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At this present moment there are three Australians sitting in Iranian prisons. Kylie Moore-Gilbert, Jolie King, and Mark Firkin have all been charged (and, in Kylie Moore-Gilbert’s case, convicted) with espionage. Jolie King and Mark Firkin have been accused of flying a drone over a military installation without a permit whilst the charges against Kylie Moore-Gilbert remain unclear.
To say that Jolie King and Mark Firkin were naïve would be an understatement. The couple, who raise money for their global adventures on Patreon, stated on their vlog that their ambition is to “inspire anyone wanting to travel and also to try to break the stigma of travelling to countries which get a bad rap in the media.”
Some countries have a bad reputation for a reason, a fact Jolie King and Mark Firkin seemed unwilling to comprehend. Iran, in particular, has a bad reputation for political repression, human rights violations, and corruption. Iran has been noted for using excessive violence against political dissidents, suppressing the media, carrying out arbitrary arrests, and using inhumane punishments.
No wonder Amnesty International has stated that the human rights situation in Iran had “severely deteriorated.” Iranian prisoners lack access to adequate medical care, trials can hardly be described as fair, and confessions obtained using torture are freely admitted in court. It was even reported in June 2018 that defendants accused of breeching Iran’s national security laws were being forced to choose from a list of just twenty state-approved lawyers.
There is nothing new about Jolie King and Mark Firkin. History is filled with people who deny the existence of evil. And many of them have paid the ultimate price. Jay Austin and Lauren Geogehan claimed in their blog that “evil is a make-believe concept we’ve invented to deal with the complexities of fellow humans holding values and beliefs and perspectives that are not our own.” This beautiful sentiment didn’t stop them being stabbed to death by Islamic State jihadists in Tajikistan.
A large part of this problem comes from the social disease of moral relativism. We have lived with peace, prosperity, and freedom for so long that we’ve forgotten what it is like not to have them. Our complacency has led us to believe that all moral beliefs are equally valid. And it has led us to believe that there is no such thing as evil.
The problem with moral relativism is that it is not true. Actions have consequences and some consequences just happen to be bad. Saying that all moral beliefs are equally valid is no different than saying that one cannot make judgements about the behaviour of others because there is no absolute standard of good and evil. It’s a rather convenient argument when people are doing the wrong thing and know it.
There are two fundamental problems with moral relativism. The first is that it is a self-defeating argument. By saying that there is no absolute morality you are, in fact, making an absolute claim. The second is that hardly anyone actually believes that morality is relative. If they did, they would regard rape and murder as being equally acceptable behaviour as charity and kindness.
Rather, people use moral relativism to justify their own immoral behaviour. It gives people an easy way out by allowing them to behave in whatever manner they please without moral justification. And this, when you think about it, is precisely what people want: the freedom to do whatever they please without having to feel guilty about it.
Socially progressive people like to see themselves as so sophisticated that they can do away with good and evil. Jolie King and Mark Firkin bought into such a worldview. They now find themselves sitting in Iranian prisons for their troubles. Such is the price of modern arrogance.
Where does society end and the rights of the individual begin? That is the true question that lies at the bottom of the Israel Folau controversy. The courts have been given the unenvious task of determining whether an organisation has the right to punish those members who don’t share its views, or if the rights of the individual should be upheld.
Former rugby player, Israel Folau and his lawyers are seeking up to AuS$15 million (including Aus$5m for the irreparable damage done to Folau’s reputation) from Rugby Australia. Folau had had his contract with Rugby Australia terminated after he was found guilty of a high-level breach (the only kind that can result in termination) of their code of conduct. This high-level breach came from Folau’s decision to post a picture on Instagram stating that hell awaited “drunks, homosexuals, liars, fornicators, thieves, atheists, and idolaters.”
Having failed to reach a settlement with Rugby Australia at a Fair Work hearing, Folau and his lawyers have moved their case on to the Federal Court. Folau himself has merely expressed his desire for Rugby Australia to admit they terminated his contract because of his religious beliefs. In a video, Folau stated: “Hopefully, Rugby Australia will accept that my termination was unlawful and we can reach an agreement about how they can fix that mistake. First and foremost, I am hoping for an apology from Rugby Australia and an acknowledgement that even if they disagree with my views, I should be free to peacefully express my religious beliefs without fear of retribution or punishment.”
According to Rugby Australia’s, Folau’s contract was terminated on the basis that he had violated their requirement to “treat everyone equally, fairly and with dignity regardless of gender or gender identity, sexual orientation, ethnicity, cultural or religious background, age or disability.”
Of course, what really lies at the centre of the Folau case is not homophobia, but freedom of speech and freedom of religion. It is really a question of whether Israel Folau should be allowed to express his religious views without suffering economic or judicial penalty.
Both the US Supreme Court and the Australian Law Reform Commission have placed a special emphasis on freedom of speech. The US Supreme Court has noted that all other rights and freedoms are put in peril when freedom of speech is not protected. Similarly, the Australian Law Reform Commission has stated: “freedom of speech is a fundamental common law right. It has been described as the ‘freedom part excellence: for without it, no other freedom can survive.’
Likewise, the Australian Magna Carta Institute stated:
“Freedom of speech is an essential aspect of the rule of law and ensures there is accountability in government. People must be free to express their opinion about the content of laws, as well as the decisions of government or accountability is greatly reduced. Freedom of expression is a boarder term which incorporates free speech, the right to assemble, and other important ways of expressing ideas and opinions. The balance the law of Australia strikes between protecting and restricting freedom expression generally is very important to understand the health of the rule of law in Australia.”
It is remarkable to note, however, that freedom of speech is protected by neither the Constitution of Australia nor by Federal Legislation. In fact, there is a wide array of laws and regulations that place legal restrictions on expression. One cannot publish military secrets, incite criminal activity, or defame or libel another person.
Rather, freedom of speech is considered a common-law right adopted from the Westminster system. It is a feature of our political and legal traditions. The Australian High Court has stated that there is an implied right to freedom of expression embedded in the Australian Constitution (they did not say anything, however, about non-political expression). Likewise, Australia is also a signatory of the International Covenant on Civil and Political Rights which lists freedom of expression as a fundamental right.
Freedom of religion is a natural extension of freedom of speech, expression, and association. It is derived from the simple fact that the government has no right to dictate what my beliefs should be. The government has no right to force me, a Christian, to accept gay marriage, abortion, or anything else I find incompatible with my beliefs.
Unlike freedom of speech, freedom of religion is a right guaranteed by the Australian Constitution. Section 116 of the Australian Constitution reads:
Commonwealth not to legislate in respect of religion
The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required for any office or public trust under the Commonwealth.”
Similarly, freedom of religion is protected by Australian case law. In the case of Church of the New Faith v. Commissioner for Payroll Tax (Vic), the Judges Mason ACJ and Brennan J. commented: “freedom of religion, the paradigm freedom of conscience, is the essence of a free society.” Similarly, in the case of Evans v. New South Wales, the Federal Court decreed that religious freedom as an “important freedom generally accepted in society.”
The road to hell is paved with good intentions. A decision that favours Rugby Australia will give large organisations the legal mandate to bully and intimidate those that don’t agree with their views. If Australia’s Federal Court truly believes in freedom, it will uphold Israel Folau’s right to freedom of speech and religion, and rule against Rugby Australia.
I would like to begin this essay by reciting a poem by the English Romantic poet, William Wordsworth (1770 – 1850):
Milton! thou shouldst be living at this hour:
England hath need for thee: she is a fen
Of stagnant waters: altar, sword, and pen,
Fireside, the heroic wealth of hall and bower,
Have forfeited their ancient English dower
Of inward happiness. We are selfish men;
Oh! raise us up, return to us again;
And give us manners, virtue, freedom, power.
Thy soul was like a star, and dwelt apart:
Thou hadst a voice whose sound was like the sea:
Pure as the naked heavens, majestic, free
So didst thou travel on life’s common way,
In cheerful godliness; and yet thy heart
The lowliest duties on herself did lay.
The poem, entitled London 1802, is Wordsworth’s ode to an older, nobler time. In it he attempts to conjure up the spirit of John Milton (1608 – 1674), the writer and civil servant immortalised for all time as the writer of Paradise Lost.
Milton acts as the embodiment for a nobler form of humanity. He symbolises a time when honour and duty played far greater a role in the human soul than it did in Wordsworth’s time, or even today. It is these themes of honour, duty, and nobility that will provide the spiritual basis for constitutional monarchy.
It is a subject that I will return to much later in this essay. But, to begin, it would perhaps be more prudent to begin this essay in earnest by examining those aspects of English history that allowed both constitutional monarchy and English liberty to be borne.
The English monarchy has existed for over eleven-hundred years. Stretching from King Alfred the Great in the 9th century to Elizabeth II in the 21st, the English people have seen more than their fair share of heroes and villains, wise kings and despotic tyrants. Through their historical and political evolution, the British have developed, and championed, ideals of liberty, justice, and good governance. The English have gifted these ideals to most of the Western World through the importation of their culture to most of the former colonies.
It is a sad reality that there are many people, particularly left-wing intellectuals, who need to reminded of the contributions the English have made to world culture. The journalist, Peter Hitchens (1951 – ) noted in his book, The Abolition of Britain that abhorrence for one’s own country was a unique trait of the English intellectual. Similarly, George Orwell (1903 – 1950) once observed, an English intellectual would sooner be seen stealing from the poor box than standing for “God Save the King.”
However, these intellectuals fail to notice, in their arrogance, that “God save the King” is actually a celebration of constitutional monarchy and not symbolic reverence to an archaic and rather powerless royal family. It is intended to celebrate the nation as embodied in the form of a single person or family and the fact that the common man and woman can live in freedom because there are constitutional restraints placed on the monarch’s power.
If one’s understanding of history has come from films like Braveheart, it is easy to believe that all people in all times have yearned to be free. A real understanding of history, one that comes from books, however, reveals that this has not always been the case. For most of history, people lived under the subjugation of one ruler or another. They lived as feudal serfs, subjects of a king or emperor, or in some other such arrangement. They had little reason to expect such arrangements to change and little motivation to try and change them.
At the turn of the 17th century, the monarchs of Europe began establishing absolute rule by undermining the traditional feudal institutions that had been in place for centuries. These monarchs became all-powerful wielding their jurisdiction over all forms of authority: political, social, economic, and so forth.
To justify their mad dash for power, Europe’s monarchs required a philosophical argument that vindicated their actions. They found it in a political doctrine known as ‘the divine rights of kings.’ This doctrine, formulated by the Catholic Bishop, Jacques Bossuet (1627 – 1704) in his book, Politics Derived from Sacred Scripture, argued that monarchs were ordained by God and therefore represented His will. It was the duty of the people to obey that individual without question. As such, no limitations could be put on a monarch’s power.
