Constitutional Government and Character Education
A More American Conservatism
Larry P. Arnn
President, Hillsdale College
Larry P. Arnn is the twelfth president of Hillsdale College. He received his B.A. from Arkansas State University and his M.A. and Ph.D. in government from the Claremont Graduate School. From 1977 to 1980, he also studied at the London School of Economics and at Worcester College, Oxford University, where he served as director of research for Martin Gilbert, the official biographer of Winston Churchill. From 1985 until his appointment as president of Hillsdale College in 2000, he was president of the Claremont Institute for the Study of Statesmanship and Political Philosophy. He is the author of Liberty and Learning: The Evolution of American Education; The Founders’ Key: The Divine and Natural Connection Between the Declaration and the Constitution; and Churchill’s Trial: Winston Churchill and the Salvation of Free Government.
Things in the past are like things in the present: they must be judged. ~Dr. Larry Arnn
The astonishing political campaign of 2016 involved much debate about whether Donald Trump is a conservative. He was not always facile with the lingo of conservatism, and he pointed out once that he was seeking the nomination of the Republican, not the conservative party. Yet there is a lot we can learn from him about conservatism.
What is conservatism? It is a derivative term: it refers to something outside itself. We cannot conserve the present or the future, and the past being full of contradiction, we cannot conserve it entire. In the past one finds heroism and villainy; justice and injustice; freedom and slavery. Things in the past are like things in the present: they must be judged. Conservative people know this if they have any sense.
It’s the Principle of the Thing
What then makes them conservative? It is the additional knowledge that things that have had a good reputation for a long time are more trustworthy than new things. This is especially true of original things. The very term principle refers to something that comes first; to change the principle of a thing is to change it into something else. Without the principle, the thing is lost.
If American conservatism means anything, then, it means the things found at the beginning of America, when it became a nation. The classics teach us that forming political bonds is natural to people, written in their nature, stemming from the divine gift they have of speech and reason. This means in turn that the Declaration of Independence, where the final causes of our nation are stated, and the Constitution of the United States, where the form of government is established, are the original things. These documents were written by people who were friends and who understood the documents to pursue the same ends. Taken together they are the longest surviving things of their kind, and under their domain our country spread across a continent and became the strongest nation on earth, the bastion of freedom. These documents do not appeal to all conservatives, but I argue that they should, both for their age and for their worthiness.
It follows then that if Donald Trump helps to conserve these things, he is a conservative in the sense that matters most to the republic of the Americans. Will he?
He will have a hard road. Today the authority of these two documents is in obvious decline for obvious reasons. In the academy they are rejected as obsolete or evil, and this opinion spreads throughout the talking classes, most everywhere in education, journalism, and entertainment. It has spread widely and deeply into the law. As a result our government has swollen beyond recognition, and it is centralized to a degree unimagined in the Constitution.
Laws Are Now Made by Regulatory Agencies, Not Congress
I’ve proposed a moratorium on new fedral regulations that are not compelled by Congress or public safety, and I will eliminate all needless and job-killing regulations now on the books. ~Donald Trump, Time, 9/15/16
On the first day of my term of office, my Administration will immediately pursue … a requirement that for every new federal regulation, two existing regulations must be eliminated.” ~Donald Trump’s Contract for the American Voter, ” 10/22/16
Laws are made now chiefly by regulatory agencies that combine in themselves all three powers of government. The popular or elected branches may overturn these regulations only when they unite to do so, and this is increasingly rare. So every institution in society is in principle subject to comprehensive regulation. Every employer, every school, many clubs, and family life itself are now the subject of rules too complex for the lay person to grasp. These rules are not always enforced, nor can they be, but Americans sense that they better be looking over their shoulders, careful of what they say.
Constitution makes Ruler and Ruled Equal
This has changed the way we live. Compliance increasingly replaces law-abidingness as the public goal. Laws, the Founders held, must be simple, few, and constant. Then we may all know what they are, live under them, and help to enforce them. This makes us equal, ruler and ruled. It means that we do not quail before the forces of the law. We are the forces of the law.
Compliance Means Conforming to Arbitrary Decrees
Compliance, by contrast, means adapting constantly to changing and complex instructions from central authorities, and it means the employment of specialists to interpret the regulations and make sure others conform. In addition to this, whole populations, and not only in the inner city, live in long-term dependence on the government (read Hillbilly Elegy by J.D. Vance). It means that the government is separate from the people, and it means that the government grows.
These new features of American government present a danger implicit in the manner of our Constitution. Ours, wrote Madison, is the first nation to adopt purely representative forms. This means that all sovereignty or authority to rule is located in the governed or in the people. But at the same time, the people do not occupy the offices of government—as they did, for instance, in Athenian democracy. America’s pure or simple “republicanism,” as Madison called it, makes possible the separation of powers both between the governed and their government and also inside the parts of the government. The sovereign people delegate their authority to government, separately to separate places.
This separation is both horizontal, among the branches of the federal government, and vertical, between the states and the federal government. The people themselves are outside the government, and they may intervene only at election time. Between elections, they watch, judge, and argue—in other words, they think before they act. Over time, but only over time, they may replace the whole lot. This system limits both their power and the power of those in government.
Bloated Government Has a Will of Its Own
Today, however, the government has grown so large that it is a major factor in everything, including elections, and is in the position of taking on a will of its own. It is on the verge of being too big for private people to manage. This is the political crisis of our time. No policy question, with the exception of imminent major war, which we do not have right now, can matter so much.
Trump has addressed this problem more directly than anyone since Ronald Reagan—in some ways, more than anyone including Reagan. He would drain the swamp. He would abolish the Environmental Protection Agency and the Department of Education. He has rallied the people in direct opposition to their governing elite. He has appealed to the people directly in opposition to their government.
And what has he achieved?—from nothing, a constitutional majority that controls all the popular branches at the federal level, soon to have a profound effect on the judiciary. In addition, his party advanced from a strong position in state legislatures and governorships. The party of Trump, if the Republican Party is that party, is in a position to make changes, as good or better a position as it has enjoyed since the Great Society.
Political Correctness got trumped by Moral Courage
Moreover, Trump ran in utter defiance of the political correctness that enforces this new system of government. He did not bend his knee to identity groups. He claimed to represent all “citizens,” a favorite term, by which he means citizens who hold that status under the law. He said he would represent their interest and their country, which he will make great again, and not the interest of any others. He did not care that this intention was conflated with racism. He saw that conflation as another sign of corruption, which it certainly is. Unless he is insensate, which he does not seem, Trump is possessed of moral courage as much as assertiveness, and his assertiveness is a sight to behold.
Mobs Created by Liberalism, Not Trump
But can he do anything? Many conservatives have been doubtful of Trump and many others opposed. There are reasons for this. He is the first man elected president as his first significant public service. He is sometimes vulgar. He is a celebrity, star of his own show, which is playing wherever he goes. His is not the understated sort of elitism. Consistent with this, he is a populist: he likes ordinary folk, and they like him.
This has made some conservative and libertarian people fear mobs with pitchforks. I fear them myself because I see them on so many college campuses, but not on my own, and not among the Trump supporters. I think these mobs are the product of modern liberalism and the bureaucratic state, not the product of Trump.
Part II: What would Happen if the Department of Education were Abolished?