{"id":15699,"date":"2021-03-18T18:24:45","date_gmt":"2021-03-18T22:24:45","guid":{"rendered":"https:\/\/jimbovard.com\/blog\/?p=15699"},"modified":"2022-09-26T10:17:06","modified_gmt":"2022-09-26T14:17:06","slug":"the-never-ending-battle-between-leviathan-and-liberty","status":"publish","type":"post","link":"https:\/\/jimbovard.com\/blog\/2021\/03\/18\/the-never-ending-battle-between-leviathan-and-liberty\/","title":{"rendered":"The Never-Ending Battle between Leviathan and Liberty"},"content":{"rendered":"<div class=\"easy-breadcrumb\"><a href=\"https:\/\/jimbovard.com\/blog\/wp-content\/uploads\/2018\/09\/Supreme-Court-Leviathan-Mises-mockup-image.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"alignleft wp-image-12504\" src=\"https:\/\/jimbovard.com\/blog\/wp-content\/uploads\/2018\/09\/Supreme-Court-Leviathan-Mises-mockup-image-800x593.jpg\" alt=\"\" width=\"400\" height=\"297\" srcset=\"https:\/\/jimbovard.com\/blog\/wp-content\/uploads\/2018\/09\/Supreme-Court-Leviathan-Mises-mockup-image.jpg 800w, https:\/\/jimbovard.com\/blog\/wp-content\/uploads\/2018\/09\/Supreme-Court-Leviathan-Mises-mockup-image-150x111.jpg 150w, https:\/\/jimbovard.com\/blog\/wp-content\/uploads\/2018\/09\/Supreme-Court-Leviathan-Mises-mockup-image-768x569.jpg 768w\" sizes=\"auto, (max-width: 400px) 100vw, 400px\" \/><\/a><a href=\"http:\/\/mises.org\">Mises Institute<\/a>, March 18, 2021<\/div>\n<h2 class=\"page-title\"><a href=\"https:\/\/mises.org\/wire\/never-ending-battle-between-leviathan-and-liberty\">The Never-Ending Battle between Leviathan and Liberty<\/a><\/h2>\n<div id=\"slideshow\" class=\"group-image-wrapper field-group-html-element pull-left\">by <span class=\"author\"><a href=\"https:\/\/mises.org\/profile\/james-bovard\" rel=\"author\">\u00a0James Bovard<\/a><\/span><\/div>\n<div class=\"body-content clearfix\">\n<p>The notion that Americans will always be free is part of the catechism that is force-fed to public school students. For hundreds of years, philosophers, politicians, and reformers have touted a law of history that assures the ultimate triumph of freedom. \u201cOppressed people cannot remain oppressed forever. The urge for freedom will eventually come,\u201d Martin Luther King\u00a0Jr. wrote in his famous \u201cLetter from Birmingham Jail.\u201d<\/p>\n<p><strong>But few political follies are more hazardous than presuming that one\u2019s liberties are forever safe. None of the arguments on why liberty is inevitable can explain why it has not yet arrived.<\/strong> Most of the human race existed with little or no freedom for 95+ percent of recorded history. If liberty is God\u2019s gift to humanity, then why were most people who ever lived on Earth denied this divine bequest?<\/p>\n<p>Many efforts at limiting state power have failed almost immediately.\u00a0In the thirteenth century, oppressed English nobles revolted and sought to bind their kings in perpetuity. King John signed the Magna Carta in 1215, petulantly accepting a limit to his prerogative to pillage everything in his domain. While the Magna Carta is celebrated nowadays as the dawn of a new age, it failed to even bind the king who signed the document. The ink on his signature was barely dry before King John brought in foreign forces and proceeded to slaughter the barons who forced his signature. King John died just after his vengeance commenced, providing a respite for Englishmen. In the final realm, the Magna Carta was simply a political pledge that was honored only insofar as private courage and weaponry compelled sovereigns to limit their abuses.<\/p>\n<p>History is a chronology of nations pillaged by reckless regimes. English kings recited coronation oaths that limited their power. Such oaths were as binding as a congressional candidate\u2019s campaign promises. Rampaging kings sometimes converted smouldering discontent into a raging fire of resistance. Historian Thomas Macaulay summarized England\u2019s path to its Glorious Revolution of 1688: \u201cOppression speedily did what philosophy and eloquence \u2026\u00a0failed to do.\u201d King James II was ousted in 1688 and Parliament speedily enacted laws to curb all subsequent monarchs.<\/p>\n<p>The United States was the first government to be created with strict limitations on its power, enshrined in\u00a0the Constitution. As James Madison wrote in the <em>Federalist Papers<\/em>, \u201cIf men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.\u201d The Founders included numerous checks and balances in the Constitution to restrain political ambition. But they were never so na\u00efve as to presume that a parchment barrier would keep American liberty safe in perpetuity.<\/p>\n<p>Within the first decade of the nation\u2019s existence, Congress and President John Adams enacted the Alien and Sedition Acts, which destroyed freedom of the press and speech. Thomas Jefferson responded by writing a resolution in 1799 that warned, \u201cFree government is founded in jealousy, not confidence\u2026. In questions of power, then, let no more be heard of confidence in men, but bind him down from mischief by the chains of the Constitution.