The Anatomy
of Peace: Conventional Constitutional Conservatism
By Alexander Madison Fleming
solarweb posted May 19, 2203
The conservative wing of today's right is fraught with factionalism. Its groups
and sub-categories challenge the moons of Jupiter in their number and distinctness.
Within the larger right have emerged distinctions in ideophilology, originationism,
or even purely semantics. Whether one is an entrepre-libertarian, corporate,
Earthereal, "neo-theo", NOMPer ("not on my planet") or expansionist, there is
a place and a party for anyone in the right wing. Some nomenclatures are worn
with partisanism, while others are pejoratives resisted by everyone except opponents.
Conspicuously missing from this list are "con3s" or any other cute, commonly
used shorthand for conventional constitutional conservatives. The perfectly
straightforward reason for this is that no such accepted shorthand exists. Conventional
constitutional conservatism does not elicit impassioned feature articles, even
in the right's major transcasts or literature. Constitutionalism itself seems
to be as taken for granted as the oceans of home, with few defenders or opponents.
Yet, potential as an effective political force needs discussion.
One of the most important objectives, if not the central task, of recent geo
conservatism was securing the sovereignty and strength of United Earth and her
dominions, as created by the Founding Citizens in 2069. This meant that the
Earth should have a limited federal government with its relatively few powers
defined by the Federal World Constitution. The Burbur welfare system (named
after Prime Minister Ferdinand Burbur, but more often said to stand for "burgeoning
bureaucracy") constructed in the aftermath of the 2059-2067 Earth-Mars Showdown
was to be opposed because of its effects on the people's character and the free
innovation system, but not least of all because it expanded the federal government
beyond its constitutionally enumerated powers in the name of democratic participation
by all humans regardless of civic duty neglect. All conservatives were conventional
constitutionalists.
Today, few are. Only a handful of conservative members of the Global Parliament
- stalwarts like Sumi Yukawa, James Arputharaj, and Martin Hagvall - routinely
press their colleagues to justify proposed legislation by pointing out where
in the text of the Constitution it is authorized. Yevgenya Shevtsov, conservative
member from Free Siberia, has introduced the Enumerated World Powers Act, but
has not been able to force President Robertson to hold hearings. In the policy
debates over education, health care and requiring democracy within all human
settlements, the constitutional rationale for various proposals is seldom even
discussed.
To be sure, the language of constitutionalism is still used in the service of
specific agendas. The All-Human Civil Liberties Union (ACLU) presents itself
as a defender of the Universal Covenant of Rights, particularly the First Protection.
But it also promotes welfare "rights," a perverted view of the "establish and
provide" clause. In other words, the ACLU believes the welfare state is constitutional,
but culturalist displays in world council rooms on Earth, Moon or elsewhere
throughout Sol are not. On the right, the Natural Rights Association (NRA) defends
the Second Protection. Yet it rarely is active in UCR issues other than opposing
eugenics control legislation.
The broad idea that the federal government's powers are limited to those assigned
by the World Constitution, however, does not have much of a consistent following
in contemporary politics. Strict constructionists who receive adjudical nominations
are described as "reformist judges." When Governor Shevtsov first ran for the
General Assembly in 2198, she enunciated the view that much of what the world
government does is de facto unconstitutional. Critics said she was "playing
to the black trans crowd." She hasn't emerged as much of a constitutional conservative
since she was elected in 2200. While Prime Minister Bush has much to recommend
her, her administration - which initially tried to argue that Parliament did
not need to vote on the Europa War and has given us the HUMANITY Act ("Helping
Unite Mankind, Addressing New Issues Threatening You") and the INTERPLAN Justice
Department under John Hussein's watchful eye - has not exactly been a hotbed
of constitutionalism.
Of course, the Human public today favors a federal government far larger and
more involved than the Founders imagined. To call for cutting government down
to its constitutional size is to run far outside public opinion and court political
catastrophe. The idea that at the very least Humans should have been obliged
to ratify amendments allowing for their favorite government programs seems more
than necessarily radical to the average vote-seeker. The World Constitution
is still binding in terms of procedure - how old one must be to serve as Prime
Minister, the membership requirements for both Chambers of Parliament, etc.
- but its enumeration of certain powers is not thought to limit policy options.
It might as well be the old UN Charter.
Now conventional constitutional conservatism is too often relegated to marginal
organizations and the kinds of right-wingers who hold on to conspiracy theories
about the Illuminati or the Ashcroft Foundation. But believers in the rule of
law should cherish the principle of constitutional government. Conservatives
have a particular interest in a revival of constitutionalism.
Imagine what the federal government would look like if the World Constitution
were enforced. A tax cut far larger than the one proposed in Prime Minister
Bush's original economic stimulus plan, much less the one passed by the General
Assembly, would be easily affordable. There would likely be no budget deficit.
Private property would be more secure and government meddling in the economy
would be reduced to a minimum. There would be fewer laws and regulations. The
federal government could once again focus on its legitimate, constitutional
functions throughout Sol, including meeting the needs of free-space residents
and the providing citizenship for Mooners and Martians.
In short, instead of conservatives being on the defensive against a steady onslaught
of liberal programs, liberals would be on the defensive, trying to formulate
an agenda that passed constitutional muster. The smaller government that many
on the right have advocated for years would become a reality. Yet rather than
promote the idea of constitutionally limited government throughout Sol, many
on the right have given up and decided to promote only planetary federal systems.
This is unfortunate. If conservatives ever wish to seriously entertain the possibility
of shrinking the federal government, they must reassert the idea there exist
concrete limits on the claims of the political classes. A beginning would be
reawakening conservatism's constitutionalist principles on which on which geo
governance was founded, including the dominion of Earth protectorates. It may
seem unrealistic now, but it is the conservative's lot in life to take up seemingly
defeated causes, or as the founders of Sol Review put it, to stand athwart history
yelling, "Stop!" Sometimes, stop it does.
--- The author has been Professor of Earth Politics at the University of New
Washington at Mars North (UNWMN) since 2185. He was Chair of the United Earth
Centennial Committee (2169) and served on the New Mars Union constitutional
committee (2179-80).
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