Good Government

Why Have a Government?

There have always been anarchists who thought the best government is no government.   Anarchy never works.   Indeed, it quickly leads to tyranny, as the people will find anything preferable to anarchy.   That is how Napoleon became Emperor of France.

What is the purpose of government?   I cannot state it any better than the Preamble of the US Constitution: "We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."   It is worth pondering each of these phrases.   Good government serves the purposes of all 7 well-established ideals.  Unfortunately, good government is not what we have.   As I write this, madman Bush is preparing to wage war on Iraq, against the advice and wishes of everyone, so one problem is that the President has become a little dictator.   Our society is choked by government bureaucracy.   The tricameral system of checks and balances has left the real power in the hands of an unelected Supreme Court, who were the ones who picked madman Bush to be President in the year 2000.   We do not have justice, domestic tranquility or the blessings of liberty.   Time for a revolution.

Bureacratic Absurdities

The Nuns of the Missionaries of Charity (headed by Mother Teresa) wanted to convert abandoned buildings in the South Bronx to homeless shelters.   New York City was willing to sell Mother Teresa the buildings for $1 apiece.   $500,000 of the Nun's money was set aside for the purpose.   However, New York's building code requires an elevator in every new or renovated multi-story building, which costs $100,000 per building.   There was no one with the power to waive this absurd requirement.   Thwarted by a year and a half of going from one agency to another, Mother Teresa gave up.   Even Saints are helpless before the massive roadblock of bureaucracy.

Ever wonder why it costs so much to get from the airport to Manhattan?   Because an idiotic FAA regulation forbids building the subways out to New York City's three airports.   Why?   I don't know.   It is theater of the absurd.

Sick of "politics-as-usual?"   Bored with political speeches, which promise everything and deliver nothing? Scornful of a government that can't even balance its books?  Tied up in red tape and laws so complex that it is impossible even to do your own taxes?   Your frustration is not pathological.   We have finally arrived at total gridlock, or freeze-up, to use Lazare's metaphor.   Our government is now perfectly dysfunctional.

If you want a detailed account of its dysfunctionality, I recommend The Frozen Republic, by Daniel Lazare, and The Death of Common Sense, by Philip Howard.   But what is the alternative?

Parliament

Scrape off the ancient encrustations of Royals, Lords, Barristers, and a state religion, and the Parliamentary system in the UK would be a great improvement over the tricameral, judicial superior system in the US.   Parliamentary elections are short and local, since the people only vote for their local MP (Member of Parliament), probably someone that they have met and actually talked to.   Commons then elects the Prime Minister, who forms a government with a cabinet.   Because elections are short and local, MPs wind up with no debt to the money men.   In the US, the money men who finance very expensive elections must be satisfied if the politician is ever to be re-elected.   One sign that Parliament works well is the high voter turnout in countries with a Parliamentary system.   This is a normative particular, a point in favor of Parliament.

Aristarchy

A change to Parliamentary democracy would be an improvement, but a change to Aristarchy would be better.  Aristarchy is a form of democracy suggested by the Classical Chinese Mandarin system of government, in which government officials are selected from a pool of candidates who have passed exams.  It is democratic, because only the people can change or add to the original set of laws, by means of a petition signed by three-fourths of the full citizens of the relevant jurisdiction.  The laws are broad statements of intent, which the Aristarchs are free to interpret as needed, following the spirit of the law, rather than the letter.

In our present system, it is the attempt to predefine every nit-picking detail, and leave nothing up to the discretion and wisdom of the administrator that has given us 100 million words of law.

The magistrates, metropoles, governors and archons of Aristarchy are given all discretion.   Like the Mandarins in classical China, the local magistrate has combined executive and judicial powers.   He or she is judge, mayor, and chief of police.   The metropole has the same sort of power over a metropolitan region, and is thus is in a position to hire and fire or transfer the magistrates underneath.

The equivalent of a Prime Minister is the First Archon, who is head of government.   One virtue of a toothless monarchy, still to be found in England and Denmark, is that it makes the Head of State (who does all the ceremonial stuff) different from the Head of Government (who lives without fanfare at Number 10, Downing Street).   I like this system well enough to create something like it.   The Head of State would be the First Secretary, head of the diplomatic corps, and appointed by the First Archon.   The First Secretary would take on all ceremonial duties which now take up so much of the time of our American Presidents.   It would be the First Secretary who lives in the White House, while the First Archon lives across the country in a new capitol to be built somewhere in the Western States.   It is the First Secretary who holds ceremonial dinners for foreign diplomats, visiting heads of state or heads of government, who goes abroad on Air Force One to funerals of same, who holds press conferences, who takes visits from foreign diplomats, while the First Archon does none of those things.   He communicates with other heads of government by videophone or email.   If he travels around the country, he does so inconspicuously, incognito.   The new Capitol is a walled city, closed to everyone but the Aristarchy.

