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In a solocast, Justin Stapley discusses the rise of anti-semitism in America and across the world, reckons with the ugliness of war and the need to see terrible conflict through to victorious conclusion to secure peace and prosperity, and once more addresses the reality of dysfunction and decay shot through America’s civic culture.
Is the Israel-Hamas War recalibrating American politics? Just how MAGA is the Republican Party? Does the GOP primary race for second matter? Who will perform well in tonight’s primary debate and who stands to gain the most from a good performance?
Justin Stapley and Scott Howard discuss all these questions and more.
This podcast is brought to you by the Freemen News-Letter, a Substack-hosted online publication operating under the auspices of the Freemen Foundation as part of its mission to conserve and renew American constitutionalism. Audio editing provided by Stephen Chucay.
Episode notes:
Jake’s website. Follow Jake on Twitter @jakehunsaker
Peruse the Original Draft of the Declaration.
Check out more from Justin Stapley at the Self-Evident newsletter.
Follow Justin on Twitter @JustinWStapley.
Show Notes and Points
Part 1 - Is the Trump era over? Arguably, yes.
* Not because Trump isn’t still a force to be reckoned with or is no longer relevant
* But because the Virginia election demonstrates he’s no longer a center of gravity in American politics
* Aside on Buffalo write-in-campaign, why don’t non-Trump conservatives have this kind of political will?
* Democratic reactions: Racism, accelearate progressive agenda
* Democrats are the ones who want Trump in the conversation
Part 2 – Trump as a wedge issue
* I just recorded a podcast episode with Josh Lewis who hosts the Saving Elephants podcast and we discuss some of these kind of issues
* Specifically, he asked me why I don’t treat Trump as the existential crisis to the Republic so many other non-Trump conservatives
* Points:
* 1. The Democrats have not acted as center-left partners in a “coalition of the decent”
* 2. They have used Trump and Trumpism as wedge issues to get votes for a progressive vision that the country doesn’t support
* 3. Biden didn’t follow through with the moderate approach or the return to normalcy he promised (as a I predicted)
* 4. The Lincoln Project and other “Never Trump” actors haven’t acted as center-right partners in a “coalition of the decent” but have embraced a role as partisan boosters, acting and behaving just like the #MAGA crowd they claim is existentially threatening the Republic
* 5. Finally, as I touched on earlier, if Trump was truly an existential threat to the Republic, why on earth would Democrats want him in the conversation, why would they goad him to jump into the fray in Virginia, why do they seem to want him around and part of the dialogue? What political objective would be worth resurrecting the specter of a defeated president so that he can be used as a wedge issue to get people to vote for Democrats?
* I guess this is the whole point of my frustration. So many of Trump’s political points want the political advantages of a narrative that treats him as an existential threat, but then they engage in politics as usual instead of shifting their rhetoric and their actions in ways that would make sense if he truly was an existential threat.
Part 3 – Trump and Trumpism are problems
* Don’t get me wrong, I have long recognized and resisted the nationalism and populism of the Trump era
* Written extensively on this unique issue, and the threat that presents to the political health of our society
* Points:
* 1. Trump has been a catalyst for the embrace of nationalism on the Right
* Nationalism is different than patriotism
* Patriotism is love of country for its ideals, believes in exceptionalism based in principles and values
* Nationalism is love of country beyond or even in absence of ideas, believes in national supremacy based on some belief of superior traits, whether that’s cultural, ethnic, religious..etc.
* American patriotism clings to the norms and moors of our unique constitutional culture, nationalism views these norms and moors as “suicide pacts” and will circumvent them or even destroy them in order to defeat or “own” political enemies.
