Economics is interested in despotism and tyranny if only because the profile of government interventions depends, at least partly, on the nature of the political regime. Moreover, the recent school of constitutional political economy analyzes alternative constitutional arrangements. Economists have analytical tools to study the consequences of government intervention or non-intervention. It is thus not surprising that a recent issue of The Economist tried to explain “Why America Is Vulnerable to a Despot” (May 16, 2024).
It is true, on the one hand, that the decentralization of American government would make it difficult for a despot to take over the system in violation of the Constitution. For the same reason, manipulation of national election results is very difficult if at all possible. State and local governments (not to speak of the populace) are armed, although not as heavily as the federal government. Most police officers are employed by local and state governments. The federal government itself is a diverse assemblage of power centers that may not all yield to a despot’s will. As The Economist notes, “getting any organization that employs 25,000 lawyers to do one person’s bidding is hard.” Add to this that the 4,540 economists working at different levels of government may not all be willing to ignore their methodology or falsify their numbers, just as Mussolini’s government did not find economists easily compliant.
A federal despot’s attempt at controlling America could also produce a civil war, which, at least in the long run, might not be worse than the French tyranny and sequels that followed the 1789 Revolution.
On the other hand, the magazine The Economist reviews how an elected despot could overcome the checks and balances of the American system. It often appears as if the American presidency has accumulated almost czarist powers. The president is arguably more powerful than his counterparts in many European countries. Appearances to the contrary, he is more powerful than prime ministers in British parliamentary systems. His powers in case of an emergency declared by himself are practically unlimited. The 1807 Insurrection Act allows him (the included “her” would not necessarily be better) to deploy the army or navy in the country if federal law is ignored. The Economist notes:
The Brennan Center, a think-tank at New York University, has identified 135 statutory powers that accrue to the president when he declares a national emergency. These include things like the power to freeze Americans’ bank accounts or, under a law giving the president emergency powers over communications that was passed in 1942, to shutdown the internet (which thankfully would be pretty hard in practice). In theory Congress is meant to review and potentially revoke the president’s declarations after six or 12 months. In practice it is casual about curtailing them. Over 40 emergencies are currently in force. Some of them are more than a decade old.
Abraham Lincoln suspended habeas corpus. Franklin D. Roosevelt interned American citizens of Japanese origin by executive order. The temptation has not disappeared. President Joe Biden was able to sidestep a Supreme Court decision on student loans by invoking an emergency. The Defense Product Act is regularly invoked by US presidents, including by Donald Trump during the Covid epidemic. By declaring an emergency, real, apprehended, or fabricated (pushing the red nuclear button would be the ultimate justification), the would-be despot could become a real despot. A large majority of Americans might support him until it is too late, especially if the Supreme Court grants the president immunity from prosecution. Despotism is difficult to imagine without tyranny.
The free press would be a big obstacle. Yet, part of the media might side with the despot. The rest would be accused of being “enemies of the people” and their “fake news” would be met with veiled threats or regulatory restraints. Which business can now survive without appeasing Leviathan? Courts would be attacked as opposing the “will of the people.”
Perhaps all that is too pessimistic. America is quite probably the country that harbors the largest proportion of people with an instinct for individual liberty and some understanding of the two words of the expression. Individual liberty represents a threat to despotism whether right or left. Yet, a would-be despot is unlikely to identify with tyranny, injustice, and servitude; he would claim to defend democracy, justice, freedom, and sovereignty. He would hide behind a majority. The tyranny of the majority is, at best, a multi-person despot.
Classical liberals and libertarians have been crying wolf for more than a century, but the disguised wolf has kept growing. The danger does not threaten only America.
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The danger of despotism. By DALL-E under the influence of your humble blogger.
READER COMMENTS
Jon Murphy
Jun 16 2024 at 1:49pm
Good stuff, Pierre.
On the one hand, I am worried about despotism in America. A significant number of people seem to think despotism is ok if done for the right reasons. Further, traditional liberal values of justice, liberality, sympathy, cosmopolitianism, individualism, etc., are falling by the wayside, replaced by vices such as injustice, greed, self-centeredness, nationalism/ethocism, etc.
But on the other hand, I am encouraged by American ability to resist such forces in the past. Yes, Woodrow Wilson and FDR committed horiffic crimes as presidents, but we still overcame them (and much of their behavior is now illegal). Even during COVID there was significant pushback, and the legal system has remained robust.
Are the chances higher than 10 years or so ago? Yes. But I still put the chances fairly low.
Laurentian
Jun 16 2024 at 2:41pm
How can there be traditional liberal values if all traditions, customs and social norms ought to be questioned?
Also you ignored the two biggest traditional liberal values: suppressing Catholics and suppressing “reactionary” regional cultures and languages (e.g. the French liberals’ attitudes toward Bretons).
