Podcaster Dan Bonjino, have been absolutely flummoxed by this emerging  phenomenon. It undoubtedly is as readily evident to them that secessionist sentiment is spreading, yet they hold steadfastly to the same hidebound argument that a return to federal principles will resolve all of this.

Notions of American exceptionalism inevitably will die hard, but then, conservatism in America is deeply rooted in this mindset. And given that so much of what passes for conservatism on this side of the Atlantic is rooted in propositional nationhood, this really isn’t all that surprising.

Interestingly, conservatives seem to have forgotten that previous attempts to restore old-time federalism have proven futile. Incoming President Reagan, way back in 1981, undertook a concerted effort to return to bona federalism, offering to return welfare policy back to the states. Virtually all the governors balked, stressing that  their states lacked the revenue base to support a safety net that dates all the way back to the New Deal and that people, blue and red alike, expect as matter of course.

That is why I am convinced that the political dynamics in this country ultimately will necessitate a secessionist movement that ultimately takes on regionalist rather than state unilateral action, as the late diplomat and political thinker George F. Kennan portended in his own writings.

We will likely see states banding into regional compacts, forming what could be described as incipient federations. These conflicts ultimately will prove essential to preserving some facet of the social safety net to which virtually every American has grown accustomed over the past century.

Whatever the case, to borrow a line from the late Betty Davis, “Fasten your seat belts – it’s going to be a bumpy ride!”

Toward a Detoxified, Humanized Federalism

28 Thursday Feb 2019

Posted by in American Federalism, Devolution, Federalism, Southern History, The Passing Scene, U.S. Politics, Uncategorized

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pluribus-unumMuch like the fall of the Berlin Wall and the Tiananmen Square protests, the result of the 2016 European Union Referendum — Brexit, as it’s commonly called — will be one of those memories that stay with me the rest of my life.

Late in the night as the Leave vote amassed an insurmountable lead, I reflected on how Brexit likely would constitute a wakeup call not only for the European Union but possibly for the American Union too.

I was motivated as much as I was inspired by the results.  The next morning, I got busy setting up a devolutionary weblog as a forum for discussing how the Brexit outcome likely would affect federalism in the United States.

Reflecting weeks later on how the results of the referendum had galvanized Scottish nationalist sentiment, I also began to wonder if Britons would take up a serious discussion of drafting a constitution for a new federal British union encompassing England, Northern Ireland, Scotland and Wales. And this led me to speculate about whether such a union of sovereign states ultimately would inspire one or more American states to demand a return to the principles of state sovereignty enshrined in the Constitution, particularly in the Tenth Amendment.

Sclerotic, Dysfunctional American Federalism

Brexit should have been regarded as a wake-up call for all Americans.  Indeed, American federalism is arguably just as sclerotic and unresponsive to present-day needs as its European Union counterpart and perhaps equally as imperiled.

Challenges to American Federalism

Some of the maladies associated with American federalism date back as far as colonial times, while others have emerged considerably more recently. The deep cultural chasms stemming from the Civil Rights Movement and the Vietnam Conflict some 50 years ago certainly have contributed. But so have more recent technological advances, namely, the demassification of media that followed the expansion of cable television within the last 50 years and, more recently and significantly, digitization, particularly social media.

These new media, despite all the good that they have produced, have added an extra layer of complexity to our cultural and political discourse. For better or worse, they have enabled growing numbers of Americans to self-organize into a myriad of subcultures.

Demassification has also compounded the challenges of our current federal model. In the face of this demassification, our highly centralized and sclerotic federal system has only grown more unresponsive, unworkable and even toxic, contributing to the deep regional and cultural divisions, particularly as they are expressed at the national level.

Some readers may regard such disparaging talk about our federal system as shocking.  After all, many Americans tend to regard our Constitution and the institutions and mechanisms that developed out of it as truly singular, if not beyond reproach.  To characterize these vital components of our constitutional system not only as unresponsive but even unworkable comes off sounding, well, downright un-American, if not treasonous, to many.

Deep Cultural Cleavages

Yet, the time for a frank dialogue about the inadequacies of our federal system is long overdue.  American federalism, despite its many notable successes over the last almost quarter of a millennium, has never managed to compensate fully for the deep cultural cleavages that have challenged this country from the very beginning.

