Unmasking the Administrative State

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Unmasking the Administrative State Page 40

by John Marini


  37 Ibid., 13–14.

  38 Jesse Macy, one of the first presidents of the American Political Science Association, was typical of the early social scientists concerning the relationship of democracy, Christianity, and science. He noted: “The modern scientific spirit is simply the Christian spirit realized in a limited field of experience.” The conjunction of science and religion, Macy argued, culminated in the view that scientific truth provided the foundation of modern democracy. “Science and democracy have come into the modern world at the same time. They are mutually related as cause and effect.” Jesse Macy, American Political Science Association Presidential Address, 1916; American Political Science Review 11, no. 1 (February 1917).

  39 Thus Herbert Croly, one of the most important Progressive intellectuals of the early twentieth century, insisted that “democracy must stand or fall on a platform of possible human perfectibility.” This notion of perfectibility, derived from Rousseau, is attainable only when it becomes possible to reconcile the particular and the general will. Therefore, Croly, like Comte, measured the progress of man in terms of his willingness to serve his fellow man. “If it be true that democracy is based upon the assumption that every man shall serve his fellow-man, the organization of democracy should be gradually adapted to that assumption.” Nonetheless, Croly was well aware that “the majority of men cannot be made disinterested for life by exhortation, by religious services, by any expenditure of subsidized works, or even by grave and manifest public need. They can be made permanently unselfish only by being helped to become disinterested in their individual purposes.… In the complete democracy a man must in some way be made to serve the nation in the very act of contributing to his own individual fulfillment. Not until his personal action is dictated by disinterested motives can there be any such harmony between private and public interests.” Public duty and private interests can be reconciled in careers on behalf of service to the state and society. Herbert Croly, The Promise of American Life (Cambridge, MA: Harvard University Press, 1965), 418.

  40 August Comte, Catechism of Positivism, trans. R. Congreve (London: Kegan Paul, 1852), 313.

  41 See Gillis Harp, Positivist Republic: Auguste Comte and the Reconstruction of American Liberalism, 1865–1920 (University Park: Pennsylvania State University Press, 1994).

  42 George D. Herron, The Christian Society (Chicago: Fleming H. Revel, 1894), 32.

  43 Not surprisingly, the great religious reawakening of the early twentieth century occurred wholly outside the established churches, many of which had accepted the authority of the positive philosophy. As Eldon Eisenach noted, “members of what later came to be called ‘fundamentalist’ churches were increasingly consigned to the cultural equivalent of resident alien status. But it was modernized evangelical theology and the new social sciences and not secular liberalism that drew up the expulsion orders.” The Lost Promise of Progressivism (Lawrence: University Press of Kansas, 1994), 103.

  44 When looking at the early Progressives, whether liberal and socialist like Henry Demarest Lloyd, Eugene Debs, and Lester Frank Ward, or laissez-faire conservatives such as William Graham Sumner and E. L. Godkin, they were in agreement in their opposition to the doctrine of natural right. Indeed, the status of natural right at this time is revealed in Merriam’s description of Franklin H. Giddings as one of the few who attempted to uphold a theory of natural right. “Disclaiming any connection with the earlier forms of this theory, he understands by natural rights those which are natural in the scientific sense of the term,” Merriam noted. “On this basis Giddings defines natural rights as ‘socially necessary norms of right, enforced by natural selection in the sphere of social relations.’” A History of American Political Theories, 310–11. It is clear that by the time Giddings had written his book Principles of Sociology in 1896, the theoretical and political understanding of natural right had become completely unintelligible and therefore meaningless. Science and natural selection had come to dominate scholarship.

  45 See footnote 23 concerning the first books written in the new discipline of sociology; they were written by Southerners in defense of slavery. After the Civil War, social scientists accepted race as a legitimate category for defending the inequality of blacks, but rejected slavery as an historical anachronism.