Pierre Lemieux
Jun 16 2024 at 3:09pm
Laurentian: I suspect that Jon meant the values in the classical-liberal intellectual tradition. What do you mean by “liberal”? But perhaps there is something in your criticism. Can you cite sources, even outside Scottish liberalism, on liberal thinkers who believed that “all traditions, customs and social norms ought to be questioned”? How would you square your opinion on this with Hayek’s famous article “Individualism: True and False”? What contemporary liberals do you consider to be constructivist?
Jon Murphy
Jun 16 2024 at 3:22pm
Yes, in particular the ones discussed explicitly or implicitly by Adam Smith in Theory of Moral Sentiments.
Pierre Lemieux
Jun 16 2024 at 4:40pm
Laurentian: After thinking about it more, I may have found the source of your confusion. We need to distinguish between asking any question, which is the bread and butter of the scholar, scientist, or intellectual (as Frank Knight said), and the government questioning “all traditions, customs and social norms” and imposing the answer by force on everybody.
Laurentian
Jun 16 2024 at 3:14pm
As for cosmopolitanism wasn’t it the liberals who disliked Catholics for not being nationalists and for holding religious services in Latin?
And wasn’t it the liberals who wanted the legal system to be in the local dialect? It was the English liberals that wanted everyone to speak English and they wanted to eliminate French and Latin from religion and law. Also it was the classical liberals who wanted to stamp out regionalism for being too reactionary. Stamping out Catholicism and regional dialects were two of the major reasons the classical liberals supported public schools.
Pierre Lemieux
Jun 16 2024 at 4:54pm
Laurentian: You did not answer my questions, which would have allowed me to know what you mean. With due respect, you look rather tabula rasa. Have a look at my post “Is it OK to Use the R Word?” and please read Cowen’s NYT piece as well as Levy and Peart’s article–referenced in my post. It’s short. The worst that can happen is that you do not discover something you don’t know and you are therefore not tempted to pursue the inquiry.
Richard W Fulmer
Jun 17 2024 at 10:05am
I define a “classical liberal” as someone who believes in self-ownership, individual freedom and responsibility, free markets, freedom to contract, limited government, the separation of powers, the rule of law, and constitutional democracy.
Your goal seems to be to discredit classical liberalism by claiming that unnamed liberals in the past made errors. Did all the unnamed people you criticize share the beliefs that I listed? Probably not. Did some who shared those beliefs make mistakes? Certainly, if they were human. But that is a charge that can be made against the holders of any set of beliefs and is not proof of anything other than that people make mistakes.
Rather than claiming that Jones was a classical liberal and then proving that Jones was fallible, a more persuasive approach would be a frontal assault on the belief system itself. With which of the beliefs I listed do you disagree and why? To what evils or dead ends have these beliefs — taken as a whole — led? Do the principles of classical liberalism logically lead to these outcomes, and how?
steve
Jun 16 2024 at 4:26pm
I think half of the country would be willing to elect someone who would even openly declare they want to be a despot if they could just convince them that he would be “their despot”. I think this is especially true if religion is involved in some way. We have given the office of the president way, way too much power so they could be a mini-despot and stay mostly within legal bounds. However, to take the steps to being a full despot its going to invoke a constitutional crisis I think. At some point one branch of the govt, or some state(s) break the law.
Once the law is broken what do our police, National Guard and military do? Up until recently the military had a very strong institutional culture against partisan politics and being involved in civilian affairs (other than getting funding for whatever they want) but I think those barriers have weakened. Still, I dont really see the military taking sides unless one is clearly wrong. I am a lot less certain about the police and National Guard.
Steve
David Seltzer
Jun 16 2024 at 4:45pm
Pierre: Good stuff. The Biden administration has been struck down in various courts, regarding his use of executive authority, several times. I agree with Jon’s chances of despotism as fairly low…for now! Just being free to discuss this here and other forums is something of a bulwark. You referenced the tyranny that followed the French Revolution. By contrast, French resistance fighters fought the Nazi’s and the collaborationist Vichy régime. I’ve seen Casablanca several times. I still get choked up when people spontaneously stand and sing ” La Marseillaise” in dangerous defiance of uniformed Nazi soldiers.
Roger McKinney
Jun 16 2024 at 8:01pm
FDR would have become a dictator had he not died. The way people submitted to him is scary and disgusting. We condemn German soldiers for following orders, but only one officer in the US military disobeyed FDRs orders to put Japanese citizens in concentration camps, the commander in Hawaii.
The way people caved to the government during the pandemic shows that we’re just one crisis away from a dictatorship.
Mactoul
Jun 16 2024 at 9:10pm
Curiously no mention of an actual episode of American despotism and wholesale violation of individual liberty which was covid lockdowns. Cheered on by the generality of libertarians/ classical liberals and protested only by conservatives.