What Bossuet was suggesting was hardly a new, but it did provide the justification many monarchs needed to centralise power in themselves. King James I (1566 – 1625) of England and Scotland saw monarchs as God’s lieutenants and believed that their actions should be tempered by the fear of God since they would be called to account at the Last Judgement. On the basis of this belief, King James felt perfectly justified in proclaiming laws without the consent of parliament and involving himself in cases being tried before the court.
When King James died in 1625, he was succeeded by his second-eldest son, Charles (1600 – 1649). King Charles I assumed the throne during a time of political change. He was an ardent believer in the divine rights of kings, a belief that caused friction between the monarch and parliament from whom he had to get approval to raise funds.
In 1629, Charles outraged much of the population, as well as many nobles, when he elected to raise funds for his rule using outdated taxes and fines, and stopped calling parliament altogether. Charles had been frustrated by Parliament’s constant attacks on him and their refusal to furnish him with money. The ensuing period would become known as the eleven years tyranny.
By November 1640, Charles had become so bereft of funds that he was forced to recall Parliament. The newly assembled Parliament immediately began clamouring for change. They asserted the need for a regular parliament and sought changes that would make it illegal for the King to dissolve the political body without the consent of its members. In addition, the Parliament ordered the king to execute his friend and advisor, Thomas Wentworth (1593 – 1641), the 1st Earl of Stafford, for treason.
The result was a succession of civil wars that pitted King Charles against the forces of Parliament, led by the country gentlemen, Oliver Cromwell (1599 – 1658). Hailing from Huntingdon, Cromwell was a descendant of Henry VIII’s (1491 – 1547) chief minister, Thomas Cromwell (1485 – 1550). In the end, it would decimate the English population and forever alter England’s political character.
The English Civil War began in January 1642 when King Charles marched on Parliament with a force of four-hundred-thousand men. He withdrew to Oxford after being denied entry. Trouble was brewing. Throughout the summer, people aligned themselves with either the monarchists or the Parliamentarians.
The forces of King Charles and the forces of Parliament would meet at the Battle of Edgehill in October. What would follow is several years of bitter and bloody conflict.
Ultimately, it was Parliament that prevailed. Charles was captured, tried for treason, and beheaded on January 30th, 1642. England was transformed into a republic or “commonwealth.” The English Civil War had claimed the lives of two-hundred-thousand peoples, divided families, and facilitated enormous social and political change. Most importantly, however, it set the precedent that a monarch could not rule without the consent of parliament.
The powers of parliament had been steadily increasing since the conclusion of the English Civil War. However, total Parliamentary supremacy had proven unpopular. The Commonwealth created in the wake of the Civil War had collapsed shortly after Oliver Cromwell’s death. When this happened, it was decided to restore the Stuart dynasty.
The exiled Prince Charles returned to France and was crowned King Charles II (1630 – 1685). Like his father and grandfather, Charles was an ardent believer in the divine rights of kings. This view put him at odds with those of the Enlightenment which challenged the validity of absolute monarchy, questioned traditional authority, and idealised liberty.
By the third quarter of the 17th century, Protestantism had triumphed in both England and Scotland. Ninety-percent of the British population was Protestant. The Catholic minority was seen as odd, sinister, and, in extreme cases, outright dangerous. People equated Catholicism with tyranny linking French-Style autocracy with popery.
It should come as no surprise, then, that Catholics became the target of persecution. Parliament barred them from holding offices of state and banned Catholic forms of worship. Catholics were barred from becoming members of Parliament, justices of the peace, officers in the army, or hold any other position in Parliament unless they were granted a special dispensation by the King.
It is believed that Charles II may have been a closet Catholic. He was known for pardoning Catholics for crimes (controversial considering Great Britain was a protestant country) and ignoring Parliament.
However, Charles’ brother and successor, James (1633 – 1701) was a Catholic beyond any shadow of a doubt. He had secretly converted in 1669 and was forthright in his faith. After his first wife, Anne Hyde (1637 – 1671) died, James had even married the Italian Catholic, Mary of Modena (1658 – 1718). A decision that hardly endeared him to the populace.
The English people became alarmed when it became obvious that Charles II’s wife, Catherine of Braganza (1638 – 1705) would not produce a Protestant heir. It meant that Charles’ Catholic brother, James was almost certainly guaranteed to succeed him on the throne. So incensed was Parliament at having a Catholic on the throne, they attempted to pass the Crown onto one of Charles’ Anglican relatives.
Their concern was understandable, too. The English people had suffered the disastrous effects of religious intolerance since Henry VIII had broken away from the Catholic Church and established the Church of England. The result had been over a hundred years of religious conflict and persecution. Mary I (1516 – 1558), a devout Catholic, had earnt the moniker “bloody Mary” for burning Protestants the stake. During the reign of King James, Guy Fawkes (1570 – 1606), along with a group of Catholic terrorists, had attempted to blow up Parliament in the infamous “gunpowder plot.”
Unlike Charles II, James made his faith publicly known. He desired greater tolerance for Catholics and non-Anglican dissenters like Quakers and Baptists. The official documents he issued, designed to bring about the end of religious persecution, were met with considerable objection from both Bishops and Europe’s protestant monarchs.
Following the passing of the Test Act in 1672, James had briefly been forced to abandon his royal titles. The Act required officers and members of the nobility to take the Holy Communion as spelt out by the Church of England. It was designed to prevent Catholics from taking public office.
Now, as King, James was attempting to repeal the Test Act by placing Catholics in positions of power. His Court featured many Catholics and he became infamous for approaching hundreds of men – justices, wealthy merchants, and minor landowners – to stand as future MPs and, in a process known as ‘closeting’, attempting to persuade them to support his legal reforms. Most refused.
That was not the limits of James’ activities, either. He passed two Declarations of Indulgences to be read from every stage for two Sundays, and put those who opposed it on trial for seditious libel. Additionally, he had imprisoned seven Bishops for opposing him, made sweeping changes to the Church of England, and built an army comprising mainly of Catholics.
The people permitted James II to rule as long as his daughter, the Protestant Prince Mary (1662 – 1694) remained his heir. All this changed, however, when Mary Modena produced a Catholic heir: James Francis Edward Stuart (1688 – 1766). When James declared that the infant would be raised Catholic, it immediately became apparent that a Catholic dynasty was about to be established. Riots broke out. Conspiracy theorists posited that the child was a pawn in a Popish plot. The child, the theory went, was not the King’s son but rather a substitute who had been smuggled into the birthing chamber in a bed-warming pan.
In reality, it was the officers of the Army and Navy who were beginning to plot and scheme in their taverns and drinking clubs. They were annoyed that James had introduced Papist officers into the military. The Irish Army, for example, had seen much of its Protestant officer corps dismissed and replaced with Catholics who had little to no military experience.
James dissolved Parliament in July 1688. Around this time, a Bishop and six prominent politicians wrote to Mary and her Dutch husband, William of Orange (1650 – 1702) and invited them to raise an army, invade London, and seize the throne. They accepted.
William landed in Dorset on Guy Fawkes’ day accompanied by an army of fifteen-thousand Dutchmen and other Protestant Europeans. He quickly seized Exeter before marching eastward towards London. James II called for troops to confront William.
Things were not looking good for James, however. Large parts of his officer corps were defecting to the enemy and taking their soldiers with them. Without the leadership of their officers, many soldiers simply went home. English magnates started declaring for William. And his own daughter, Princess Anne (1665 – 1714) left Whitehall to join the rebels in Yorkshire. James, abandoned by everyone, fled to exile in France. He would die there twelve-years-later.
On January 22nd, 1689, William called the first ‘convention parliament.’ At this ‘convention’, Parliament passed two resolutions. First, it was decided that James’ flight into exile constituted an act of abdication. And second, it was declared a war against public policy for the throne to be occupied by a Catholic. As such, the throne was passed over James Francis Edward Stuart, and William and Mary were invited to take the Crown as co-monarchs.
They would be constrained, however, by the 1689 Bill of Rights and, later, by the 1701 Act of Settlement. The 1689 Bill of Rights made Great Britain a constitutional monarchy as opposed to an absolute one. It established Parliament, not the crown, as the supreme source of law. And it set out the most basic rights of the people.
Likewise, the 1701 Act of Settlement helped to strengthen the Parliamentary system of governance and secured a Protestant line of succession. Not only did it prevent Catholics from assuming the throne, but it also gave Parliament the ability to dictate who could ascend to the throne and who could not.
The Glorious Revolution was one of the most important events in Britain’s political evolution. It made William and Mary, and all monarchs after them, elected monarchs. It established the concept of Parliamentary sovereignty granting that political body the power to make or unmake any law it chose to. The establishment of Parliamentary sovereignty brought with it the ideas of responsible and representative government.
The British philosopher, Roger Scruton (1944 – ) described British constitutional monarchy as a “light above politics which shines down [on] the human bustle from a calmer and more exalted sphere.” A constitutional monarchy unites the people for a nation under a monarch who symbolises their shared history, culture, and traditions.
Constitutional monarchy is a compromise between autocracy and democracy. Power is shared between the monarch and the government, both of whom have their powers restricted by a written, or unwritten, constitution. This arrangement separates the theatre of power from the realities of power. The monarch is able to represent the nation whilst the politician is able to represent his constituency (or, more accurately, his party).
In the Need for Roots, the French philosopher, Simone Weils (1909 – 1943) wrote that Britain had managed to maintain a “centuries-old tradition of liberty guaranteed by the authorities.” Weils was astounded to find that chief power in the British constitution lay in the hands of a lifelong, unelected monarch. For Weils, it was this arrangement that allowed the British to retain its tradition of liberty when other countries – Russia, France, and Germany, among others – lost theirs when they abolished their monarchies.
Great Britain’s great legacy is not their once vast and now non-existent Empire, but the ideas of liberty and governance that they have gifted to most of their former colonies. Even the United States, who separated themselves from the British by means of war, inherited most of their ideas about “life, liberty, and the pursuit of happiness” from their English forebears.
The word “Commonwealth” was adopted at the Sixth Imperial Conference held between October 19th and November 26th, 1926. The Conference, which brought together the Prime Ministers of the various dominions of the British Empire, led to the formation of the Inter-Imperial Relations Committee. The Committee, headed for former British Prime Minister, Arthur Balfour (1848 – 1930), was designed to look into future constitutional arrangements within the commonwealth.
“We refer to the group of self-governing communities composed of Great Britain and the Dominions. Their position and mutual relation may be readily defined. They are autonomous Communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations.”