  46 Merriam, A History of American Political Theories, 311–12.

  47 Ibid., 312.

  48 Croly, The Promise of American Life, 81.

  49 Merriam, A History of American Political Theories, 297.

  50 Ibid., 298.

  51 Ibid., 298.

  52 Ibid., 311–12.

  53 Ibid., 312.

  54 John William Burgess, Reconstruction and the Constitution, 1866–1876 (New York: C. Scribner’s Sons, 1902), viii–ix, 133.

  55 Cited in Thomas F. Gossett, Race: The History of an Idea in America (New York: Oxford University Press, 1997), 284. Quotes are from James Ford Rhodes, History of the United States from the Compromise of 1850 to the Final Restoration of Home Rule at the South in 1877, 7 vols. (New York: Harper & Brothers, 1893, 1906).

  56 W. A. Dunning, Reconstruction: Political and Economic, 1865–1877 (New York: Harper & Row, 1907), 213.

  57 Hannah Arendt, “Race-Thinking Before Racism” in The Origins of Totalitarianism (San Diego, CA: Harcourt, 1976), 159.

  58 Leo Strauss, Natural Right and History (Chicago, University of Chicago Press, 1953), 7.

  59 Ibid., 33.

  60 Ibid., 7.

  61 Leo Strauss, “Epilogue,” in Essays on the Scientific Study of Politics, ed. Herbert Storing (New York: Holt, Rinehart & Winston, 1962), 309.

  62 Ibid. Strauss noted that “the Aristotelian distinction between theoretical and practical sciences implies that human action has principles of its own which are known independently of theoretical science (physics and metaphysics) and therefore that the practical sciences do not depend on the theoretical sciences or are not derivative from them. The principles of action are the natural ends toward which man is by nature inclined and of which he has by nature some awareness. This awareness is the necessary condition for his seeking and finding appropriate means for his ends, or for his becoming practically wise or prudent. Practical science, in contradistinction to practical wisdom itself, sets forth coherently the principles of action and the general rules of prudence (‘proverbial wisdom’). Practical science raises questions that are within practical or political experience, or at any rate on the basis of such experience reveal themselves to be the most important questions and that are not stated, let alone answered, with sufficient clarity by practical wisdom itself. The sphere governed by prudence is then in principle self-sufficient or closed.”

  63 Ibid., 310.

  64 Leo Strauss, On Tyranny, ed. Victor Gourevitch and Michael S. Roth, cor. and exp. ed. (Chicago: University of Chicago Press, 2013), 194.

  65 Strauss, Natural Right and History, 314.

  66 As Strauss noted, “One can say, and it is not misleading to say, that the Bible and Greek philosophy agree in regard to what we may call, and we do call in fact, morality. They agree, if I may say so, regarding the importance of morality; regarding the content of morality, and regarding its ultimate insufficiency. They differ as regards that x which supplements or completes morality, or, which is only another way of putting it, they disagree as regards the basis of morality.” Quoted in “Progress or Return?” in The Rebirth of Classical Political Rationalism, ed. Thomas L. Pangle (Chicago: University of Chicago Press, 1989), 246.

  67 Ibid., 239.

  68 Strauss, Natural Right and History, 29.

  CHAPTER 14: WISDOM AND MODERATION: LEO STRAUSS’S ON TYRANNY; MODERN THOUGHT AND ITS “UNMANLY CONTEMPT FOR POLITICS”

  1 Presented at the Annual Meeting of the American Political Science Association, Hilton Hotel, Chicago, Illinois, August 29, 2013.

  2 Leo Strauss, On Tyranny, ed. Victor Gourevitch and Michael S. Roth, corrected and expanded edition, including the Strauss-Kojève correspondence (Chicago: Univ
ersity of Chicago Press, 2013), 22–23.