\u201d Senator John Taylor, in his 1821 book <em>Tyranny Unmasked<\/em>, scoffed at presuming \u201cour good theoretical system of government is a sufficient security against actual tyranny.\u201d<\/p>\n<p>Those \u201cchains of the Constitution\u201d have often been illusory or merely a placebo phantasm for government victims. Politicians perennially invoke the Constitution to prove that citizens have no reason to fear the government. When the House of Representatives considered the PATRIOT Act in October 2001, Representative James Sensenbrenner (R-WI) assured fellow members of Congress that \u201cthe bill does not do anything to take away the freedoms of innocent citizens. Of course we all recognize that the Fourth Amendment to the Constitution prevents the government from conducting unreasonable searches and seizures, and that is why this legislation does not change the United States Constitution or the rights guaranteed to citizens of this country.\u201d Sensenbrenner talked as if that the mere existence of the Bill of Rights shackled Congress. This is akin to claiming that because automobiles have brakes, drivers can never exceed the speed limit. The PATRIOT Act unleashed a constitutional crime wave, as the Bush administration suspended habeas corpus and conducted waves of secret arrests, unleashed the FBI to conduct hundreds of thousands of warrantless searches, and entitled the National Security Agency to vacuum up Americans\u2019 emails and other personal data.<\/p>\n<p>American presidents take an oath of office solemnly swearing to \u201cpreserve, protect and defend the Constitution of the United States.\u201d But this has long been an empty ritual, akin to Roman emperors making public sacrifices to pagan gods they knew did not exist. <strong>Fealty to the Constitution has evaporated in part because philosophical trends have long favored absolute power.<\/strong><\/p>\n<p>Intellectual servility has been perennially profitable and there has never been a shortage of writers exalting supreme rulers. Writing in 1651, English philosopher Thomas Hobbes labeled the state as Leviathan, \u201cour mortal God.\u201d Leviathan signifies a government whose power is unbounded, with a right to dictate almost anything and everything to the people under its sway. While Hobbes was reviled in the first century after his book was published, his ideas later became fashionable as academics rushed to echo his derision of \u201ctyrannophobia.\u201d Hobbes declared that it is forever prohibited for subjects in \u201cany way to speak evil of their sovereign\u201d regardless of how badly they are abused. Hobbes offered \u201csuicide pact sovereignty\u201d: to recognize a government\u2019s existence is to automatically concede the government\u2019s right to destroy everything in its domain.<\/p>\n<p>Hobbes profoundly influenced subsequent political philosophers, including German philosopher G.W.F. Hegel, who trumpeted the doctrine that history is the actualization of freedom. But Hegel was not using \u201cfreedom\u201d in the sense that the Founding Fathers did. Instead, Hegel declared, \u201cThe State in-and-for-itself is the ethical whole, the actualization of freedom.\u201d Hegel also proclaimed that \u201c[t]he State is the Divine Idea as it exists on earth\u201d and derided the notion of freedom as individual choice as \u201cuneducated superficiality.\u201d Hegel\u2019s slavish version of freedom was difficult to distinguish from Hobbes\u2019 s totalitarian vision of sovereignty.<\/p>\n<p>Hegel had a profound influence on communism (via Marx), fascism, and on the most popular philosopher in Washington in recent decades. Francis Fukuyama, a State Department functionary, hailed Hegel as the supreme \u201cphilosopher of freedom.\u201d In 1989, Fukuyama proclaimed the \u201cunabashed victory of economic and political liberalism\u201d and boasted that \u201cwe in the liberal West occupy the final summit of the historical edifice.\u201d He announced \u201cthe end of history as such: that is, the end point of mankind\u2019s ideological evolution and the universalization of Western liberal democracy as the final form of human government.\u201d<\/p>\n<p>Fukuyama\u2019s \u201claw of history\u201d supposedly proved that government was no longer a threat to freedom. <strong>By making political power appear innocuous, Fukuyama became an instant hero inside the Beltway.<\/strong> Fukuyama\u2019s \u201cend of history\u201d revelation was zealously embraced by the political-media establishment. <strong>Fukuyama provided a law of history that supposedly negated all the warnings from history about political power.<\/strong><\/p>\n<p><strong>Fukuyama\u2019s doctrine \u201cliberated\u201d presidents in the name of freedom.