Author and columnist Michael Malice was right and, I would contend, rather courageous, to argue that one part of the country, which could be broadly described as the cultural and political heirs of Puritan New England, have spent almost a quarter of a millennium trying to impose their vision of the American Experiment on the part of the country that traces its cultural and political legacy to Jefferson and that could be broadly characterized as the South.

He even argues that America was never that united a nation in the first place. Even in those rare times when we have enjoyed a measure of ideological unity, we have seldom marched in cultural lockstep.

And why should that come as a surprise?

The Failures of Centralized Federalism

Ponder this fact for a moment: The United States now possesses a population of 300-plus million people spanning a continent-sized country, the fourth largest in the world. Yet, we are governed on the basis of a badly antiquated federal model conceived a century ago by a progressive-minded political scientist named Woodrow Wilson, our 28th president.  He and other academics concluded that the country would be better off divesting states and localities of many of their traditional responsibilities, entrusting these instead to a central government manned by technocrats steeped in the emerging insights of social science.

Even today a few proponents of this centralized model would steadfastly contend that the wisdom of these reforms were affirmed by the degree to which they guided us through two world wars, the Cold War, and the Civil Rights Movement.  In the interest of time and space, I’ll defer that topic for a later date.  Suffice it to say that this model is showing its age in the highly diffused and decentralized economic, political and cultural environment of the 21st century.

America’s Oldest Cultural Impasse

Yet, as Malice stressed in his column, the deepest and most intractable problems associated with American federalism stem from the longstanding regional rivalry and animosity between the political and cultural heirs of New England and the South, two regions with competing visions of the American Experiment.

The fact that New England emerged as the nation’s most culturally preeminent region after the Civil War should surprise no one.  Historical research has revealed that New England was the most literate region on the planet following American independence.  Its emphasis on mass education, particularly higher education, afforded the region immense intellectual and, ultimately, material advantages over the agrarian, slave-holding South and parts of the emerging American Back Country.  And even today, this region and other sections of the country directly shaped by its cultural and political vision continue to project their aspirations onto the rest of the country, particularly the South.

To be sure, the South, despite its statesmen supplying the theoretical foundations for many of the founding principles of this country, not to mention, the fact that seven of the first ten U.S. president were Southern, was encumbered by an slave-holding economic system that impeded economic diversification and, as a result of which, provided Southern political elites with less incentive to educate the region’s farming and laboring classes.

The South’s economic disadvantages proved disastrous over the long run. Following the South’s defeat and economic dispossession after the Civil War, New England and its regional offshoots emerged as the nation’s unrivaled cultural and political hegemons.

If one good thing besides the end of slavery followed this disastrous outcome, it was how defeat provided an impetus for the defeated and economically prostrate South to reinvent itself. One even could argue that the South owed its New England counterparts a debt in terms of its being forced to abandon an economic system that had sapped its intellectual and economic potential for some two centuries.

Lessons from Ireland and India

Yet the story is a bit more complicated.  The case can be made — and has time and again throughout U.S. history by Southern political leaders, academics, and writers — that certain traits bound up with the New England cultural legacy have also worked to exacerbate American unity as much as they have mitigated them.  Virtually from the founding of this country, the cultural heirs of England, many of whom comprise the core of this nation’s current ruling class, have tended to regard the South as the nation’s problem region, fit, in a manner of speaking, only to don the dunce’s cap and to sit on a stool of everlasting repentance.

As they see it, the South comprises the central, defining core of the worst aspects of the American cultural legacy, reflected in gun ownership, religious dogmatism and reactionary conservatism.  And, predictably, this animus has sparked a reciprocal reaction not only in the South but in other so-called red-states, many of which not only share significant cultural affinities with the South but also lay equally strong claims to the Jeffersonian legacy of strictly limited government.

Speaking as an amateur student of history and particularly of 20th century nationalist movements, I’ve always found it remarkable that this cultural animus never sparked enduring nationalist sentiment in the defeated, post-war South comparable to what emerged in Ireland beginning in the late 18th century — or, for that matter, India, in the 19th century.

Whatever the case, I think it behooves Southerners and, for that matter, inhabitants of other red states that share strong ties to the Jeffersonian political tradition to reflect on all of this constructively.

History has demonstrated time and again that conquest and economic dispossession are not one-way streets. Even the inhabitants of conquered lands sometime derive immense cultural, material and even political benefits over the course of time.

