Unfortunately, Independence Day has become a day for many to celebrate the
United States government. The actual historical event behind the day, however —
the adoption of the Declaration of Independence — was an illegal act of
political defiance that led to secession and the overthrow of an entire system
of mercantilist government in North America.
Moreover, it is quite anachronistic to connect the modern unified
nation-state known as “the United States” to this event, nor does it make sense
to invoke anything having to do with the Constitution of 1787.
Indeed, as Jeffrey Rogers Hummel has pointed out, the Constitution we now labor under
represents a counter-revolution against the Spirit of 1776. The Spirit of 1787,
in contrast, was about taking what the Declaration of Independence repeatedly
refers to in the plural as “free and independent states” and hammering them
into one unified state.
Fortunately, the Federalists — the now benighted and so-called “founding
fathers” — partially failed and were beaten back by the anti-Federalists who
demanded a Bill of Rights — the only laissez-faire portion of the
Constitution — which temporarily crippled the centralizing efforts of the
Federalists.
But just as the Constitution itself is contrary to what is celebrated on
Independence Day, we can also look to several Acts of Congress since 1787 that
have perhaps done some of the most damage in undoing what the revolutionaries
had intended.
The Judiciary Act of 1789
Unknown to many, the entire federal court system outside the Supreme Court
stems from this one law adopted during the first session of Congress. At the
time, there was fierce opposition from many in the United States who recognized
that a federal system of courts would allow for the extension of federal law
into the allegedly independent states themselves. The act created the office of
the Attorney General and the appellate system of courts which today allows the
Supreme Court to exercise appellate jurisdiction over pretty much every aspect
of life inside the United States. Without these courts, the Supreme Court would
be limited to its few areas of original jurisdiction. Thus, without the federal
court system, there would be no courts through which to regulate things such as
drug prohibition, marriage, abortion, wages, and the whole panoply of the
modern federal regulatory state.
The Louisiana Purchase Treaty
Thomas Jefferson announced the signing of the Louisiana Purchase Treaty on
July 4, 1803. Jefferson considered the Purchase to be a great victory for his
un-ironically named “Empire of Liberty” scheme in which the United States would spread
“liberty” by force across North America.
The Louisiana Purchase would have far reaching effects on the entire nature
of the American confederation and on constitutional law. Direct Congressional
control over lands in the west had always been a dream of nationalists and
centralizers, and the Louisiana Purchase gave the US government access to vast
new resources beyond the control of any state. Defense of these federal lands
necessitated an expansion of a federal military force, and required a much
larger apparatus of federal law to administer the lands.
Moreover, these new federal lands created the impression for many that the
states were created out of federal lands, instead of federal powers being
granted to the central government by states. The later claim by
anti-secessionists that the federal government created the states, and not vice
versa, owes much to the Louisiana Purchase, and to this day, the federal
government directly controls and owns over 50 percent of the land in most
Western states.
The Militia Act of 1903
Prior to the adoption of the Militia Act, the law was ambiguous about how
the federal government could seize control of state militias for use in the
federal government’s wars. Some states resisted use of their troops in the
invasion of Canada during the War of 1812, for example, and federal politicians
faced the onerous task of convincing state governments to offer up state
militias for national military service.
Political realities meant that state governments were often more than happy
to oblige of course, but there nevertheless remained the risk that the states
could offer real and meaningful resistance to unpopular wars by withholding
military support. Naturally, this was very inconvenient for the federal
government, so in the name of repelling foreign bogeymen and enhancing
“efficiency,” the armed forces of the United States were unified, allowing
presidents to seize control of state militias whenever they liked. Today, the
militias have been replaced by the adjuncts of the federal military known as
the “National Guard.”
The Revenue Act of 1913
In 1913, the US Constitution was amended to allow Congress to levy personal
income taxes. The amendment does not mandate an income tax, however, so later
that year, Congress passed enabling legislation creating the income tax we know
today. Since then, federal budgets have ballooned, tax burdens have swelled,
and it is now simply accepted that the federal government should be able to
examine every aspect of your financial life to make sure you’re paying “what
you owe.” Financial privacy is now only a distant memory.
The Federal Reserve Act of 1913
While the United States had had central banks before, the Federal Reserve,
created in 1913, is by far the most enduring and most powerful. Over the years,
the Fed has become a behemoth that does everything from regulating the
financial system to monetizing the debt to creating never-ending liquidity for
its friends on Wall Street who — thanks to the Fed — never have to face the
consequences of their bad investment decisions. In other words, the Fed is a
mercantilist’s and crony capitalist’s dream institution, allowing the wealthy
and powerful to constantly and silently extract wealth from the powerless many
who hold US dollars and are subject to the whims of the too-big-to-fail
financial system.
What Are We Celebrating?
In 1776, few imagined or looked to a future of central banks, massive
national standing armies, or a federal legal system that regulated the daily
lives of Americans down to the most minute details. In fact, had the typical
Revolutionary War soldier been told that such a future awaited his country, he
would have likely gone home immediately, as such a future would likely appear
even worse to him than staying subject to the British Crown’s benign neglect.
Yet, in spite of all of this, nothing can change the fact that America’s
national holiday is founded on an act of treason and secession, and that the
Declaration of Independence was born out of a generation of smugglers and
“criminals” who refused to take orders from a far-more-powerful and well-armed
government. It’s a reality that may yet prove inconvenient for our government
and many others in the future.
Mises Daily Articles
Note: The views expressed
on Mises.org are not necessarily those of the Mises Institute.
Comments
Interesting
content. So, the author of this article is saying that our federal government
started off not following the Constitution, otherwise the 5 laws above would
have required ratified Amendments.
Norb
Leahy, Dunwoody GA Tea Party Leader
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