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From
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President
              Bush and the Gwailo Constitution
by
              Myles Kantor
President
              Bush has taken a lot of flak for remarks about Taiwan regarding
              the eventuality of Chinese aggression. Here
              were his exact words: "Our nation will help Taiwan defend
              itself. At the same time, we support the one-China policy, and we
              expect the dispute to be resolved peacefully."
Geopolitical
              sophisticates will bray about Bush�s subversion of the "strategic
ambiguity" doctrine (every diplomatic notion is a "doctrine"
              nowadays); supporters of Taiwanese autonomy will point out the illogic

              of a U.S.-Taiwan defense pact that forecloses self-determination
              for the island.
Thus
              far, however, pundits haven�t made a peep about the (anti)constitutional 
dimension to Bush�s pledge. The ostensibly conservative William
              F. Buckley Jr. in fact asserts an obligatory executive role for
              Taiwan�s defense.
Conservatism
              in an American context suggests valuing constitutional government. Key 
to American constitutional government is federal republicanism,
              or anti-monarchic, decentralized governance.
The
              colonial experience soured Americans on monarchy so acutely that
              several delegates to the Constitutional Convention opposed a unitary
              executive branch. George Mason desired an executive of three persons;
              Edmund Randolph referred to a single executive as "the fetus
              of monarchy."
Anti-monarchic
              sentiment was of such pervasiveness that even two of American history�s
              most ardent nationalists appreciated legislative primacy, especially
              over the grievous matter of war:
"The
                  President is to be commander-in-chief of the army and navy of
                  the United States. In this respect his authority would be nominally
                  the same with that of the king of Great Britain, but in substance
                  much inferior to it. It would amount to nothing more than the
                  supreme command and direction of the military and naval forces,
                  as first General and admiral of the Confederacy; while that
                  of the British king extends to the declaring of war and to the
                  raising and regulating of fleets and armies, all which, by the
                  Constitution under consideration, would appertain to the 
legislature."
                  (Alexander Hamilton, Federalist No. 69)
"The
                  provision of the Constitution giving the war-making power to
                  Congress, was dictated, as I understand it, by the following
                  reasons. Kings had always been involving and impoverishing their
                  people in wars, pretending generally, if not always, that the
                  good of the people was the object. This, our Convention understood
                  to be the most oppressive of all Kingly oppressions; and they
                  resolved to so frame the Constitution that no one man should
                  hold the power of bringing this oppression upon us." (Abraham
                  Lincoln, letter to William H. Herndon, February 15, 1848)
The
              twentieth century witnessed a revolutionary inversion occur between
              president and Congress with respect to war-making. As an emblematic
              example, Harry Truman leapfrogged the legislature in deploying troops
              to Korea via the United Nations � a relatively forgotten intervention
              that portended our equally unconstitutional, supra-nationally 
orchestrated
              slaughter in the Balkans. (I�m not an apologist for a truculent
              bum like Slobodan Milosevic, and how his truculence justifies our
              illegal aerial campaign of destruction and death eludes me.)
We
              have reached the point where a "conservative" Vice
              President accepts presidential usurpation of the martial realm and the 
decidedly un-conservative Noam Chomsky criticizes "the
              doctrine of Executive War in violation of the Constitution"
              (The
              New Military Humanism: Lessons from Kosovo, p. 97). This, needless to 
say, is a peculiar state of affairs.
Of
              course, Congress is ultimately culpable for its inversive capacity.
              As John C. Calhoun observed, "The Constitutional power of the
              President never was or could be formidable, unless it was accompanied
              by a Congress which was prepared to corrupt the Constitution."
              A president�s bellicose ambition would be a nonstarter if our 
"representatives"
              only asserted their purview.
A
              constitutional process exists for defending Taiwan if China attacks.
              The determinative party in that process is not the current occupant
              of the White House.
President
              Bush has assumed, nay arrogated the voice of Congress with his remarks 
on Taiwan. Indignation from conservative legislators is nowhere
              to be found. The Constitution is apparently a gwailo (foreigner)
              to the GOP�s standard-bearers, their oath to defend it notwithstanding.
Weekly
              Standard editor William Kristol noted during the litigation-laden 
aftermath of last year�s election, "Mr. Bush has run as an
              apostle of compassionate conservatism. But the present crisis suggests
              that a revival of constitutional conservatism is the more urgent
              and important task" ("Crowning the Imperial Judiciary,"
              The New York Times, November 28, 2000). If
              conservatives� silence on President Bush�s imperial  pronouncements
              is any indicator, the revival Kristol prescribes is far, far away.
May
              7, 2001
Myles
              Kantor [send him mail]
              edits FreeEmigration.com and lives in Boynton Beach, Florida
Copyright
              2001 LewRockwell.com
Myles
              Kantor Archives


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The only real voyage of discovery consists not in seeking
new landscapes but in having new eyes. -Marcel Proust
~~~~~~~~~~~~~~~~~~~~
The libertarian therefore considers one of his prime educational
tasks is to spread the demystification and desanctification of the
State among its hapless subjects.  His task is to demonstrate
repeatedly and in depth that not only the emperor but even the
"democratic" State has no clothes; that all governments subsist
by exploitive rule over the public; and that such rule is the reverse
of objective necessity.  He strives to show that the existence of
taxation and the State necessarily sets up a class division between
the exploiting rulers and the exploited ruled.  He seeks to show that
the task of the court intellectuals who have always supported the State
has ever been to weave mystification in order to induce the public to
accept State rule and that these intellectuals obtain, in return, a
share in the power and pelf extracted by the rulers from their deluded
subjects.
[[For a New Liberty:  The Libertarian Manifesto, Murray N. Rothbard,
Fox & Wilkes, 1973, 1978, p. 25]]

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