Many a contemporary Irish or Indian citizen would concede a considerable debt to the British colonial legacy.  Deep historical scars remain, yes, but despite all of this, they credit their former British hegemons with a few things of estimable value: a national communications and transportation infrastructure as well as a legal and parliamentary tradition, which provided both aspiring nations with critical facets of nation-building. These factors contributed immeasurably not only to a united Ireland and India but to their becoming singularly successful parliamentary democracies.

Southerners likewise owe their New England cousins a measure of debt.  New England’s intellectual and material advantages not only proved instrumental in defeating the South but also were major factors that forced the region over the course of time to undergo much needed economic diversification.  But even before the war, New England’s rich religious legacy also left an indelible mark on the South and much of the Back Country.  Indeed, much of the impetus behind the evangelical religious revivalism in the South and the rest of the American frontier were incubated in New England.

Well-Articulate, Vibrant Regional Identities

No doubt about it: Every region of the country, even the relatively disadvantaged ones, have benefited from American federalism.

Yet, this doesn’t obviate the fact that we now regard ourselves as a deeply sundered and increasingly embittered nation, increasingly divided by religion, culture and politics. Indeed, we have arguably grown even further apart within the last couple of years following Donald Trump’s electoral upset.  And this division is exacerbated by the very nature of Wilsonian model of centralized federalism.  Each side of the great political divide in American, blue and red America, still harbors hopes that they ultimately can harness this centralized federal model to impose their will on the other.

As Malice stresses, this has prompted growing numbers of us to ponder the unthinkable: the merits of breaking up this big, increasingly unwieldy federation into smaller, more manageable, and arguably more humane political entities.

Indeed, if an increasingly restive, assertive California has demonstrated one thing , it is that the South’s preeminent Founding fathers, Thomas Jefferson and James Madison, were right all along.  Even at a time when America was overwhelmingly Protestant and culturally British and thoroughly wedded to a single language, these two men categorically rejected centralized federalism on the basis that a country as large and diverse as the United States simply could not be managed centrally.  For his part, Jefferson even occasionally wondered out loud whether liberty ultimately would be best secured across this vast continent through an aggregation of smaller republics, all sharing common cultural and political affinities, all pledged to securing the blessings of prosperity and liberty for their citizens.

In the midst of all these wrenching, seemingly intractable divisions, we are being challenged to return to questions that once preoccupied our Founding Fathers.

We are being called upon to search for ways to detoxify and humanize our federal system. But how?  How do we best govern ourselves in an age of sweeping media demassification?  What political relations are best suited to securing liberty and fraternity among Americans of diverse backgrounds stretched across a vast distance?  Are these relations best secured by some version of Madisonian federalism — a large republic encompassing smaller republics — or are the times calling for a more radicalized, Jeffersonian view?  Has our current political union grown so large, so diverse and so ungovernable that we would be better off living in smaller federations, each of which arguably would be better designed and equipped to serve human needs?

Some readers may regard this last question as needlessly cynical and unpatriotic, if not downright treasonous.  But I would argue that engaging in a frank discussion now about the future of our political association may better ensure that we avoid a disastrous impasse, if not a breakup, further down the road.

Yes, I believe that the cultural and political divisions in this country really are that deep and wrenching.

We must find a way not only to detoxify American federalism but also to humanize it.

 

 

Why We Can’t Whistle Dixie Past the Graveyard of American Unity

27 Thursday Dec 2018

Posted by in Devolution, Federalism, Patriotism, Southern History, Uncategorized

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Grant-Christian-MuralSome 37 years ago, the eminent Southern writer John Shelton Reed posed an intriguing question: Why No Southern nationalism?

I have thought a lot within the last 25 years about the prospect of a renascent Southern nationalism in the face of American decline. And, yes, the South, for several reasons, simply must represent a vital and essential facet of discussion about the future of American constitutional liberty in the midst of this decline.

Here is the problem as I see it: There currently is no coherent Southern nationalist identity to speak of, at least presently. What we currently have in the South is a sense of Southern distinctiveness and identity amid a deep well of hyper-American patriotism, one that is particularly evident in the Deep South, where I live. To put it another way, we have nationalism IN the South but not nationalism OF the South.

Southern Historical Roots

Much of this is deeply rooted in Southern history.

In the last decade of the 19th century, as the South dug its way out of defeat, economic dispossession and grinding poverty, the United States not only was regarded the world over as the most successful post-colonial nation but also the one most likely to overtake and to supplant Britain as the dominant global power.  Reed rightfully noted that this prospect appealed especially to the defeated and economically prostrate South, which retained a strong martial tradition and an enduring affinity for cultural rootedness and identity.