“Every self-governing member of the Empire is now the master of its destiny. In fact, if not always in form, it is subject to no compulsion whatsoever.”
Then, in 1931, the Parliament of the United Kingdom passed the Statute of Westminster. It became one of two laws that would secure Australia’s political and legal independence from Great Britain.
The Statute of Westminster gave legal recognition to the de-facto independence of the British dominions. Under the law, Australia, Canada, the Irish Free State, Newfoundland (which would relinquish its dominion status and be absorbed into Canada in 1949), New Zealand and South Africa were granted legal independence.
Furthermore, the law abolished the Colonial Validity Act 1865. A law which had been enacted with the intention of removing “doubts as to the validity of colonial laws.” According to the act, a Colonial Law was void when it “is or shall be in any respect repugnant to the provisions of any Act of Parliament extending to the colony to which such laws may relate, or repugnant to any order or regulation under authority of such act of Parliament or having in the colony the force and effect of such act, shall be read subject to such act, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be and remain absolutely void and inoperative.”
The Statute of Westminster was quickly adopted by Canada, South Africa, and the Irish Free State. Australia, on the other hand, did not adopt it until 1942, and New Zealand did not adopt it until 1947.
More than forty-years-later, the Hawke Labor government passed the Australia Act 1986. This law effectively made the Australian legal system independent from Great Britain. It had three major achievements. First, it ended appeals to the Privy Council thereby establishing the High Court as the highest court in the land. Second, it ended the influence the British government had over the states of Australia. And third, it allowed Australia to update or repeal those imperial laws that applied to them by ending British legislative restrictions.
What the law did not do, however, was withdraw the Queen’s status as Australia’s Head of State:
“Her Majesty’s Representative in each State shall be the Governor.
Subject to subsections (3) and (4) below, all powers and functions of Her Majesty in respect of a State are exercisable only by the Governor of the State.
Subsection (2) above does not apply in relation to the power to appoint, and the power to terminate the appointment of, the Governor of a State.
While her Majesty is personally present in a State, Her Majesty is not precluded from exercising any of Her powers and functions in respect of the State that are the subject of subsection (2) above.
The advice of Her Majesty in relation to the exercise of powers and functions of Her Majesty in respect of a State shall be tendered by the Premier of the State.”
These two laws reveal an important miscomprehension that is often exploited by Australian Republicans. That myth is the idea that Australia does not have legal and political independence because its Head of State is the British monarch. The passage of the Statute of Westminster in 1931 and the Australia Act in 1986 effectively ended any real political or legal power the British government had over Australia.
In Australia, the monarch (who is our head of state by law) is represented by a Governor General. This individual – who has been an Australian since 1965 – is required to take an oath of allegiance and an oath of office that is administered by a Justice (typically the Chief Justice) of the High Court. The Governor-General holds his or her position at the Crown’s pleasure with appointments typically lasting five years.
The monarch issues letters patent to appoint the Governor General based on the advice of Australian ministers. Prior to 1924, Governor Generals were appointed on the advice of both the British government and the Australian government. This is because the Governor General at that time represented both the monarch and the British government. This arrangement changed, however, at the Imperial Conferences of 1926 and 1930. The Balfour Report produced by these conferences stated that the Governor General should only be the representative of the crown.
The Governor General’s role is almost entirely ceremonial. It has been argued that such an arrangement could work with an elected Head of State. However, such an arrangement would have the effect of politicising and thereby corrupting the Head of State. A Presidential candidate in the United States, for example, is required to raise millions of dollars for his campaign and often finds himself beholden to those donors who made his ascent possible. The beauty of having an unelected Head of State, aside from the fact that it prevents the government from assuming total power, is that they can avoid the snares that trap other political actors.
The 1975 Constitutional Crisis is a perfect example of the importance of having an independent and impartial Head of State. The crises stemmed from the Loans Affair which forced Dr. Jim Cairns (1914 – 2003), Deputy Prime Minister, Treasurer, and intellectual leader of the political left, and Rex Connor (1907 – 1977) out of the cabinet. As a consequence of the constitutional crisis, Gough Whitlam (1916 – 2014) was dismissed as Prime Minister and the 24th federal parliament was dissolved.
The Loan’s affair began when Rex Connor attempted to borrow money, up to US$4b, to fund a series of proposed national development projects. Connor deliberately flouted the rules of the Australian Constitution which required him to take such non-temporary government borrowing to the Loan Council (a ministerial council consisting of both Commonwealth and state elements which existed to coordinate public sector borrowing) for approval. Instead, on December 13th, 1974, Gough Whitlam, Attorney-General Lionel Murphy (1922 – 1986), and Dr. Jim Cairns authorised Connor to seek a loan without the council’s approval.
When news of the Loans Affair was leaked, the Liberal Party, led by Malcolm Fraser (1930 – 2015), began questioning the government. Whitlam attempted to brush the scandal aside by claiming that the loans had merely been “matters of energy” and claiming that the Loans Council would only be advised once a loan had been made. Then, on May 21st, Whitlam informed Fraser that the authority for the plan had been revoked.
Despite this, Connor continued to liaise with the Pakistani financial broker, Tirath Khemlani (1920 – 1991). Khemlani was tracked down and interviewed by Herald Journalist, Peter Game (1927 – ) in mid-to-late 1975. Khemlani claimed that Connor had asked for a twenty-year loan with an interest of 7.7% and a 2.5% commission for Khemlani. The claim threw serious doubt on Dr. Jim Cairn’s claim that the government had not offered Khemlani a commission on a loan. Game also revealed that Connor and Khemlani were still in contact, something Connor denied in the Sydney Morning Herald.
Unfortunately, Khemlani had stalled on the loan, most notably when he had been asked to go to Zurich with Australian Reserve Bank officials to prove the funds were in the Union Bank of Switzerland. When it became apparent that Khemlani would never deliver Whitlam was forced to secure the loan through a major American investment bank. As a condition of that loan, the Australian government was required to cease all other loans activities. Consequentially, Connor had his loan raising authority revoked on May 20th, 1975.
The combination of existing economic difficulties with the political impact of the Loan’s Affair severely damaged to the Whitlam government. At a special one day sitting of the Parliament held on July 9th, Whitlam attempted to defend the actions of his government and tabled evidence concerning the loan. It was an exercise in futility, however. Malcolm Fraser authorised Liberal party senators – who held the majority in the upper house at the time – to force a general election by blocking supply.
And things were only about to get worse. In October 1975, Khemlani flew to Australia and provided Peter Game with telexes and statutory declarations Connor had sent him as proof that he and Connor had been in frequent contact between December 1974 and May 1975. When a copy of this incriminating evidence found its way to Whitlam, the Prime Minister had no other choice but to dismiss Connor and Cairns (though he did briefly make Cairns Minister for the Environment).
By mid-October, every metropolitan newspaper in Australia was calling on the government to resign. Encouraged by this support, the Liberals in the Senate deferred the Whitlam budget on October 16th. Whitlam warned Fraser that the Liberal party would be “responsible for bills not being paid, for salaries not being paid, for utter financial chaos.” Whitlam was alluding to the fact that blocking supply threatened essential services, Medicare rebates, the budgets of government departments and the salaries of public servants. Fraser responded by accusing Whitlam of bringing his own government to ruin by engaging in “massive illegalities.”
On October 21st, Australian’s longest-serving Prime Minister, Sir Robert Menzies (1894 – 1978) signalled his support for Fraser and the Liberals. The next day, Treasurer, Bill Hayden (1933 – ) reintroduced the budget bills and warned that further delay would increase unemployment and deepen a recession that had blighted the western world since 1973.
The crisis would come to a head on Remembrance Day 1975. Whitlam had asserted for weeks that the Senate could not force him into an election by claiming that the House of Representatives had an independence and an authority separate from the Senate.
Whitlam had decided that he would end the stalemate by seeking a half-senate election. Little did he know, however, that the Governor-General, Sir John Kerr (1914 – 1991) had been seeking legal advice from the Chief Justice of the High Court on how he could use his Constitutional Powers to end the deadlock. Kerr had come to the conclusion that should Whitlam refuse to call a general election, he would have no other alternative but to dismiss him.
And this is precisely what happened. With the necessary documents drafted, Whitlam arranged to meet Kerr during the lunch recess. When Whitlam refused to call a general election, Kerr dismissed him and, shortly after, swore in Malcolm Fraser as caretaker Prime Minister. Fraser assured Kerr that he would immediately pass the supply bills and dissolve both houses in preparation for a general election.
Whitlam returned to the Lodge to eat lunch and plan his next movie. He informed his advisors that he had been dismissed. It was decided that Whitlam’s best option was to assert Labor’s legitimacy as the largest party in the House of Representatives. However, fate was already moving against Whitlam. The Senate had already passed the supply bills and Fraser was drafting documents that would dissolve the Parliament.
At 2pm, Deputy Prime Minister, Frank Crean (1916 – 2008) defended the government against a censure motion started by the opposition. “What would happen, for argument’s sake, if someone else were to come here today and say he was now the Prime Minister of this country”, Crean asked. In fact, Crean was stalling for time while Whitlam prepared his response.
At 3pm, Whitlam made a last-ditch effort to save his government by addressing the House. Removing references to the Queen, he asked that the “House expresses its want of confidence in the Prime Minister and requests, Mr. Speaker, forthwith to advice His Excellency, the Governor-General to call the member of Wannon to form a government.” Whitlam’s motion was passed with a majority of ten.
The speaker, Gordon Scholes (1931 – 2018) expressed his intention to “convey the message of the House to His Excellency at the first opportunity.” It was a race that Whitlam was not supposed to win. Scholes was unable to arrange an appointment until quarter-to-five in the afternoon.
Behind the scenes, departmental officials were working to provide Fraser with the paperwork he needed to proclaim a double dissolution. By ten-to-four, Fraser left for government house. Ten minutes later, Sir John Kerr had signed the proclamation dissolving both Houses of Parliament and set the date for the upcoming election for December 13th, 1975. Shortly after, Kerr’s official secretary, David Smith (1933) drove to Parliament House and, with Whitlam looming behind him, read the Governor General’s proclamation.
The combination of economic strife, political scandal, and Whitlam’s dismissal signed the death warrant for Whitlam’s government. At the 1975 Federal Election, the Liberal-National coalition won by a landslide, gaining a majority of ninety-one seats and obtaining a popular vote of 4,102,078. In the final analysis, it seems that the Australian people had agreed with Kerr’s decision and had voted to remove Whitlam’s failed government from power once and for all.