The cabinet (and line of succession in case of sudden death) consists in the Second, Third, etc. Archons, each of whom replaces a vast bureaucracy in the present system of government. For instance, there is ONE Archon who decides when a drug has been tested enough to be marketed, thus replacing the entire FDA.

It has been said that power corrupts, and absolute power corrupts absolutely. Of course, the First Archon does not have such absolute power. Still, it is easy to imagine a First Archon with a Napoleonic complex. How do we get rid of him or her? No problem. First let us define "the electors," somewhat like the electors of the Holy Roman Emperor. They consist in all the Archons, all the governors of the major regions, and all the metropoles (chief aristarch of a metroplex). If a First Archon does not specify a Second Archon before he dies or retires, three-fourths of the electors can elect one. The First Archon can come from any level of the aristarchy. Similarly, a vote by three-fourths of the electors can unseat a First Archon. So, we need not fear little Napoleons.

The Classical Chinese Mandarinate

The reader has to know something about the brilliance of the Mandarin system between the beginning of the T'ang dynasty (600 CE) and the end of the Ming (1644 CE) to get excited about Aristarchy. Unfortunately, our schools teach almost nothing about Chinese history. A pleasant introduction to the Mandarin system is found in the historical novels and translations by Robert Van Gulik about the exploits of Judge Dee, an historical mandarin from the middle of the T'ang dynasty. The first and best of the Judge Dee novels is a translation of Dee Goong An, a novel about Dee by an 18th Century Chinese author.

Although Dee was a real person, who rose to cabinet rank, and wrote many brilliant position papers which were studied thereafter by Mandarins, there is little real historical knowledge of his life as a local magistrate.

Instead, the Chinese author, and later, Robert Van Gulik, simply made use of the vast number of stories and legends about the adventures and achievements of local magistrates. These local mandarins wrote poems, practiced martial arts, donned disguises and entered the underworld to catch criminals. Sometimes they retired as Taoist mystics, living in the mountains.

Since the exams were open to all, sons of peasants, tradesmen, and Mandarins could and did rise into power, so it was certainly government of the people. Because the exams were open to all, the Mandarins never became a hereditary Aristocracy. Think of the chaos produced by hereditary Aristocracy in Western Civilization. The Chinese experienced all that too, in the Shang and Chou dynasties, before they got rid of their hereditary nobility. Of course, we got rid of hereditary titles in our first revolution, the one of 1776, the one celebrated on July 4th.

The Mandarin exams were essay exams, based on the body of so-called Neo-Confucian literature, which were case studies of good and bad government. The Mandarins were the best and the brightest. They were often inventors, scientists, poets or artists, as well as magistrates.

The Mandarins created a marvelous and resilient civilization of great beauty and originality, which time after time rebounded from foreign invasion to re-establish the native empire, with the Mandarins as the civil servants. The Mandarins designed canals, dams and other waterworks and roads which kept a large population fed and informed.

They invented silk, paper, printing, the compass, gunpowder, the stern-post rudder, porcelain, tea-drinking, stir-fried cooking, to name a few, all borrowed by the West. It is unfortunate that we have not borrowed their most brilliant innovation, the Mandarin Aristarchy. When the West was sinking into the Dark Age, the Chinese were rising to their most glorious age, the T'ang Dynasty. And this was due in large part to the Mandarins.

Bureaucracy

The Mandarin system was efficient because it had no bureaucracy. Our system has nothing but bureaucracy. In fact, the typical way our government "solves" a problem is to create a new federal agency to do it, like the FDA, EPA, REA, CIA, FBI, OSHA, FEMA, IRS and all the other alphabet soup agencies. In time, every bureaucracy becomes the problem, rather than the solution. The FDA is the chief obstacle to medical progress. The FAA is the main impediment to safe air travel.

A bureaucracy is a giant social machine which usually only has to make decisions. All the elaborate layers of bureaucracy of the Social Security administration, for instance, has as its sole function deciding who gets disability (which takes them an average of two years), and who gets retirement. All the FDA does is decide what drugs doctors are permitted to prescribe. All the FAA does is set regulations for the airline industry.

The opposite of a machine is a person. The founding fathers tried to build machines that perform their service irregardless of the quality of the office-holders. The Chinese selected the best person, and then gave that person full power and held them personally responsible. For instance, if a magistrate executed someone for murder later shown to be innocent, he was himself executed.