Also, as he stressed, the South’s enduring racial legacy certainly has played a significant role in detracting Southerners, black and white, from forging a strong regionalism comparable to Welsh or even Scottish identity. Indeed, the fact that the South’s legacy remains the focal point of the so-called Culture War has only reinforced the Southern penchant for embracing a wider American identity rather than a distinctly Southern one.

One could argue that the Culture Wars, far from driving Southerners away from American identity, has intensified this sense of hyper-American patriotism.  The left’s unrelenting assault on Confederate symbolism and the Confederate legacy in general has only worked to drive many Southerners, particularly younger ones, away from anything that smacks of a distinctly regional identity.

The South’s Evangelical Christian Legacy

The present-day cultural struggles within Evangelical Christianity have also reinforced this disposition. This brand of Protestant Christianity has historically served as the de facto state religion of the South and still comprises its moral and ethical cultural ballast. Yet, the largest and most culturally influential Evangelical faith, the Southern Baptist Convention, not only officially decries the display of Confederate symbolism but even has considered whether to retain Southern in its name.

It’s worth pointing out that Evangelical Protestantism has never served the South in terms of supplying a nucleus of cultural identity, certainly not in the way that the Catholic Church has historically sustained the cultural and national identities of Ireland and Poland.   And considering the frontier roots of Evangelicalism, that’s not surprising. Evangelicalism, a product of Back Country settlement, was incubated in an environment of strong cultural deracination, just as Southern pioneers were settling the region.  Southern identity is not fused with Evangelical Christianity in the way Irish nationalist identity is Catholicism or Russian identity is with Eastern Orthodoxy.  And the faith’s strong emphasis on soul competency at the expense of tradition and church authority only reinforces this tendency.

The View among Rank-and-File Southerners

A survey of Southerners randomly chosen from the various socio-economic levels would support these arguments.  Most native-born Southerners — whites and, no doubt, a respective number of blacks — are proud of being Southern.  They feel a sense of rootedness with Southern culture, with its faith, its cuisine and particularly with its sports traditions.  Undoubtedly, the minority of those who have followed closely the growing levels of political and cultural acrimony in this country and who have  considered their long-term implications would acknowledge the South as the region of the country best suited to restoring the founding principles of American constitution liberty in the aftermath of some of federal breakup.

But the vast majority of these Southerners, especially the middle-class, college-educated ones among them, would express these views within a decidedly post-racial, post-Confederate context.

This is the great paradox facing the 21st century South.  The region, because of historical and cultural cultural distinctiveness, represents the best prospect for restoring a viable counterweight to the culturally corrosive liberalism now represents this country’s regnant culture and political ideology.  Yet for such a restorationist movement to survive and grow, it must remain explicitly American and not take on so much as a tincture of Confederate restorationism or symbolism.  In time, Southerners could and undoubtedly would conceive a national identity with a more distinctly Southern hue, though one explicitly post-Confederate in nature.

What emerges over time likely would resemble a kind of symbiotic nationalism, one in which an over-arching American identity provides a safe harbor for a uniquely Southern national identity to emerge, one deeply rooted in the region’s culture and faith.

Lessons from Ireland and Taiwan

We can draw lessons from other countries around the world.

Historians have observed that the late Edward Carson, the father of Northern Ireland was arguably as much an Irish nationalist as Eamon de Valera or Michael Collins, only he perceived the British Union as the most congenial context for preserving Protestant Irish identity.  Protestant identity on the island has been sustained through affiliation with a wider sense of British identity.  But the case also could be made  that Catholic and Protestant Irish identities have co-existed in Northern Ireland only because of the adhesive effect British identity has provided.

There is an added lesson here for Southerners:  If the American Union ultimately splits into smaller federations, maintaining a kind of  residual American identity in the South very well could provide the basis on which black and white Southerners can forge a new distinctly Southern identity.

There are also lessons to draw from the besieged Nationalist Chinese redoubt on Taiwan.  Some 70 years ago, the forces of the Republic of China vacated the mainland and established the government on the Island of Taiwan. Initially, this island remained officially Mainland Chinese.  Over the course of time, though, as this exiled republic became more democratic and materially prosperous, it provided a harbor for the formation of a strong, home-grown Taiwanese identity.