Most of the arguments levelled against constitutional monarchies can be described as petty, childish, and ignorant. The biggest faux pas those who oppose constitutional monarchies make is a failure to separate the royal family (who are certainly not above reproach) from the institution of monarchy itself. Dislike for the Windsor family is not a sufficient reason to disagree with constitutional monarchy. It would be as if I decided to argue for the abolition of the office of Prime Minister just because I didn’t like the person who held that office.
One accusation frequently levelled against the monarchy is that they are an undue financial burden on the British taxpaying public. This is a hollow argument, however. It is certainly true that the monarchy costs the British taxpayer £299.4 million every year. And it is certainly true that the German Presidency costs only £26 million every year. However, it is not true that all monarchies are necessarily more expensive than Presidencies. The Spanish monarchy costs only £8 million per year, less than the Presidencies of Germany, Finland, and Portugal.
Australia has always had a small but vocal republican movement. The National Director of the Republican Movement, Michael Cooney has stated: “no one thinks it ain’t broken, that we should fix it. And no one thinks we have enough say over our future, and so, no matter what people think about in the sense of the immediate of the republic everyone knows that something is not quite working.”
History, however, suggests that the Australian people do not necessarily agree with Cooney’s assessment. The Republican referendum of 1999 was designed to facilitate two constitutional changes: first, the establishment of a republic, and, second, the insertion of a preamble in the Constitution.
The Referendum was held on November 6th, 1999. Around 99.14%, or 11,683,811 people, of the Australian voting public participated. 45.13%, or 5,273,024 voted yes. However, 54.87%, or 6,410,787 voted no. The Australian people had decided to maintain Australia’s constitutional monarchy.
All things considered, it was probably a wise decision. The chaos caused by establishing a republic would pose a greater threat to our liberties than a relatively powerless old lady. Several problems would need to be addressed. How often should elections occur? How would these elections be held? What powers should a President have? Will a President be just the head of state, or will he be the head of the government as well? Australian republicans appear unwilling to answer these questions.
Margaret Tavits of Washington University in St. Louis once observed that: “monarchs can truly be above politics. They usually have no party connections and have not been involved in daily politics before assuming the post of Head of State.” It is the job of the monarch to become the human embodiment of the nation. It is the monarch who becomes the centrepiece of pageantry and spectacle. And it the monarch who symbolises a nation’s history, tradition, and values.
Countries with elected, or even unelected, Presidents can be quite monarchical in style. Americans, for example, often regard their President (who is both the Head of State and the head of the government) with an almost monarchical reverence. A constitutional monarch might be a lifelong, unelected Head of State, but unlike a President, that is generally where their power ends. It is rather ironic that the Oxford political scientists, Petra Schleiter and Edward Morgan-Jones have noted that allow governments to change without democratic input like elections than monarchs are. Furthermore, by occupying his or her position as Head of State, the monarch is able to prevent other, less desirable people from doing so.
The second great advantage of constitutional monarchies is that they provide their nation with stability and continuity. It is an effective means to bridging the past and future. A successful monarchy must evolve with the times whilst simultaneously keeping itself rooted in tradition. All three of my surviving grandparents have lived through the reign of King George VI, Queen Elizabeth II, and may possibly live to see the coronation of King Charles III. I know that I will live through the reigns of Charles, King William V, and possibly survive to see the coronation of King George VII (though he will certainly outlive me).
It would be easy to dismiss stability and continuity as manifestations of mere sentimentality, but such things also have a positive effect on the economy, as well. In a study entitled Symbolic Unity, Dynastic Continuity, and Countervailing Power: Monarchies, Republics and the Economy Mauro F. Guillén found that monarchies had a positive impact on economies and living standards over the long term. The study, which examined data from one-hundred-and-thirty-seven countries including different kinds of republics and dictatorships, found that individuals and businesses felt more confident that the government was not going to interfere with their property in constitutional monarchies than in republics. As a consequence, they are more willing to invest in their respective economies.
When Wordsworth wrote his ode to Milton, he was mourning the loss of chivalry he felt had pervaded English society. Today, the West is once again in serious danger of losing those two entities that is giving them a connection to the chivalry of the past: a belief in God and a submission to a higher authority.
Western culture is balanced between an adherence to reason and freedom on the one hand and a submission to God and authority on the other. It has been this delicate balance that has allowed the West to become what it is. Without it, we become like Shakespeare’s Hamlet: doomed to a life of moral and philosophical uncertainty.
It is here that the special relationship between freedom and authority that constitutional monarchy implies becomes so important. It satisfies the desire for personal autonomy and the need for submission simultaneously.
The Christian apologist and novelist, C.S. Lewis (1898 – 1964) once argued that most people no more deserved a share in governing a hen-roost than they do in governing a nation:
“I am a democrat because I believe in the fall of man. I think most people are democrats for the opposite reason. A great deal of democratic enthusiasm descends from the idea of people like Rousseau who believed in democracy because they thought mankind so wise and good that everyone deserved a share in the government. The danger of defending democracy on those grounds is that they’re not true and whenever their weakness is exposed the people who prefer tyranny make capital out of the exposure.”
The necessity for limited government, much like the necessity for authority, comes from our fallen nature. Democracy did not arise because people are so naturally good (which they are not) that they ought to be given unchecked power over their fellows. Aristotle (384BC – 322BC) may have been right when he stated that some people are only fit to be slaves, but unlimited power is wrong because there is no one person who is perfect enough to be a master.
Legal and economic equality are necessary bulwarks against corruption and cruelty. (Economic equality, of course, refers to the freedom to engage in lawful economic activity, not to socialist policies of redistributing wealth that inevitably lead to tyranny). Legal and economic equality, however, does not provide spiritual sustenance. The ability to vote, buy a mobile phone, or work a job without being discriminated against may increase the joy in your life, but it is not a pathway to genuine meaning in life.
Equality serves the same purpose that clothing does. We are required to wear clothing because we are no longer innocent. The necessity of clothes, however, does not mean that we do not sometimes desire the naked body. Likewise, just because we adhere to the idea that God made all people equal does not mean that there is not a part of us that does not wish for inequality to present itself in certain situations.
Chivalry symbolises the best human beings can be. It helps us realise the best in ourselves by reconciling fealty and command, inferiority and superiority. However, the ideal of chivalry is a paradox. When the veil of innocence has been lifted from our eyes, we are forced to reconcile ourselves to the fact that bullies are not always cowards and heroes are not always modest. Chivalry, then, is not a natural state, but an ideal to be aimed for.
The chivalric ideal marries the virtues of humility and meekness with those of valour, bravery, and firmness. “Thou wert the meekest man who ever ate in hall among ladies”, said Sir Ector to the dead Lancelot. “And thou wert the sternest knight to thy mortal foe that ever-put spear in the rest.”
Constitutional monarchy, like chivalry, makes a two-fold demand on the human spirit. Its democratic element, which upholds liberty, demands civil participation from all its citizens. And its monarchical element, which champions tradition and authority, demands that the individual subjugate himself to that tradition.
It has been my aim in this essay to provide a historical, practical, and spiritual justification for constitutional monarchy. I have demonstrated that the British have developed ideals of liberty, justice, and good governance. The two revolutions of the 17th century – the English Civil War and the Glorious Revolution – established Great Britain as a constitutional monarchy. It meant that the monarch could not rule without the consent of parliament, established parliament as the supreme source of law, and allowed them to determine the line of succession. I have demonstrated that constitutional monarchs are more likely to uphold democratic principles and that the stability they produce encourages robust economies. And I have demonstrated that monarchies enrich our souls because it awakens in us the need for both freedom and obedience.
Our world has become so very vulgar. We have turned our backs on God, truth, beauty, and virtue. Perhaps we, like Wordsworth before us, should seek virtue, manners, freedom, and power. We can begin to do this by retaining the monarchy.
It is a rare occurrence to see a film that is so memorable that it implants itself on the human psyche. A film that contains such a captivating story, compelling characters, and profound themes occurs so rarely it becomes etched into our collective unconscious. A Man for All Seasons is one of those films.
Set in Tudor England during the reign of King Henry VIII (1491 – 1547), A Man for All Seasons tells the story of Henry’s divorce from Catherine of Aragon (1485 – 1536), the birth of the Church of England, and the man who stood opposed to it.
During the 1530s, King Henry VIII broke away from the Catholic Church, passed the Act of Succession (which declared Princess Mary (1516 – 1558), the King’s daughter with Catherine, illegitimate) and the Act of Supremacy (which gave Henry supreme command over the Church in England), and made himself the Supreme Head of the Church of England.
In A Man for All Seasons, Henry asks Sir Thomas More (1478 – 1535) to disregard his own principles and express his approval of the King’s desire to divorce his wife and establish an English Church separate from Rome. Henry believes that More’s support will legitimise his actions because More is a man known for his moral integrity. Initially, Henry uses friendship and dodgy logic to convince his friend. It fails, and the so-called “defender of the faith” tries using religious arguments to justify his adultery. When this fails, he merely resorts to threats. Again, More refuses to endorse Henry’s actions.
A Man for All Seasons is really about the relationship between the law (representing the majesty of the state) and individual consciousness. In the film, Sir Thomas More is depicted as a man with an almost religious reverence for the law because he sees it as the only barrier between an ordered society and anarchy. In one scene, when William Roper the Younger (1496 – 1578) tells him he would gladly lay waste to every law in order to get at the devil, More replies that he would “give the devil benefit of law for my own safety’s sake.”
More’s reverence goes far beyond mere man-made law, however. He also shows a deep reverence for the laws of God, as well. After being sentenced to death, More finally breaks his silence and refers to the Act of Succession, which required people to recognise Henry’s supremacy in the Church and his divorce from Catherine of Aragon, as “directly repugnant to the law of God and His Holy Church, the Supreme Government of which no temporal person may be any law presume to take upon him.” More argues that the authority to enforce the law of God was granted to Saint Peter by Christ himself and remained the prerogative of the Bishop of Rome.
Furthermore, More argues that the Catholic Church had been guaranteed immunity from interference in both the King’s coronation oath and in Magna Carta. In his coronation oath, Henry had promised to “preserve to God and Holy Church, and to the people and clergy, entire peace and concord before God.” Similarly, the Magna Carta stated that the English people had “granted to God, and by this present charter confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired.”
The central problem of the film is that the legal and political system in England is incapable of allowing More to hold a contradictory, private opinion. Even before he is appointed Chancellor, More expresses no desire to get involved with the debate surrounding the King’s marriage. He will not, however, swear an oath accepting the King’s marriage or his position as the head of the Church of England. More believes that it is the Pope who is the head of the Church, not the King, and he is perfectly willing to sacrifice his wealth, family, position, freedom, and, ultimately, his life to retain his integrity.