Jon Murphy
Jun 16 2024 at 10:21pm
You got it flip-flopped. It was cheered by conservatives (in particular, Donald Trump) and vehemently opposed by libertarians/classical liberals.
TMC
Jun 17 2024 at 4:37pm
Trump is no conservative; closer to a libertarian than anything. On the conservative side you have the governors, led by DeSantis, who had the best policies.
“Are the chances higher than 10 years or so ago? ” you asked above about despotism. Recent despotism started in the Obama administration, weaponizing the IRS and DOJ against the Tea Party. While significantly worse than Watergate, no one blinked much of an eye.
Jon Murphy
Jun 17 2024 at 10:56pm
I certainly agree Trump is no conservative. He and his supporters are quite radical. But seeing as he and his supporters claim he is a conservative, I figured it was worthwhile to use that term here.
TMC
Jun 18 2024 at 10:19am
“He and his supporters are quite radical. ”
Eh, roughly the same as Bill Clinton’s administration, with better policies.
Jon Murphy
Jun 18 2024 at 11:33am
There are some superficial similarities with Bill’s policies (NAFTA being an obvious exception), but rather i refer to their radical interpretations of law. For example:
Immigration constitutes an invasion
The president is immune to prosecution unless impeached and removed from office
The president has vast powers over declassifying material and the personal lives of people
They are also quite radical on trade practices, seeking to upend basically the last 80 years of US policy.
They actively undermine many of the foundational traits of American exceptionalism. They are quite radical, and not conservative. But, again, they wish to claim that title, which is why I used it here.
TMC
Jun 20 2024 at 1:59pm
“Immigration constitutes an invasion” Significant illegal immigration could be called an invasion. Trump did offer to double the request number of DACA kids, but was rebuffed by Schumer.
“The president is immune to prosecution unless impeached and removed from office” Clinton tries the same, but like Trump, didn’t win the argument,
“The president has vast powers over declassifying material” As the classification system is derived from 1951 with President Harry Truman’s Executive Order 10290, Trump is correct. The President has this power. While this may not be the best system, it is the current one.
“They are also quite radical on trade practices, seeking to upend basically the last 80 years of US policy.” NAFTA was radical for the time. Trump had increased tariffs, but to nowhere close to historical norms.
“They actively undermine many of the foundational traits of American exceptionalism.” They try to retain American exceptionalism against the left’s anti-meritocratic antics.
“They are quite radical, and not conservative.” No, while not conservative, they are quite mundane, thus the comparison to mainline center left policies of just 25 years ago.
Pierre Lemieux
Jun 20 2024 at 7:19pm
TMC: I believe Mr. Trump’s followers greatly exaggerate the value of his policies. On virtually any set of data, they have increased the power of the state. See notably my Regulation articles, “The Trump Economy: Three Years of Volatile Continuity,” and “Was Trump a Deregulator?” Another way to say this is that, in many ways, Biden has just been Trump 2.0, as I argue in other Regulation articles: “Biden’s Protectionism: Trumpism with a Human Face,” and “Is ‘Bidenonomics’ Just ‘Bidenology’ or ‘Trumpology’?”
I agree that his Supreme Court nominations were relatively good because, for once, he consulted people who knew (the Federalist Society).
TMC
Jun 21 2024 at 8:19am
“Mr. Trump’s followers greatly exaggerate the value of his policies.”
I agree, which is why I gave the mediocre ‘Clinton’ designation. Overall though, his approach was deregulatory, which is good. He did spend too much, which I see as his greatest authoritarian issue. Overall, it’s his distractors who ‘greatly exaggerate’
Pierre Lemieux
Jun 16 2024 at 11:57pm
Mactoul: Moreover, remember that virtually all the quarantine-like measures (including business closures) fell under states’ jurisdiction, and there were much variation among states. In New York and California, measures were relatively drastic, although often not as bad as, say, in France or Canada. In many other states, they were much less drastic than in most other countries. In Maine, where I live, the most drastic ones were the forced business closures, bad enough of course; but outside of this and obligations to wear masks in the many businesses that stayed open, there were none.
Mactoul
Jun 17 2024 at 8:24pm
Forced business closures?
Revolutions have been made for much less.
Pierre Lemieux
Jun 20 2024 at 7:32pm
Mactoul: In fact, 99% (I would guess) of human history has been a history of arbitrary political authority who could not only close businesses, but prevent them to open in the first place, especially if the attempts were made by ordinary people with no connection to the rulers. Ordinary people knew that so well that they even did not even try, and even less revolt. The only exceptions were among merchants, notably in High Middle Ages towns. We owe the Industrial Revolution to the economic freedom of ordinary people in the liberal 19th century. I have quoted several books on that topic before; I could add those of Deirde McCloskey.
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