Today, Taiwanese identity exists in two forms: a soft nationalism, combining elements of both Chinese Mainlander and Taiwanese identities and that emphasizes separateness of the Taiwanese people, though without necessarily eliminating the official name (The Republic of China), versus a much more explicit nationalism calling for replacing the current official name with “The Republic of Taiwan” and seeking United Nations recognition as a fully sovereign nation separate from Mainland China.

Preparing for the Possibility an American Breakup

Granted, we can’t predict what the future will bring for the South and for the United States in general. Even so, we all should be fully cognizant of the growing number of columnists and other public intellectuals on both ends of the American political spectrum who are taking note of the perilous state of American unity.  We must begin preparing for the possibly of an American breakup.

For us Southerners, the prospect of an American breakup forces us to consider this remarkable paradox:  that the South, because of its very uniqueness, represents the best prospect for restoring a constitutional republic in the aftermath of an American federal crackup.  But we can’t assume that this will initially take any form other than one largely American in substance.

The days of saving Confederate dollars and pining for the Confederate restoration are long gone. In time, we will build a distinctly Southern edifice, though one that closely comports with the realities of the 21st century.

To put it another way, we can’t afford to whistle past the graveyard of American unity, and we sure can’t be whistling Dixie.

 

The Mainstreaming of Secession

26 Wednesday Dec 2018

Posted by in American Federalism, Devolution, Federalism, Uncategorized

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texas-capitol

Texas: One of several states harboring a nascent secessionist movement. 

I’ve been bowled over the last few weeks reading the growing number of articles in which mainstream columnists are finally coming to terms with a reality that I embraced more than a quarter century ago: the likely, if not inevitable, transformation of the  American Union into a much looser federation or into a number of smaller nation-states.

Predictably over the last quarter century, I’ve even been labeled everything from a neo-Confederate and a racist to a secessionist and traitor for subscribing to such views.

Actually, far more prodigious intellects, notably, the late George F. Kennan,  foresaw this inevitability years before I did.

I, for one, and despite my conservatism, respect the right of California and other left-leaning states to experiment with different domestic policies. I hope when all the chips are down that these enlightened blue-coast cosmopolitans will afford their counterparts in the red American hinterland the same courtesy.  And lest we forget, that was the concept behind American federalism:  that states possessed the attributes of nationhood but had chosen out of a desire for self-preservation against Britain and the other maritime powers of Europe to delegate a comparatively narrow range of powers to a general government that operated on behalf of the states.

Aside from all the constitutional arguments, there just comes a point when people outgrow relationships, whether these are business contracts, civic groups, friendships or marriages.  And the simple fact of the matter is that America is simply too damned big and diverse to govern, at least, based on the cookie-cutter approach that Woodrow Wilson and the progressives devised for us roughly a century ago.  We have reached the point where cultural evolution throughout through Europe and America has outstripped the ability of the central government to keep pace with it.

I really believe that.  In fact, I think that this is one of the inherent flaws in federations: The constituent parts are often inherently fissiparous, with their own highly evolved cultures and political ideologies.  These constituent parts don’t stop evolving when they enter into a federation: Their cultural and political evolution continues apace, sometimes to the point at which they feel compelled to question the utility of their relationship with the other members of the federation. Maybe it’s time for us to take into account that incontrovertible fact whenever we undertake the design and execution of another federation.

How close is America to a crackup?  I’m not sure.  Even so, I do believe that in many notable respects, we are drawing close to where the beleaguered Soviet Union found itself in about 1990.  Either we find some way to renegotiate federal arrangements in the United States by devolving more power back to states and, most important of all, localities, or we face a situation where internal pressures build up to a degree that states and regions take it upon themselves to address these problems.

Deep-blue California’s nullifying tendencies vis-a-vis the policies of the Trump Administration are merely a taste of what is to come.

In fact, in an unusually comprehensive and informative column posted in the Intelligencer recently, one perceptive columnist, Sasha Issenberg, predicts that growing number of states may enter into interstate compacts to work through a number of intractable domestic problems.  In the end, the United States may comprise up to three de facto federations: blue, red and neutral, each conducting their own unique domestic policies, while remaining parts of the United States.

Yet, even this columnist concedes that these de facto arrangements will only work for a time before the internal stresses build up and rend apart these federations, forcing each to move close to becoming bona fide countries.