The relationship between the law and an individual’s conscience is an important one. What A Man for All Seasons illustrates is just how important this relationship is, and what happens when this relationship is violated. Modern proponents of social justice, identity politics, and political correctness would do well to watch A Man for All Seasons.
Sometimes a civilisation can become so sophisticated that it believes it can overcome truth. We have become one of those civilisations. As a consequence of our arrogance, we have come to believe that we can circumvent some of the most fundamental truths about reality. We blame inequality on the social structure even though most social animals live in hierarchies. We believe that primitive people are noble even though mankind in its primitive state is more violent than at any other stage. And we believe that we can change the way human beings eat despite the fact that it is making us unhappy.
It is our modern obsession over diet and exercise that I would like to focus on. This obsession has arisen from a society that is too safe, too free, and too prosperous for its own good. This is not to say that safety, freedom, and prosperity are bad things. Indeed, we should get down on our knees and thank God every day that we live in a country that has these things. However, it is also true that too much safety, freedom, and prosperity breeds passivity and complacency. The hardships our ancestors faced – war, poverty, disease – are no longer problems for us. Therefore, we lack the meaning that these hardships bring to our life. As a result, we have come to invent problems. Among these has been a tendency to render the consumption of certain food as something unhealthy, unethical, or both.
Our modern obsession with food is causing significant personal problems. On the one hand, the ease in which food, especially that which is laden with sugar, is causing a rise in cases of obesity. (Note: I am using the word ‘obesity’ as a blanket term for people who are overweight). It is a uniquely modern problem. Our ancestors never battled weight gain because they were only able to find or afford enough food to keep them and their families from starving. Now the quantity, cheapness, and, in many cases, poor quality of food means that the fattest amongst are also often the poorest. But obesity is less a problem that arises out of food and more of a problem arising from laziness and gluttony. (Naturally, I am excluding health problems and genetic disorders from this conclusion).
On the other hand, however, our obsession over being skinny or muscle-bound is also causing problems. I have seen plenty of people who are clearly overweight. In rare cases, I have even seen people who are so morbidly obese that it can only be described as breathtaking. However, I have also seen women (and it primarily women, by the way) who can only be described as unnaturally thin. It is as though our society, having realised that being overweight is healthy, has decided that its opposite must be good. It isn’t. Just right is just right.
And it’s not just individuals who are subjecting themselves to this kind of self-imposed torture. And it’s not limited to people in the here and now, either. In 1998, The Independent reported that many doctors in the United Kingdom were concerned that well-meaning parents were unintentionally starving their children to death by feeding them low fat, low sugar diets. These children were said to be suffering from the effects of “muesli-belt nutrition.” They had become malnourished because either they or their parents had maintained had become obsessed with maintaining a low-fat, low-sugar, low-salt diet. The article reported: “Malnutrition, once associated with slums, is said to have become an increasing problem for middle-class families in the past fifteen years. The victim of so-called ‘muesli-belt nutrition’ are at risk of stunted growth, anaemia, learning difficulties, heart disease and diabetes.”
Our obsession over diet is really a sign of how well-off our society is. Our ancestors had neither the time nor the resources to adhere to the kind of crazy-strict diets that modern people, in their infinite stupidity, decide to subject themselves to. It is high time we stopped obsessing over food and got a grip.
Culture is more important than politics. However, in the hierarchy of priorities, many conservatives rank it somewhere between checking their privilege and meeting diversity and inclusion quotas. They simply do see it as being of any importance.
Conservatives mistakenly believe that the culture is less important than politics and economics. In their mind, culture is akin to leisure, something that is relegated to times to relaxation. However, as the late Andrew Breitbart (1969 – 2012), was fond of pointing out: politics is downstream of culture. It is culture – art, film, theatre, literature, sports, video games, news media, and comic books, among other things – that informs public opinion long before policy is announced to the public or even made.
The left has realised this. They have made it a key aspect of their long-term strategy to dominate the culture and exclude conservatives. It has spent decades infiltrating the halls of culture, politics, and academia with little to no opposition from conservatives who, much to their detriment, have failed to realise the importance of these institutions.
To understand the importance of culture it is necessary to understand what culture is. Culture communicates ideas through art, literature, literature, film, and so forth. It is from culture that ideas and beliefs are popularised or dismissed. And it is from culture that our worldview is formed.
The difference between left-wing culture and right-wing culture is that left-wing culture expresses false ideas, whilst the ideas expressed by right-wing culture tend to be truthful.
Just take a look at conservative art compared with left-wing art. Left-wing art champions communism: a political ideology that has killed and enslaved tens-of-millions of people, Conservative art champions Christian values, honour, patriotism, love, and freedom. The Brady Bunch featured a two-parent family (admittedly blended, but that doesn’t really matter) and espoused the virtues of duty, honour, and responsibility whereas a show like Gilmore Girls glorified single motherhood and self-centredness.
If conservatives wish to promote good and truthful ideas, they must be prepared to invest more in the culture. They must be prepared to create businesses, establish grants, and more in order to finance and distribute conservative art. In doing so, they can prevent left-wing censorship and can ensure that good, truthful ideas continue to be promoted.
On May 9th, 2018, the YouTube Channel, Juice Media uploaded a video entitled “Honest Government Ad: Trickle Down Economics.” In the video, the rather obnoxious and condescending female presenter tells the audience that the reason Australia has “one of the fastest growing inequality rates in the world” is trickle-down economics, which she defines as “when we [the government] piss on you and tell you it’s raining.”
According to the video, tax cuts for investors, entrepreneurs, and business are directly correlated with poverty and the lack of wage growth in Australia. The presenter argues that the government cuts taxes on the rich while simultaneously claiming that they don’t have enough money for healthcare (which would be a lot more effective if people took responsibility for their own health), renewable energy (which is really an excuse to take control of the energy market), and the ABC (which doesn’t deserve a cent of anyone’s money).
The primary problem with the video is that the premise of its argument does not actually exist. There is not a single economic theory that can be identified as trickle-down economics (also known as trickle-down theory). No reputable economist has ever used the term, nor have they ever presented an argument that could be said to conform to the idea of what it is supposed to be. As Thomas Sowell (1930 – ) wrote in his book, Basic Economics:
“There have been many economic theories over the centuries accompanies by controversies among different schools and economists, but one of the most politically prominent economic theories today is one that has never existed among economists: the trickle-down theory. People who are politically committed to policies of redistributing income and who tend to emphasise the conflicts between business and labour rather than their mutual interdependence often accuse those opposed to them of believing that benefits must be given wealthy in general, or to business in particular that these benefits will eventually trickle down to the masses of ordinary people. But no recognised economist of any school of thought has ever had any such theory or made any such proposal.”
The key to understanding why political players disparage pro-capitalist and pro-free market economic policies as trickle-down economics is understanding how economics is used to deceive and manipulate. Political players understand that simple and emotionally-charged arguments tend to be more effective because very few people understand actual economics. Anti-capitalists and anti-free marketeers, therefore, use the term trickle-down economics to disparage economic policy that disproportionately benefits the wealthy in the short term, and increases the standards of living for all peoples in the long-term
The economic theory championed by liberals (read: leftists) is demand-side economics. Classical economics rejected demand-side economic theory for two reasons. First, manipulating demands is futile because demand is the result of product, not its cause. Second, it is (supposedly) impossible to over-produce something. The French economist, Jean-Baptiste Say (1767 – 1832) demonstrated the irrelevance of demand-side economics by pointing out that demand is derived from the supply of goods and services to the market. As a consequence of the works of Jean-Baptiste Say, the British economist, David Ricardo (1772 – 1823), and other classical economists, demand-side economic theory lay dormant for more than a century.
One classical economist, however, was prepared to challenge the classical economic view of demand-side economics. The English economist, Thomas Robert Malthus (1766 – 1834) challenged the anti-demand view of classical economics by arguing that the recession Great Britain experienced in the aftermath Napoleonic Wars (1803 – 1815) was caused by a failure of demand. In other words, purchasing power fell below the number of goods and services in the market. Malthus wrote:
“A nation must certainly have the power of purchasing all that it produces, but I can easily conceive it not to have the will… You have never I think taken sufficiently into consideration the wants and tastes of mankind. It is not merely the proportion of commodities to each other but their proportion to the wants and tastes of mankind that determines prices.”
Using this as his basis, Malthus argued that goods and services on the market could outstrip demand if consumers choose not to spend their money. Malthus believed that while production could increase demand, it was powerless to create the will to consume among individuals.
Demand-side economics works on the theory that economic growth can be stimulated by increasing the demand for goods and services. The American economist, J.D. Foster, the Norman B. Ture Fellow in the Economics of Fiscal Policy at the Heritage Foundation, argued that demand-side works on the theory that the economy is underperforming because the total demand is low, and, as a consequence, the supply needed to meet this demand is likewise low.
The American economist, Paul Krugman (1953 – ), and other economists believe that recessions and depressions are the results of a decrease in demand and that the most effective method of revivifying the economy is to stimulate that demand. The way to do this is to engage in large-scale infrastructure projects such as the building of bridges, railways, and highways. These projects create a greater demand for things like steel, asphalt, and so forth. And, furthermore, it provides people with a wage which they can spend on things like food, housing, clothing, entertainment, so on and so forth.
Policies based on demand-side economics aims to change the aggregate demand in the economy. Aggregate demand is consumer spending + investment + net import/export. Demand-side economics policies are either expansive or contractive. Expansive demand-side policies aim at stimulating spending during a recession. By contrast, contractive demand-side policies aim at reducing expenditure during an inflationary economy.
Demand-side policy can be split into fiscal policy and monetary policy. The purpose of fiscal policy in this regard is to increase aggregate demand. Demand-side based fiscal policy can help close the deflationary gap but is often not sustainable over the long-term and can have the effect of increasing the national debt. When such policies aim at cutting spending and increasing taxes, they tend to be politically unpopular. But when such policies that involve lowering taxes and increasing spending, they tend to be politically popular and therefore easy to execute (of course they never bother to explain where they plan to get the money from).
In terms of monetary policy, expansive demand-side economic aims at increasing aggregate demand while contractive monetary policy in demand-side economics aims at decreasing it. Monetary expansive policies are less efficient because it is less predictable and efficient than contractive policies.
Needless to say, demand-side economics has plenty of critics. According to D.W. McKenzie of the Mises Institute, demand-side economics works on the idea that “there are times when total spending in the economy will not be enough to provide employment to all want to and should be working.” McKenzie argued that the “notion that economics as a whole, sometimes lacks sufficient drive derives from a faulty set of economic doctrines that focus on the demand side of the aggregate economy.” Likewise, Thomas Sowell argued in Supply-Side Politics that there is too much emphasis placed on demand-side economics to the detriment of supply-side economics. He wrote in an article for Forbes:
“If Keynesian economics stressed the supposed benefit of having government manipulate aggregate demand, supply-side economics stressed what the marketplace could accomplish, one it was freed from government control and taxes.”