<\/strong> In his 2002 <em>National Security Strategy<\/em>, President George W. Bush echoed Fukuyama\u2019s view: \u201cThe great struggles of the twentieth century between liberty and totalitarianism ended with a decisive victory for the forces of freedom\u2014and a single sustainable model for national success: freedom, democracy, and free enterprise.\u201d At a 2002 Republican fundraiser dinner, Bush declared: \u201cWe will do whatever it takes to make the homeland secure and to make freedom reign across the world.\u201d In his 2005 inaugural address, Bush whooped, \u201cWe go forward with complete confidence in the eventual triumph of freedom.\u201d Bush used \u201cfreedom bosh\u201d to sanctify his wars, torture regime, and militaristic threats against any foreign regime that disobeyed Washington.<\/p>\n<p><strong>Why would history stop after either liberty or democracy is achieved? The experience of many countries has been \u201cone person, one vote, one time.\u201d<\/strong> Faith in democracy as a perpetual guarantor of freedom is tricky to reconcile with the collapse of more than thirty democracies around the globe in recent years. Few of the democracies that have survived have fastidiously respected citizens\u2019 rights.<\/p>\n<p><strong>Some libertarians are confident that, despite post\u20139\/11 debacles, liberty will inevitably triumph in the end. But why would freedom be safer in the future than now? Because of a law of history that was never enacted by God, a convocation of cardinals, or even the Arkansas state legislature?<\/strong><\/p>\n<p><strong>Presuming that America or any other nation is destined to be free lulls people against potential oppressors<\/strong>. Author Robert Anton Wilson observed, \u201cEvery national border in Europe marks the place where two gangs of bandits got too exhausted to kill each other any more and signed a treaty.\u201d Similarly, t<strong>he current extent of government power marks the boundary of political onslaughts into the private domain of liberty.<\/strong><\/p>\n<p><strong>There will be no perpetual truce along this border, because political marauders will continually create new pretexts to invade citizens\u2019 li<\/strong>ves. The private domain relies primarily on voluntary agreements, independence, and peaceful coexistence. The political domain relies on command and control, subjugation, and threats and penalties.<\/p>\n<p><strong>One of the greatest perils to the private domain is the notion that Leviathan is more legitimate than libert<\/strong>y. Downplaying government coercion is the key to this propaganda coup. For most of the American media, compelling submission to political commands is a nonissue, equivalent of the sun rising in the east each morning.<\/p>\n<p>At the time when political power began soaring, in the 1930s, American political thinking systematically disregarded the danger from government. In the 1940s, as Professor David Ciepley observed, \u201cthe State was dropped from American social science, as part of the reaction to the rise of totalitarianism. All traces of state autonomy, now understood as \u2018state coercion,\u2019 were expunged from the image of American democracy.\u201d Ciepley explained that \u201cthe emergence of Hitler and Stalin as the ultimate social engineers led American political scientists to \u2026\u00a0fall silent about all such activities in the American governmental system. If totalitarianism means elite social engineering, then American democracy must mean popular control.\u201d Democracy became the purported champion of freedom, because people were taught that democracies were inherently nonoppressive. But as Senator John Taylor warned two centuries ago, \u201cSelf-government is flattered to destroy self-government.\u201d<\/p>\n<p><strong>For many people, liberty is an abstraction until government agents ravage their lives. A lucid recognition of the coercive nature of Leviathan is vital for the defense of freedom. Leviathan\u2019s abuses and atrocities must be weaponized to awaken as many people as possible to the perils they face.<\/strong><\/p>\n<p>\u201cLe<strong>gitimacy\u201d spawns a political fog that obscures people\u2019s recognition of their own victimhood<\/strong>. Lenin reputedly said that the capitalists would sell communists the rope with which the capitalists were hanged. Similarly, Leviathan perennially provides ample gunpowder for detonating its legitimacy. Leviathan without legitimacy is simply a regime that must rely on brute force to compel submission to its decrees. At some point, the brute force becomes too great for regime lackeys to cover up.<\/p>\n<p><strong>Once legitimacy is lost, governments can collapse like overheated souffl\u00e9s.