Continued from above...
Why Joseph Sobran Is Wrong About The Civil War, by Timothy Sandefur, part II, pg. 9:
"...Now, the foregoing has explicitly relied on certain legal fictions--concepts like sovereignty, social compact, state's rights, or "a whole people for certain purposes." These legal fictions, however, are instrumental to understanding the Constitution, which was based on them. If those who defend the Confederacy wish to hang their theoretical hat on a rejection of social compact, or of legal fictions in general, they may. But I do not think that libertarianism is
inherently opposed to such useful theoretical constructs. What's more, since the Confederate Constitution was also based on a social compact theory, such a defense would ultimately prove self-contradictory.
I have also tried to make clear what I am not saying. I am not defending the military draft, which Lincoln instituted in response to Jefferson Davis' institution of a draft for the Confederate Army. I am not defending paper currency, the income tax, or the suppression of freedom of the press. Most importantly, I am not defending the Whig program of internal improvements, or the modern welfare state. These things are routinely invoked in the Civil War debate as a way to (in a popular phrase of the post-Civil War era) "wave the bloody shirt." The implication is that whoever thinks secession is unconstitutional must be a New Dealer. Of course, even if it could be shown that erecting the welfare state was the price America paid for ending slavery, that would still have been a bargain--defenders of the south have no business waving the bloody shirt.
But of course, the welfare state was not a consequence of Union victory. That allegation is the result of a simplistic view of history which searches through the past for some bogeyman on whom to pin the blame for America's Fall. (I even know some libertarians who think it all went to hell with the Louisiana Purchase!) But the regulatory welfare state is much more a legacy of the Populist and Progressive movements of (roughly) 1880-1920--which rejected natural rights entirely, and sought refuge in bureaucracy and direct democracy--and of their descendants in the New Deal and Great Society. There have always been, and will always be, those who think that government should run our lives, and that federal bureaucracies are somehow more effective than state authorities. There have always been abuses at the state and federal levels--lynch mobs and segregationists hiding behind state's rights, and welfare statists promising federal chickens in every pot. If it had not been for Woodrow Wilson, someone would still have clamored for a Federal Reserve, and there would still be those demanding a Department of the Interior had Teddy Roosevelt never been born. Yet, to read the statements of libertarian defenders of the Confederacy, one might imagine that, if only Stephen Douglas had won in 1860, we would all be living in Galt's Gulch.
While it's true that the federal-state relationship was never the same after the Civil War, it does not follow that the Union's victory caused the modern federal bureaucracy, and even were that true, how would this conclusion help us? Our energies are far better spent in understanding how state's rights really work--how federal sovereignty is really constituted--and how we can prevent the further growth of federal (and state!) bureaucracies. One can believe in both federal supremacy and state's rights; one can believe that the north was right, and that the federal government is one of limited and enumerated powers. By focusing on irrelevant outrages like the draft, or by searching through history to find "where it all went wrong," we fail to appreciate the complicated issues of Constitutional theory, and end up distorting our understanding of the past.
Whose False Idol?
I'm intrigued by Sobran's statement that for Lincoln, the union was like a "golden calf." This could mean one of two things. According to Exodus, the golden calf was a false god, for which the Israelites clamored when they grew impatient for Moses' return from Mt. Sinai. By kneeling to this idol, they betrayed their First Commandment duty to worship only the One True God. "Oh," said Moses, "this people have sinned a great sin, and have made them gods of gold." So Sobran could be saying that Lincoln venerated government while betraying his fidelity to higher principles. But it was the
Confederates who knelt to the idol of state sovereignty, while betraying the principles of liberty and equality which, according to the Declaration, are the only legitimate basis of sovereignty--who sought to sacrifice the liberty and lives of millions, to preserve the autonomy of states--who chose to break up the nation, rather than face the prospect of working for their own bread, or acknowledging the humanity of black Americans. It was they who embraced the idolatry of state power, and renounced the only principles which can legitimize the state. As Lincoln said, it is strange that the name of a merciful God should be invoked on behalf of those who sought to earn their living through the sweat of other men's faces. Surely the south worshipped a god of gold..."
NOTE: TO ALL...
Fellow forum member and friend, jmb57, has just found the website for the above article by Sandefur. You can read the entire 12 page article at the following website.
http://web.archive.org/web/20050504141128/http://www.geocities.com/sande106/sobranreply.htm
Thanks again, JB, I really appredciate you providing this, for me and the forum.
Sincerely,
Unionblue