The man who greatly popularised demand-side economics was the British economist, John Maynard Keynes (1883 – 1946). Keynes, along with many other economists, analysed the arguments of the classical economists against the realities of the Great Depression. Their analysis led many economists to question the arguments of the classical economists. They noted that classical economics failed to answer how financial disasters like the Great Depression could happen.
Keynesian economics challenged the views of the classical economists. In his 1936 book, The General Theory of Employment, Interest and Money (one of the foundational texts on the subject of modern macroeconomics) Keynes revivified demand-side economics. According to Keynes, output is determined by the level of aggregate demand. Keynes argued that resources are not scarce in many cases, but that they are underutilised due to a lack of demand. Therefore, an increase in production requires an increase in demand. Keynes’ concluded that when this occurs it is the duty of the government to raise output and total employment by stimulating aggregate demand through fiscal and monetary policy.
The Great Depression is often seen as a failure of capitalism. It popularised Keynesian economics and monetary central planning which, together, “eroded and eventually destroyed the great policy barrier – that is, the old-time religion of balanced budgets – that had kept America relatively peaceful Republic until 1914.”
David Stockman of the Mises Institute argues that the Great Depression was the result of the delayed consequences of the Great War (1914 – 1918) and financial deformations created by modern central banking. However, the view that the Great Depression was a failure of capitalism is not one shared by every economist. The American economist, Milton Friedman (1912 – 2006), for example, argued that the Great Depression was a failure of monetary policy. Friedman pointed out that the total quantity of money in the United States – currency, bank deposits, and so forth – between 1929 and 1933 declined by one-third. He argued that the Federal Reserve had failed to prevent the decline of the quantity of money despite having the power and obligation to do so. According to Friedman, had the Federal Reserve acted to prevent the decline in the quantity of money, the United States (and subsequently, the world) would only have suffered a “garden variety recession” rather than a prolonged economic depression.
It is not possible to determine the exact dimensions of the Great Depression using quantitative data. What is known, however, is that it caused a great deal of misery and despair among the peoples of the world. Failed macroeconomic policies combined with negative shocks caused the economic output of several countries to fall between twenty-five and thirty-percent between 1929 and 1932/33. In America between 1929 and 1933, production in mines, factories, and utilities fell by more than fifty-percent, stock prices collapsed to 1/10th of what they had been prior to the Wall Street crash, real disposable income fell by twenty-eight percent, and unemployment rose from 1.6 to 12.8 million.
According to an article for the Foundation for Economic Education, What Caused the Great Depression, the Great Depression occurred in three phases. First, the rise of “easy money policies” caused an economic boom followed by a subsequent crash. Second, following the crash, President Herbert Hoover (1874 – 1964) attempted to suppress the self-adjusting aspect of the market by engaging in interventionist policies. This caused a prolonged recession and prevented recovery. Hourly rates dropped by fifty-percent, millions lost their jobs (a reality made worse by the absence of unemployment insurance), prices on agricultural products dropped to their lowest point since the Civil War (1861 – 1865), more than thirty-thousand businesses failed, and hundreds of banks failed. Third, in 1933, the lowest point of the Depression, the newly-elected President Franklin Delano Roosevelt (1882 – 1945) combatted the economic crisis by using “new deal” economic policies to expand interventionist measures into almost every facet of the American economy.
Let’s talk about the New Deal a little bit more. The New Deal was the name for the Keynesian-based economic policies that President Roosevelt used to try and end the Great Depression. It included forty-seven Congress-approved programs that abandoned laissez-faire capitalism and enacted the kind of social and economic reforms that Europe had enjoyed for more than a generation. Ultimately, the New Deal aimed to create jobs, provide relief for farmers, boost manufacturing by building partnerships between the private and public sectors, and stabilise the US financial system.
The New Deal was largely inspired by the events of the Great War. During the War, the US Government had managed to increase economic activity by establishing planning boards to set wages and prices. President Roosevelt took this as proof positive that it was government guidance, not private business, that helped grow the economy. However, Roosevelt failed to realise that the increase in economic activity during the Great War came as the result of inflated war demands, not as the achievement of government planning. Roosevelt believed, falsely, that it was better to have government control the economy in times of crisis rather than relying on the market to correct itself.
The New Deal came in three waves. During his first hundred days in office, President Roosevelt approved the Emergency Banking Act, Government Economy Act, the Civilian Conservation Corps, the Federal Emergency Relief Act, Agricultural Adjustment Act, Emergency Farm Mortgage Act, the Tennessee Valley Authority Act, the Security Act, Abrogation of Gold Payment Clause, the Home Owners Refinancing Act, the Glass-Steagall Banking Act, the National Industrial Recovery Act, the Emergency Railroad Transportation Act, and the Civil Works Administration.
In 1934, President Roosevelt bolstered his initial efforts by pushing through the Gold Reserve Act, the National Housing Act, the Securities Exchange Act, and the Federal Communications Act.
In 1935, the Supreme Court rejected the National Industrial Act. President Roosevelt, concerned that other New Deal programs could also be in jeopardy, embarked on a litany of programs that would help the poor, the unemployed, and farmers. Second-wave New Deal programs included Soil Conservation and Domestic Allotment Act, Emergency Relief Appropriation, the Rural Electrification Act, the National Labor Relations Act, the Resettlement Act, and the Social Securities Act.
In 1937, Roosevelt unleashed the third wave of the New Deal by aiming to combat budget deficits. It included the United States Housing Act (Wagner-Steagall), the Bonneville Power Administration, the Farm Tenancy Act, the Farm Security Administration, the Federal National Mortgage, the New Agriculture Adjustment Act, and the Labor Standards Act.
According to the historical consensus, the New Deal proved effective in boosting the American economy. Economic growth increased by 1.8% in 1935, 12.9% in 1936, and 3.3% in 1937. It built schools, roads, hospitals, and more, prevented the collapse of the banking system, reemployed millions, and restored confidence among the American people.
Some even claim that the New Deal didn’t go far enough. Adam Cohen, the author of Nothing to Fear: FDR’s Inner Circle and the Hundred Days that Created Modern America, claims that the longevity of the Depression (the American economy didn’t return to pre-depression prosperity until the 1950s) is evidence that more New Deal spending was needed. Cohen commented that the New Deal had the effect of steadily increasing GDP (gross domestic product) and reducing unemployment. And, which is more, it reimagined the US Federal government as a welfare provider, a stock-market regulator, and a helper of people in financial difficulty.
However, the historical consensus is not to say that the New Deal is without its critics. The New Deal was criticised by many conservative businessmen for being too socialist. Others, such as Huey Long (1893 – 1935), criticised it for failing to do enough for the poor. Henry Morgenthau, Jr. (1891 – 1967), the Secretary of the Treasury, confessed before Democrats in the House Ways and Means Committee on May 9th, 1939 that the New Deal had failed as public policy. According to Morgenthau, it failed to produce an economic recovery and did not erase historic unemployment. Instead, it created a recession – the Roosevelt Recession – in 1937, failed to adequately combat unemployment because it created jobs that were only temporary, became the costliest government program in US history, and wasted money.
Conservatives offer supply-side economics as an alternative to demand-side economics. Supply-side economics aims at increasing aggregate supply. According to supply-side economics, the best way to stimulate economic growth or recovery is to lower taxes and thus increase the supply of goods and services. This increase leads, in turn, to lower prices and higher standards of living.
The lower-taxes policy has proved quite popular with politicians. The American businessman and industrialist, Andrew Mellon (1855 – 1937) argued for lower taxes in the 1920s, President John Fitzgerald Kennedy (1917 – 1963) argued for lower taxes in the 1960s, and both President Ronald Reagan (1911 – 2004) and President George Walker Bush (1946 – ) lowered taxes in the 1980s and 2000s, respectively.
Supply-side economics works on the principle that producers will create new and better products if they are allowed to keep their money. Put simply, supply-side economics (supply merely refers to the production of goods and services) works on the theory that cutting taxes on entrepreneurs, investors, and business-people incentives them to invest more in their endeavours. This money can be invested in capital – industrial machinery, factories, software, office buildings, and so forth.
The idea that lower taxes lead to greater economic prosperity is one of the central tenants of supply-side economics. Supporters of supply-side economics believe that providing financial benefits for investors (cutting capital gains tax, for example) stimulates economic growth. By contrast, high taxes, especially those metered out on businesses, discourage investment and encourages stagnation.
Tax rates and tax revenue are not the same thing, they can move in opposite directions depending on economic factors. The revenue collected from income tax for each year of the Reagan Presidency was higher than the revenues collected during any year of any previous Presidency. It can be argued that people change their economic behaviour according to the way they are taxed. The problem with increasing taxes on the rich is that the rich will use legal, and sometimes illegal, strategies for avoiding paying it. A businessman who is forced to pay forty-percent of his business’ profits on taxation is less likely to increase his productivity. As a consequence, high tax rates on businesses leads to economic stagnation.
Supply-side supporters use Arthur Laffer’s (1940 – ) – an advisor to President Ronald Regan – Laffer Curve to argue that lower taxes lead to higher tax revenue. The Laffer curve showed the dichotomy between tax revenue and the amount of tax that is collected. Laffer’s idea that the more taxation increased, the more tax revenue is collected. However, if taxes are increased beyond a certain point, less revenue is collected because people are no longer willing to make an economic contribution.
Taxation only works when the price of engaging in productive behaviour is likewise reduced. Daniel Mitchell of the Heritage Foundation stated in an article entitled a “Supply-Side” Success Story, that tax cuts are not created equally. Mitchell wrote: “Tax cuts based on the Keynesian notion of putting money in people’s pockets in the form of rebates and credits do not work. Supply-side cuts, by contrast, do improve economic performance because they reduce tax rates on work, saving, and investment.” Mitchell used the differences between the 2001 and 2003 tax cuts as evidence for his argument. Mitchell pointed out that tax collections fell after the 2001 tax cuts whereas they grew by six-percent annually after the 2003 cuts. Mitchell points out that job numbers declined after the 2001 cuts whereas net job creation averaged more than 150,000 after the 2003 cuts. Mitchell points out that economic growth averaged 1.9% after the 2001 tax cuts, compared to 4.4% after the 2003 cuts.