  3 Leo Strauss, Natural Right and History (Chicago: University of Chicago Press, 1953), 161.

  4 Leo Strauss, Thoughts on Machiavelli (Chicago: University of Chicago Press, 1968), 5.

  5 Strauss, On Tyranny, 23.

  6 Strauss, Natural Right and History, 31–32.

  7 Ibid., 33.

  8 Ibid., 32.

  9 Ibid., 123–24.

  10 Ibid., 141.

  11 Strauss, On Tyranny, 194–95.

  12 Ibid., 38.

  13 Ibid., 27.

  14 Strauss, Natural Right and History, 320.

  15 Ibid., 320–21.

  16 Leo Strauss, Liberalism Ancient and Modern (New York: Basic Books, 1968), 24.

  17 Strauss, Natural Right and History, 318.

  18 Ibid.

  19 Strauss, On Tyranny, 207.

  20 Ibid., 209.

  21 Ibid., 210.

  22 Ibid., 238.

  23 Ibid., 211.

  24 Ibid., 211–12.

  25 Ibid., 212.

  26 Kojève, to Strauss, September 19, 1950, 255.

  27 Ibid., 209.

  28 Strauss, Natural Right and History, 318.

  CHAPTER 15: TRUMP AND THE FUTURE OF AMERICAN POLITICS

  1 Ludwig von Mises, Bureaucracy (Indianapolis: Liberty Fund, 2007; originally published 1944), 101.

  2 Walter Lippmann, The Good Society (New York: Little, Brown, 1937), ix.

  3 Ibid., x.

  4 Ibid., 380.

  5 Ibid., x–xi.

  6 Ibid., 374.

  Index

  The index that appeared in the print version of this title was intentionally removed from the eBook. Please use the search function on your eReading device to search for terms of interest. For your reference, the terms that appear in the print index are listed below.

  9/11. See September 11 attacks

  93rd United States Congress

  101st United States Congress

  1912 United States presidential election

  1932 United States presidential election

  1968 United States presidential election

  1971 State of the Union Address

  1972 United States presidential election

  1974 Congressional Budget and Impoundment Control Act

  1980 United States presidential election

  1984 United States presidential election

  1994 United States midterm elections

  2008 United States presidential election

  2010 United States midterm elections

  2012 senatorial elections

  Academia. See also intellectuals

  Adams, Henry

  Adams, John Quincy, Aldrich, John H.

  Alien and Sedition Act

  anti-Catholicism

  appointive office

  Arendt, Hannah

  Aristocracy

  Aristotle

  Articles of Confederation

  Ash, Roy

  Bacon, Francis

  Baker, Howard

  banking regulation

  battleground states

  Beard, Charles

  Beltway insiderism

  Benghazi (2012 attack on US mission in Libya)

  Bernstein, Carl

  Bessette, Murray

  “big government”

  Bluntschli, Johann Kaspar

  Boehner, John

  borders, national

  Bork, Robert

  Britain. See United Kingdom

  Brookings Institute

  bureaucracy

  failures of

  imperfect neutrality of

  and the institutionalization of reason

  partisanship in

  political correctness and

  rule of

  as an unelected political faction

  unmanliness of

  Burke, Edmund

  Burnham, James

  Burnham, Walter Dean

  Bush, George W.

  CPSC (Burnham Safety Commission)

  Calhoun, John C.

  Cato Institute

  cabinet departments

  Agriculture in

  Commerce in. See also Federal Trade Commission

  Education in

  HEW (Health, Education, and Welfare) in

  HUD (Housing and Urban Development) in

  Nixon’s “reorganization message” in

  secretarial appointments in

  Ceaser, James

  centralization

  age of centralism in

  authority in

  de Tocqueville and

  inevitability in democracy

  theory of

  uniformity in

  Christianity

  church as foundation for self-government

  citizenship

  asylum and

  ethnicity and

  means and

  moral capacity and

  naturalization in

  prudence in

  religion and

  civil rights

  Civil Rights Act of 1964

  civil society

  Civil War

  Claremont Institute

  Clinton, William Jefferson (Bill)