A single individual could make these decisions just as well, and much faster. Furthermore, we would then know who to ask, who to blame, and who gets the credit. SS decisions, for instance, should be made on the local ward level, by the local Aristarch who knows the family and the individual in question, with the money to pay for it coming out of local taxes. In the Aristarchy, all taxes are paid to the local magistrate, who first takes care of local needs, and then passes what is left up the hierarchy. Much government could be conducted on a local level, in this fashion. A person can do in an hour or two what it takes the SS administration two years and thousands of bureaucrats. In the system I propose, a magistrate is in charge of no more than 10,000 households, which could be a small town, or even an entire county in rural areas, or just a local neighborhood in a big city.

Lawyers

Make the laws simple and the legal instruments simple, and we could put lawyers out of business. They would have no place in court, since the accused must speak for himself. The prosecution consists in presenting the facts uncovered by the investigation. The top policeman would do that, prodded by questions from the magistrate, if necessary. Before a decision is made, members of the audience (or the jury, if one is impounded, magistrate's choice) could raise whatever questions they like. The trial could be adjourned temporarily to investigate these questions if necessary.

Above all, simplify the tax laws. They now occupy a volume the size of an encyclopedia. Using electronic money, many transactions by individuals or institutions would be automatically taxed by a certain percentage. This would be true if the transaction were a purchase (either wholesale or retail), or if it were income (including interest or profit), which would be taxed at a different rate. These are all the taxes that are really needed. The percentages would continually change by small amounts in order to keep the Keynesian business cycle in near perfect balance. There would be no tax returns, and no tax return forms. People under 21 and over 65 and people who are permanently disabled would not be subject to taxes. No distinction would be made between "for profit" and "not for profit" institutions.

There is one other provision which would help to eliminate lawyers. Precedence has no place or value in the courts of the magistrates. Every case must stand on its own.

Revolution

Thomas Jefferson thought every generation ought to cancel the public debt, have a revolution and create the kind of government that suited the new times. It is time to take his advice. Revolution! The very word clears the head, like smelling salts. Cancel the national debt. Padlock the FDA, EPA, REA, CIA, FBI, OSHA, FEMA, IRS, DEA and all the other alphabet soup agencies. Adjourn Congress permanently. Fire the Supreme Court and all the appellate courts. Eliminate state, county and city governments in favor of a single vertical system. It is only by giving particular individuals the power and responsibility that we can escape the endless "process," as in "due process," which has brought government to a halt. We are drowning in process. The EPA's regulations run to 10,000 pages, 17 volumes of fine print. Federal statutes and formal rules total 100 million words. OSHA has 140 regulations just regarding wooden ladders (all figures come from Howard, 1994, p. 26).

Revolutions do not have to be bloody. The French and Russian revolutions simply got out of hand, resulting in anarchy, until a tyrant came along to save them. When I think of "revolution" I have in mind the "glorious revolution" of 1688 in Britain, which made Parliament supreme. It was "glorious" precisely because it was bloodless. And I also have in mind our own unconstitutional but peaceful transition from the First Republic, ruled by the Continental Congress, to our present Second Republic, with a strong Federal government. This was done in secret, by the Continental Congress of 1787, who made some vague noises about "the matter of the nation" and "improving government" and promptly threw out reporters and banned the taking of notes. They worked through a hot summer creating this new Constitution, and decided that a favorable vote by three-fourths of the states ratified it, as a clear indication of the consent of the governed. We could do something like that again, and create the Third Republic.

Differences between 2nd & 3rd Republics

In some ways, the Second Republic and the Third Republic are opposites. In the Second Republic, we don't get to vote on laws, but we do get to elect Presidents and the Congress. In the Third Republic, we don't get to elect the Magistrates or other parts of the Aristarchy, but new laws would come about only through the petition and initiative process, and a favorable vote by three-fourths of all qualified citizens. A "qualified citizen" does not mean "registered voter." Everyone 8 and older is a qualified person, unless they have committed a felony or been judged mentally incompetent by the magistrate and given a guardian.

The Classical Greeks invented Democracy. And then as now, sometimes it didn't work. Sometimes there was deadlock. What the Greeks did was to create a temporary dictator, with a limited mandate, and limited time period, on the assumption that some decision is better than gridlock. One of these appointed dictators (nothing like modern military dictators) made such drastic changes, that his name went into our vocabulary. His name was Draco. It may take Draconian measures to lower our murder rate to that of Austria or Japan, or halt the AIDS epidemic. But, let us wait and see. Let us hope that the new government can solve these problems within the framework of the law.

Copyright © Dr.H 2003

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