For his part Kennan offered a sort of middle way, one to which I’m sympathetic: a union of about 15 or so constituent republics, to which the bulk of domestic powers would be entrusted, leaving the central government to run a common market and defense pact.

Whatever the case, we are very possibly approaching a constitutional impasse in which large states, particularly California, increasingly will assume more and more powers on their own, drawing us closer to a Soviet scenario. By that I mean that, despite our attempts to stay ahead of the problem by introducing institutional reforms, the country inevitably comes apart.

 

Jefferson as Post-National Prophet

15 Thursday Mar 2018

Posted by in American Federalism, American History, Devolution, Federalism, The Passing Scene, Uncategorized

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Jefferson-Memorial

The Jefferson Memorial (Photo: Courtesy of SamsonSimpson20)

A recent column in Vox explores the decline of dominant American identity and the ways that this identity could be rebuilt amid widespread demographic division and economic distress.

Ezra Klein, the author, contends that the vibrant, effusive American identity that prevailed throughout the 20th century was forged primarily on the basis of two world wars and the 70-year threat of Soviet communism.

I’m inclined to take a slightly different view. The modest imperial standing America acquired in the aftermath of the Spanish-American War formed a critical component of 20th century America identity too. Millions of Americans were carried on a wave of imperial euphoria, confident that the acquisition of a modest, backwater empire heralded our virtually unimpeded ascent to national greatness. And much of this was bound up in the war’s success in re-enlisting the defeated South in nation- and empire-building that followed in the aftermath of this war.

Up to that time, many people in the former Confederate states spent the Fourth of July commemorating the fall of Vicksburg rather than celebrating American Independence.

At the turn of century, some 35 years after one of the bloodiest struggles in history, the South reasoned that if it couldn’t have its own nation, it at least could participate in the building of a nation destined to ascend to the front ranks of global leadership.

This was a fortuitous turn of events for the American national enterprise: The post-Civil War South ended up supplying this nation not only with a significant share of its patriotic ballast but also a generous portion of men and women to guard the outposts of the global American empire that emerged after World War II.

Yet, we seem to be reaching an critical juncture, if not a major impasse, in defining American identity. And one wonders: How much practical value is derived from doubling down on one-nation rhetoric and insisting on more dialogue?

In the view of a growing number of heartland Americans, the only rhetoric deemed unifying by our ruling classes is that which conforms to the agenda of the left.

Moreover, another vital adhesive of American identity, centralized federalism, seems to be losing its efficacy too. Americans seem less inclined than ever to operate off the same page on issues that were once seen as vital to national security, such as regulating immigration and guarding our borders. Some on the left are even calling for the elimination of the Immigration and Customs Service (ICE).

Perhaps most disturbing of all, though, we seem to be rapidly approaching a cultural impasse that surprisingly few pundits have considered: namely, how this country will manage to soldier on when it is no longer regarded by ordinary Americans as standing at the pinnacle of the world’s most successful and exceptional nations.

So much of American unity and national identity is bound up with its perceived greatness and singularity.

A recent study ranked tiny Finland and several of the other Scandinavian countries as the world’s happiest, although the United States failed to rank in the top ten. Indeed, the results of the study point out a remarkable anomaly: Despite the United States possessing the world’s largest economy, millions of its citizens grapple with rising levels of obesity, substance abuse and high rates of depression, not unlike the problems that plagued the Soviet Union in the years leading up to its collapse.

Some on the left have expressed a desire to build a new national identity on the basis of socialism and identitarian politics, with the long-term goal of ridding the country of what they characterize as a historically evil and malignant white patrimony that has existed since the nation’s founding.

Given all these deep divisions over how to define the American enterprise in the future, perhaps we will return to some version of Thomas Jefferson’s 18th century vision of an American Empire: a continent of smaller states, either loosely tied or wholly independent of each other, sharing some degree of historical and cultural affinity.

Jefferson, it seems, may prove to a prophet of post-national American unity. At least, one can hope, amid all of this national division and rancor, that we can muster some semblance of mutual affinity and continental unity.

Whatever the case, a socialist, identitarian America should hold no appeal for any decent person, irrespective of race or ethnicity, who cherishes ordered liberty and constitutional government.

But if, God forbid, such an America emerges in the next 30 years, I suppose I’ll be one of those passing my autumn and winter years in a socialist gulag, at least, deriving a measure of solace that I will be living among what remains of sane people in America.