  Cold War

  collective (versus individual) will, Commager, Henry Steele

  common good

  Communism

  Comte, August

  confederacy

  Congress

  administrative oversight of

  authority of

  autonomy of

  advisory boards in

  appropriations committee in

  bill markups in

  confirmation process in

  deliberative function of

  as institution

  legislative function of

  obstruction in

  powers of

  representative function of. See also legislative supremacy

  Conservatism

  Constitution of the United States

  as antecedent

  Convention of

  First Amendment framers of. See Founding Fathers

  constitutional authority

  constitutional crises

  constitutionalism

  constitutional republics

  court majority

  court sanctions

  critical theory

  Croly, Herbert

  Cropsey, Joseph

  DHS (Department of Homeland Security)

  Darwin, Charles

  Davidson, Roger

  de Beaumont, Gustave, Comte

  de Montesquieu, Charles-Louis de Secondat, Baron

  de Tocqueville, Alexis, Viscount

  Debs, Eugene

  Declaration of Independence

  deep throat. See Felt, Mark

  Deering, Christopher J.

  Democratic Party

  Dewey, John

  despotism

  Diamond, Martin

  Dodd-Frank Wall Street Reform and Consumer Protection Act

  Dove, Robert

  Drescher, Seymour

  Dworkin, Ronald

  EPA (Environmental Protection Agency)

  economic conservatism

  economists

  Ehrlichman, John

  Eidelberg, Paul

  Eisenhower, Dwight D.

  electorates

  England. See United Kingdom

  Enlightenment

  Ervin Jr., Sam J.

  evolution, theory of. See also Darwin, Charles

  executive branch

  powers in

  privilege in

  existentialism

  FBI (Federal Bureau of Investigation)

  FTC (Federal Trade Commission)

  Federal Trade Commissions Act of 1913 in

  Federal Trade Commission v. Ruberoid Co. (1952) in

  fascism

  federal budget

  federalism

  Federalist Paper No. 10

  Federalist Paper No. 37

  Federal
ist Paper No. 49

  Federalist Paper No. 51

  Federalist Paper No. 55

  Federalist Paper No. 57

  Federalist Paper No. 63

  Federalist Paper No. 70

  Federalist Paper No. 71

  Federalist Paper No. 72

  Felt, Mark

  Fenno Jr., Richard F.

  Fiorina, Morris

  First Inaugural of Ronald Reagan (January 20, 1981). See also Reagan, Ronald

  Fitzhugh, Thomas George

  Follett, Mary Parker

  Ford, Gerald

  foreign policy

  Founding Fathers. See also specific framers

  French revolution

  free will

  Frost, Bryan

  GOP (Grand Old Party)

  “German school”

  Gilmour, Robert

  Gingrich, Newt

  Goldwater, Barry

  Great Britain. See United Kingdom

  Great Depression

  Great Society

  Guizot, François

  Gunnell, John G.

  Hamilton, Alexander

  Hastert, Dennis

  Hegel, Georg Wilhelm Friedrich

  Heidegger, Martin

  Higham, John

  historical relativism

  Historicism

  Hitler, Adolf

  Holifield, Chet

  homogeneity in the state

  House Appropriations Committee

  Hughes, Henry

  human freedom

  Humphrey, Hubert

  Huntington, Samuel

  identity politics

  immigration

  Immigration Act of 1790

  impeachment

  imperial presidencies

  incumbency

  independent regulatory commissions

  individual rights

  industrial economies

  industrial revolution

  inequality as a result of freedom

  intellectuals

  international trade

  Iraq War

  Jaffa, Harry V.

  Jesus of Nazareth

  Johnson, Lyndon Baines

  judicial authority

  justice

  Kant, Immanuel

  Kesler, Charles

  Kendall, Willmore

  Kierkegaard, Søren Aabye

  Kissinger, Henry

  Kojève, Alexandre

  Koritansky, John

  Ku Klux Klan

  law

  as authority

  legislative majority and

  as reason unaffected by desire

  statutory

  “unfinished”

  legislative supremacy

  legitimacy by election

  Liberalism

  liberty

  as a local phenomenon

  as a natural phenomenon

 

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