Proposals to cut taxes have always been characterised by its opponents as “tax cuts for the rich.” The left believes that tax cuts, especially cuts on the top rate of tax, does not spur economic growth for lower and middle-class people and only serves to widen income inequality. They argue that tax cuts benefit the wealthy because they invest their newfound money in enterprises that benefit themselves. Bernie Sanders (1941 – ), the Independent Senator from Vermont, has argued that “trickle-down economics” is pushed by lobbyists and corporations to expand the wealth of the rich. Whilst opponents of President Ronal Reagan’s tax cuts likewise referred to the policy as “trickle-down economics.”
In reality, the left-wing slander of tax cuts can best be described as “tax lies for the gullible.” The rich do not become wealthy by spending frivolously or by hiding their money under the mattress. The rich become rich because they are prepared to invest their money in new products and ventures that will generate greater wealth. In reality, it is far more prudent to give an investor, entrepreneur, or business owner a tax cut because they are more likely to use their newfound wealth more prudently.
According to Prateek Agarwal at Intelligent Economist, supply-side economics is useful for lowering the natural rate of unemployment. Thomas Sowell, a supporter of supply-side economics, claims that while tax cuts are applied primarily to the wealthy, it is the working and middle classes who are the first and primary beneficiaries. This occurs because the wealthy, in Sowell’s view, are more likely to invest more money in their businesses which will provide jobs for the working class.
The purpose of economic policy is to facilitate the economic independence of their citizens by encouraging economic prosperity. Demand-side economics and supply-side economics represent two different approaches to achieving this endeavour. Demand-side economics argues that economic prosperity can be achieved by having the government increase demand by taking control of the economy. By contrast, supply-side economics, which is falsely denounced as “trickle-down economics” by the likes of people like Juice Media, champions the idea that the best way to achieve economic prosperity is by withdrawing, as far as humanly possible, government interference from the private sector of the economy. Supply-side economics is the economic philosophy of freedom, demand-side economics is not.
Conservatism is a strong force in American politics and society. It has helped shape and define America’s political and social landscape. This essay explores the concept and parameters of conservatism in America. It will conclude by stating that conservatism has had an impact on American society and politics and has affected the way in which America thinks about itself. The first paragraph will cover the history and philosophy surrounding conservatism. This will include the definition of conservatism, its influences, and beliefs. The second paragraph will explore conservatism in America, including its historical and political implications.
As a political ideology, conservatism has a complicated and ambiguous nature, encompassing a broad range of ideas, beliefs, and concepts. In terms of ideology, conservatives are well known for seeing change with weariness at best and complete disdain at worst. It is well known that many conservatives cling blindly to the past. It should be noted, however, that conservatives do not necessarily oppose all change. Conservatives oppose change which they see as threatening to the moral and social fabric of society. This is because conservatives which to protect society’s institutions, traditions, and moral framework.
According to Andy Stern, the former President of the Service Employees International Union, conservatives come with five characteristics. First, conservatives appreciate the need for fiscal balance. To this end, they are generally concerned about overspending, budget deficits, and so forth. Second, conservatives understand people’s romanticism with the concepts of hard work, personal responsibility, and see the Government as lacking understanding in this matter. Third, conservatives are suspicious of big government which they do not necessarily see as the solution to major problems. Fourth, conservatives are strong supporters of private sector growth which they see it as solving problems better than the Government. Fifth, conservatives are, likewise, strong supporters of small business.
Furthermore, conservatism comes with numerous advantages. Gary Jacobsen, a political scientist at the University of California, came up with several strengths of genuine conservatism. First, conservatives acknowledge materialisms role in encouraging particular forms of behaviour. To this end, conservatives are suspicious of bureaucracy which they see as stifling of this simple fact. Second, conservatives view with disdain the idea that social science theories can be applied to real-world problems. Third, conservatives value personal autonomy and freedom very highly. They realise that it is the individual that helps build and improve a society, not governments. Fourth, conservatives believe in good parenting having realised that good citizenry starts in the home. Fifth, conservatives believe in the superiority of the market system which they feel encourages more efficient use of resources. It would be foolish to place conservatism or conservatives into the category of simplicity. In fact, conservatism is a complicated political ideology with a history and philosophy more complex than may initially meet the eye.
Conservatism in America has had a long and varied history and impact on American society and politics. A series of essays known as the Federalist Papers, written between 1787 and 1788, serves as a strong influence of conservative thought in America. Federalist Ten by James Madison, for instance, was written to create awareness of the issues surrounding factionalism and insurrection in the union. In Madison’s own words: “no man is allowed to judge his own cause, because his interest would certainly bias his judgement and, not improbably, corrupt his integrity.” However, conservatism in America differs greatly from many other parts of the world. Because America is a relatively young country their conservatism is based on people’s personal values rather than on social class.
In fact, American conservatism is based on four distinct pillars. The first pillar is freedom based on the notions of “life, liberty, and the pursuit of happiness”, religious and economic liberty. The second pillar is tradition. As mentioned previously, conservatives are strong supporters oppose change which threatens the established social exoskeleton. The third pillar is the rule of law. The fourth pillar is a strong belief in God.
Politically, conservatism has had a strong influence on American society. Take conservative President Ronald Reagan, for example. In his eight years in office, between 1981 and 1989, Reagan strengthened the American economy by curbing inflation, stimulating economic growth, and increasing employment. He exempted many low-income people from paying income tax through his income tax reform.
Today, the Republican Party consists of a mix of libertarians, neoconservatives, and the Christian Right. As a result, these groups have become a powerful force in American politics. Conservatism in America is more value-based than ideological in nature. It represents who identify strongly with America’s philosophical past and view with suspicion any attempts to alter this system.
As a social and political force, conservatism has had a great impact on American politics and society. The first paragraph explored the history and philosophy surrounding conservatism as an ideology. In this paragraph, it was found that conservatism incorporates a broad range of ideas, beliefs and concepts, and that conservatives value society’s institutions, traditions, and moral framework. The second paragraph explored conservatism in America more specifically. It looked specifically at the history of American conservatism using Federalist Ten by James Madison as an example and discussed how American conservatism differs from conservatism in other parts of the globe. Finally, it focused on Ronald Reagan’s Presidency and the nature of conservative politics today. In conclusion, one would be hard-pressed to argue that conservatism has not had an impact on American. It could be argued that, to an extent, the very way in which Americans view themselves can be attributed, in part at least, to the influence conservatism has had.
- Alan Brinkley, ‘the Problem of American Conservatism”, the American Historical Review 99 no. 2 (April 1994), pp. 409 – 429
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- James Madison, ‘The Federalist Ten: the Utility of the Union as a Safeguard against Domestic Faction and Insurrection (continued)’, Daily Advertiser, 22/11/1787
- John Mickelthwait and Adrian Wooldridge, ‘Introduction’ in, The Right Nation: Conservative Power in Amerce (Penguin, 2004)
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(This is derived from an old essay I wrote for university)
The size of government is an important yet seldom discussed issue. This is a peculiar phenomenon as the size of government is integral to our freedom. When government power is not limited those with power are able to encroach upon the freedoms of the people. However, when the powers of government are limited people are able to live in peace, freedom, and prosperity.
The Age of Enlightenment (c. 1685 – c. 1815) represents a period in history where the principles of the old world were replaced by new ideals. It was during the Enlightenment that the concepts of modern democracy (democracy originated with the Ancient Greeks, albeit in a rather primitive form), liberty, and inalienable rights began to emerge. One of its key concepts, limited government, came about during the High Enlightenment (c. 1730 – 1780). The English philosopher John Locke (1632 – 1704), perhaps the greatest defender of limited government, believed civil power should be derived from individual autonomy and that the separation of powers was necessary to protect people from tyranny.
Limited government works on the idea that governments should have a little interference in people’s lives as possible. Supporters of small government believe that big government destroys human creativity and innovation because. As the Austro-Hungarian philosopher, Friedrich Hayek (1899 – 1992) stated: “the more the state plans, the more difficult planning becomes for the individual”. Numerous supporters of democracy and liberty had held limited government as an important, and necessary, ideal. The American statesmen, founding father, and President, James Madison (1751 – 1836) sought institutions which would limit the scope of government and give more rights to the individual. Similarly, the Australian Prime Minister, Malcolm Fraser (1930 – 2015) argued that “the power of the state should be limited and contained”.
In no other area is this been clearer than the economy. The economist, Adam Smith (1723 – 1790) argued that regulations on commerce are not only ill-founded but also counter-productive as countries depend on capital accumulation . According to James Madison, guarding persons and property would: “encourage industry by securing the enjoyment of its fruits.” Nations with small governments create their own fortune by allowing the people to participate freely in the marketplace.
Small government makes them master of their own destinies rather than making the government master of them. The people should never forget, as Ronal Reagan put it, “we the people are the driver, the government is the car.” Only small government can continue to survive into the future, only small government can protect the rights of the individual, and only small government celebrates human achievement. This is why small government matters.
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There has been an alarming trend in modern culture: numerous political and social activist groups have been attempting to use the pernicious and false doctrines of political correctness, tolerance, and diversity to silence those they disagree with. Many of these groups have sought the passage of so-called “hate speech” laws designed to silence voices of dissent.
At public colleges and universities, places where free speech and open debate should be actively encouraged, measures – including protests, disruption, and, in some cases, outright violence – taken to suppress voices of dissent has become tantamount to Government censorship. This censorship prevents students from inviting the speakers they wish to hear and debate speech they disagree with. Eva Fourakis, the editor-in-chief of The Williams Record (the student newspaper of Williams College) wrote an editorial, later recanted, commenting that “some speech is too harmful to invite to campus.” The editorial went on to say: “students should not face restrictions in terms of the speakers they bring to campus, provided of course that these speakers do not participate in legally recognised forms of hate speech.”
The University of California, Berkeley, is famous for sparking the free speech movement of the 1960s. Today, however, it has become a haven for radical, anti-free speech Neo-Marxists and social justice warriors. Not only have many Republican students had their personal property destroyed, but numerous conservative speakers have had their talks disturbed, and, in some cases, halted altogether. In February, Antifa – so-called anti-fascists – set fires and vandalised building during a speech by the controversial journalist, Milo Yiannopoulos (1984 – ). In April, threats of violence aimed at members of the Young Americas Foundation forced political commentator, Ann Coulter (1961 – ), to cancel her speech. A speech by David Horowitz (1939 – ), founder and president of the David Horowitz Freedom Center, was cancelled after organisers discovered that the event would take place during normal class times (for safety, or so they claimed). Finally, the conservative journalist, Ben Shapiro (1984 – ), was forced to spend US$600,000 on security for his speech at UC Berkeley. These events show that those who wish to use disruption, vilification, threats, and outright violence to silence others can be, and often are, successful in doing so.