<\/strong> For instance, East Bloc regimes imploded much faster than almost anyone expected. Prior to 1989, Soviet leaders believed that cosmetic reforms would keep people subdued despite a failing economic system. CIA analysts predicted that 100+ million people in East Europe would remain docile and downtrodden for decades longer. But proliferating protests in several nations spurred the Hungarian government to permit a breach in the Iron Curtain along the Austrian border in May 1989. That breach quickly spurred a flood of humanity rushing to escape communism, taking with them the tattered remnants of regimes\u2019 legitimacy. Six months later, the Berlin Wall was breached and governments fell like dominos. On Christmas Day, Romanian soldiers celebrated by lining their dictator and his wife up in front of a stone wall and executing them.<\/p>\n<p>Most contemporary governments have more popular support than Soviet Bloc regimes received in the 1980s. But sustained abuses can be an acid drip that eventually topples any government regardless of its purported mandate. Mo<strong>re Americans believe in witches, ghosts, and astrology nowadays than trust the federal government. In the covid-19 era, America is degenerating into a cage keeper democracy, where voters merely select the politicians who place them under house arrest.<\/strong><\/p>\n<p>Expecting liberty to permanently triumph would require rulers to miraculously become selfless if not self-sacrificing. But, as Hayek warned in his essay \u201cWhy the Worst Get on Top,\u201d power is a magnet for the dregs of humanity. Faith in the state will continue reviving as long as some people feel entitled to domineer other people. Political action pays a higher premium on deceit than almost any other human activity and thus will remain perilous to everything decent.\u00a0\u201cEternal vigilance is the price of liberty,\u201d as our forefathers recognized in the nineteenth century.<\/p>\n<p><strong>To presume that liberty is inevitable is to absolve oneself from fighting oppression. <\/strong>As soon as people drop the reins on government, politicians will leash the people. Rather than hoping for an \u201cend of history\u201d triumph, people must battle forever to defend their rights. As long as individuals continue to defy oppressors, the seeds of resistance will produce bountiful harvests of freedom in better times.<\/p>\n<\/div>\n<div class=\"view view-term-landing view-id-term_landing view-display-id-author_box audience author-box view-dom-id-9a46d09c769c5bbc0580796f2487ef44\">\n<div class=\"view-header\">Author:<\/div>\n<div class=\"view-content\">\n<div class=\"views-row views-row-1 views-row-odd views-row-first views-row-last\">\n<div class=\"ds-2col-custom-fluid column node node-person-profile view-mode-author_box clearfix\">\n<div class=\"panel-body\">\n<div class=\"group-top col-xs-12\">\n<p class=\"author-box__name\"><a href=\"https:\/\/mises.org\/profile\/james-bovard\">James Bovard<\/a><\/p>\n<p>James Bovard is the author of ten books, including 2012\u2019s <em>Public Policy Hooligan<\/em>, and 2006\u2019s <em>Attention Deficit Democracy<\/em>. He has written for the <em>New York Times<\/em>, <em>Wall Street Journal<\/em>, <em>Playboy<\/em>, <em>Washington Post<\/em>, and many other publications.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Mises Institute, March 18, 2021 The Never-Ending Battle between Leviathan and Liberty by \u00a0James Bovard The notion that Americans will always be free is part of the catechism that is force-fed to public school students. For hundreds of years, philosophers, politicians, and reformers have touted a law of history that assures the ultimate triumph of [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":7857,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[15,451,2742,52,1316,2739,2740,45,161,1885,441,2482,445,619,164,159,620,33,2741,2738],"class_list":["post-15699","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","tag-congress","tag-constitution","tag-david-cieley","tag-democracy","tag-east-europe","tag-federalist-papers","tag-francis-fukuyma","tag-freedom","tag-hayek","tag-hegel","tag-history","tag-hobbes","tag-john-taylor","tag-king-john","tag-leviathan","tag-liberty","tag-magna-carta","tag-patriot-act","tag-robert-anton-wilson","tag-thomas-macaulay"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>The Never-Ending Battle between Leviathan and Liberty - 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The Wall Street Journal called Bovard \\\"the roving inspector general of the modern state\\\" and Washington Post columnist George Will called him a \\\"one-man truth squad.\\\" His 1994 book, Lost Rights: The Destruction of American Liberty, received the Free Press Association\u2019s Mencken Award as Book of the Year. His Terrorism &amp; Tyranny won the Lysander Spooner \\\"Best Book on Liberty in 2003\\\" award. He received the Thomas Szasz Award for Civil Liberties work, awarded by the Center for Independent Thought and the Freedom Fund Award from the Firearms Civil Rights Defense Fund of the National Rifle Association. 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