Like most the principles of classical liberalism, free speech developed through centuries of political, legal, and philosophical progress. And like many Western ideas, its development can be traced back to the Ancient Greeks. During his trial in Athens in 399BC, Socrates (470BC – 399BC) expressed the belief that the ability to speak was man’s most divine gift. “If you offered to let me off this time on condition I am not any longer to speak my mind”, Socrates stated, “I should say to you, ‘Men of Athens, I shall obey the Gods rather than you.”
Sixteen hundred years later, in 1215, the Magna Carta became the founding document of English liberty. In 1516, Desiderius Erasmus (1466 – 1536) wrote in the Education of a Christian Prince that “in a free state, tongues too should be free.” In 1633, the astronomist Galileo Galilei was put on trial by the Catholic Church for refusing to retract his claim of a heliocentric solar system. In 1644, the poet, John Milton (1608 – 1674), author of Paradise Lost, warned in Areopagictica that “he who destroys a good book kills reason itself.” Following the usurpation of King James II (1633 – 1701) by William III (1650 – 1702) and Mary II (1662 – 1694) in 1688, the English Parliament passed the English Bill of Rights which guaranteed free elections, regular parliaments, and freedom of speech in Parliament.
In 1789, the French Declaration of the Rights of Man and of the Citizen, an important document of the French revolution, provided for freedom of speech (needless to say, Robespierre and company were not very good at actually promoting this ideal). That same year, the philosopher Voltaire (1694 – 1778) famously wrote: “I detest what you write, but I would give my life to make it possible for you to continue to write.” Over in the United States, in 1791, the first amendment of the US Bill of Rights guaranteed freedom of religion, freedom of speech, freedom of the press, and the right to assemble:
ARTICLE [I] (AMENDMENT 1 – FREEDOM OF SPEECH AND RELIGION)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people peaceably to assemble, and to petition the Government for a redress of grievances.”
During the 19th century, the British philosopher, John Stuart Mill (1806 – 1873) argued for toleration and individuality in his 1859 essay, On Liberty. “If any opinion is compelled to silence”, Mill warned, “that opinion may, for aught we can certainly know, be true. To deny this is to presume our own infallibility.” Mill believed that all doctrines, no matter how immoral or offensive, ought to be given public exposure. He stated in On Liberty:
“If the argument of the present chapter are of any validity, there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered.”
Elsewhere in On Liberty, Mill warned that the suppression of one voice was as immoral as the suppression of all voices:
“If all mankind minus one were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind.”
Centuries later, in 1948, the Universal Declaration of Human Rights, accepted unilaterally by the United Nations, urged member states to promote civil, human, economic, social, and political rights – including freedom of expression and religion.
Within the American Justice System, numerous Supreme Court cases have created judicial protections for freedom of speech. In the case of the Nationalist Socialist Party of America v. Village of Stoke (1977), the Supreme Court upheld the right of neo-Nazis to march through a village with a large Jewish population and wear Nazi insignia. The Justices found that the promotion of religious hatred was not a sufficient reason to restrict free speech.
In the city of St. Paul during the early 1990s, a white teenager was arrested under the “Bias-Motivated Crime Ordinance” after he burnt a cross made of a broken chair (cross-burning is commonly used by the Ku Klux Klan to intimidate African Americans) in the front yard of an African American family. The Court ruled that the city’s Ordinance was unconstitutional. Justice Antonin Scalia (1936 – 2016), noted that the purpose of restricting fighting words was to prevent civil unrest, not to ban the content or message of the speaker’s words. Scalia wrote in the case of R.A.V. v. City of St. Paul (1992):
“The ordinance applies only to ‘fighting words’ that insult, or provoke violence, ‘on the basis of race, colour, creed, religion or gender.’ Displays containing abusive invective, no matter how vicious or severe, are permissible unless they are addressed to one of the specified disfavored topics. Those who wish to use ‘fighting words’ in connection with other ideas—to express hostility, for example, on the basis of political affiliation, union membership, or homosexuality—are not covered. The First Amendment does not permit St. Paul to impose special prohibitions on those speakers who express views on disfavored subjects.”
In the Matal v. Tam case (2017), the Supreme Court found that a provision within the Lanham Act prohibiting the registration of trademarks that disparaged persons, institutions, beliefs, or national symbols violated the First Amendment. Justice Samuel Alito (1950 – ) opined:
“[The idea that the government may restrict] speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate’.”
Justice Anthony Kennedy (1936 – ) opined:
“A law found to discriminate based on viewpoint is an “egregious form of content discrimination,” which is “presumptively unconstitutional.” … A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government’s benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society.”
In recent years, numerous calls to ban speech have been justified on the basis that it is “hateful.” Much of this has come from the political left who (in what one may cynically regard as having more to do with silencing voices of dissent than with protecting vulnerable groups) argue that restrictions on hate speech must occur if minorities are to be given equal status with everyone else.
That certain types of speech can be offensive, and that some of that speech may be aimed at certain groups of people, is undeniable. Hate speech has even been criticised for undermining democracy! In an article, Alexander Tsesis, Professor of Law at Loyola University, wrote: “hate speech is a threatening form of communication that is contrary to democratic principles.” Some have even argued that hate speech violates the fourteenth amendment to the US Constitution which guarantees equal protection under the law:
Article XIV (AMENDMENT 14 – RIGHTS GUARANTEED: PRIVILEGES AND IMMUNITIES OF CITIZENSHIP, DUE PROCESS, AND EQUAL PROTECTION)
1: All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws.
That there is a historical basis for restricting hate speech is undeniable. Slavery, Jim Crow, and the Holocaust, among other atrocities, were all proceeded by violent and hateful rhetoric. (Indeed, incitement to genocide is considered a serious war crime and a serious crime against humanity under international law.) Genocide is almost always preceded by hate speech. However, what proponents of hate speech laws fail to realise is that the countries that perpetrated these atrocities did not extend the freedom to speak to the groups that they were targeting. Joseph Goebbels (1897 – 1945), the Nazi minister for public enlightenment and propaganda, for example, had such an iron grip on Germany’s media that any voice contradicting the Nazi’s anti-Semitic propaganda had no opportunity to be heard.
But who, exactly, supports hate speech laws? Analysis of survey data taken from Pew Research Center and YouGov reveals that it is primarily non-white, millennial democrats. In terms of age, the Pew Research Centre found that forty-percent of millennials supported Government censorship of hate speech, compared to twenty-seven percent of gen x-ers, twenty-four percent of baby-boomers, and only twelve percent of the silent generation.
In terms of race, research by YouGov reveals that sixty-two percent of African Americans support Government censorship of hate speech, followed by fifty percent of Hispanics, and thirty-six percent of White Americans.
In terms of political affiliation, research from YouGov taken in 2015 found that fifty-one percent of Democrats supported restrictions on hate speech, compared to thirty-seven percent of Republicans, and only thirty-five percent of independents.
The primary issue with hate speech is that determining what it does and does not constitute is very difficult. (The cynic may argue, fairly, that hate speech begins when the speaker expresses a view or states a fact or expresses an opinion that another person does not want others to hear.) As Christopher Hitchens (1949 – 2011) pointed out, the central problem with hate speech is that someone has to decide what it does and does not constitute.
The second issue with hate speech laws is that they can easily be used by one group to silence another. Often this kind of censorship is aimed at particular groups of individuals purely for ideological and/or political purposes, often with the justification that such actions increase the freedom and equality of the people the advocates claim to represent.
In Canada, Bill C-16 has sought to outlaw “hate propaganda” aimed at members of the community distinguishable by their gender identity or expression. The Bill originated with a policy paper by the Ontario Human Rights Commission which sought to determine what constituted discrimination against gender identity and expression. This included “refusing to refer to a person by their self-identified name and proper personal pronoun.” Supporters of Bill C-16 see it as an important step towards the creation of legal protections for historically marginalised groups. Detractors, however, have expressed concern that the Bill creates a precedence for Government mandated speech.
The Canadian clinical psychologist and cultural critic, Professor Jordan Peterson (1962 – ), first came to public attention when he posted a series of YouTube videos warning of the dangers of political correctness and criticising Bill C-16. In his videos, Professor Peterson warned that the law could be used to police speech and compel individuals to use ‘transgender pronouns’ (these are terms like ‘ze’ and ‘zer’, among others). For his trouble, Peterson has been accused of violence by a fellow panellist on the Agenda with Steve Palkin, received two warning letters from the University of Toronto in 2016, and was denied a social research grant from Canada’s Social Sciences and Humanities Research Council.
Europe has been experiencing similar attempts to silence speech. A law passed in the Bundestag this year will force social media companies operating in Germany to delete racist or slanderous comments and posts within twenty-four hours or face a fine of up to €50 million if they fail to do so. Additionally, numerous public figures have found themselves charged with hate speech crimes for merely pointing out the relationship between the large influx of non-European migrants and high crime rates, particularly in terms of rape and terrorism. One politician in Sweden was prosecuted for daring to post immigrant crime statistics on Facebook.
In Great Britain, British Freedom of Information documents reveal that around twenty-thousand adults and two-thousand children had been investigated by the police for comments that made online. In politics, British MP, Paul Weston (1965 – ), found himself arrested after he quoted a passage on Islam written by Winston Churchill (1874 – 1965). In Scotland, a man was charged under the 2003 Communication’s Act with the improper use of electronic communications after he filmed his dog making a Hitler salute.
In Australia, Herald Sun columnist, Andrew Bolt (1959 – ), was found to have contravened section 18C of the Racial Discrimination Act after he published articles accusing fair-skinned Aborigines of using their racial status for personal advantages. The law firm, Holding Redlich, speaking for a group of Aboriginal persons, demanded that the Herald Sun retract two Andrew Bolt articles, written in April and August of 2009, and restrain Bolt from writing similar articles in the future. Joel Zyngier, who acted for the group pro-bono, told Melbourne’s The Age:
“We see it as clarifying the issue of identity—who gets to say who is and who is not Aboriginal. Essentially, the articles by Bolt have challenged people’s identity. He’s basically arguing that the people he identified are white people pretending they’re black so they can access public benefits.”
Judge Morcedai Bromberg (1959 – ) found that the people targeted by Bolt’s articles were reasonably likely to have been “offended, insulted, humiliated, or intimidated.”
We need speech to be as free as possible because it is that which allows us to exchange and critique information. It through free speech that we are able to keep our politicians and public officials in check, that we are able to critique public policy, and that we are able to disseminate information. As the Canadian cognitive psychologist, Stephen Pinker (1954 – ), observed: “free speech is the only way to acquire knowledge about the world.” Measures taken to restrict free speech, whether it be the criminalization of hate speech or any other, is a complete contradiction of the principles that free Western democracies are founded upon.