* 2. Trump has been a catalyst for an assault on classical liberal values from the Right
* Now not only is the Left largely illiberal, the Right has become anti-liberal
* Since Trump’s rise, America’s constitutional framework is now under determined assault from serious and determined camps on both sides of the political aisle
* Trump has been a catalyst for the dismissal of the importance of private and public virtue in political representation
* Too many conservatives no longer consider character and virtue as important and desirable traits in their leaders. They want fighters, they want people who can play dirty. They view character and virtue as weakness and think anyone trying to cultivate or demonstrate character and virtue is going to get steamrolled by progressives who are willing to play dirty.
* Over and over again, I hear conservatives say, “We can’t be nice, don’t be nice, now isn’t the time to be nice. We have to fight, we have to play dirty, we have to beat Democrats at their own game.”
* So many times, I hear people say that Trump was the “greatest President in history” and I just can’t even wrap my mind around believing that this crass, petty man could be considered a better servant of the people than Washington, Jefferson, Madison, Lincoln, Coolidge, or Reagan by people who call themselves conservatives and constitutionalists.
* 3. Trump has been the catalyst for a Right-wing movement that, more and more, acts and behaves like Leftists rather than conservatives
* Victim mentality:
* “Those guys are out to get me”
* “I have grievances, they’re more important than your grievances”
* “My feelings are more important than your facts”
* Cancel culture:
* How many politicians have been chased out of office because they said something Trump didn’t like or proved insufficiently supportive of Trump?
* How many conservatives have been chased out of the Republican Party or ran into the political wilderness because they didn’t get fully onto the Trump train?
* How many pundits either had to change their tune on Trump or ended up taken off the air or relegated to smaller markets.
* And, I can speak from personal experience that many, many insufficiently Trumpy conservatives have either had to self-censor their opinions about Trump or face the loss of friendships, relationships, or even face professional consequences.
* Big government:
* Big government used to be something that needed to be dismantled. The conservative movement used to be a movement focused on conserving and renewing the founding vision of limited government, dual sovereignty between states and the general government, and localism.
* Now, big government is a hammer to be wielded. Trump had his article 2, which meant “he could do whatever he wanted.” Constitutional norms and moors were roadblocks rather than important bedrock principles.
* Trump was cheered for doing things that would be called tyrannical if done by Democrats, like repurposing military funds for the wall or banning bump stocks through the ATF.
* The welfare state was suddenly off-limits under Trump. No efforts were made to address runaway entitlements. Trump didn’t talk about it, and he prided himself for not talking about.
* Debt and deficits suddenly didn’t matter under Trump. In times of plenty, he ran up trillion-dollar deficits. Pundits and politicians alike admitted that fiscal conservatism was out the window. Rush Limbaugh even admitted no one really cared about it at the end of the day.
* 4. Perhaps worst of all, Trump’s assault on the efficacy of our elections led to the worst transition of power crisis in our history (second-worse if you count the civil war as a transition of power crisis) and has led to historic distrust in government processes.
* Trump’s done this in virtually every election he’s been in, even one’s he won
* Primaries he lost
* Claimed he won the popular vote in 2016
* Was calling mail-in-ballots a path to fraud months before the 2020 election.
* Reliably red states like Utah have had mail-in-ballots for years
* Called the 2020 results fraudulent the minute it looked like he would lose
* Jan. 6
* Trump won’t talk about anything else. He’s an anchor both on the American republic as a whole and on the Republican Party in particular because the only thing he cares about is his own pride and his refusal to accept that he lost to Joe Biden
* Across the country, we’re seeing controversial and questionable election laws all built on the belief that 2020 election results were questionable.
* Is fueling needless hysteria. Many of these laws are a result of unnecessary moral panic fueled by baseless claims that continue to come from Trump’s lips and those of his surrogates.
* If Trump runs again, whether he wins or loses, it might trigger a serious constitutional crisis and even trigger a rift in the union. There are too many people who will refuse to recognize him as the President again while, on the other hand, an escalation of January 6th like backlashes against his defeat could trigger violence and escalate.
Part 4 – Trump in Context
* But notice that in all of this, I’m calling Trump a catalyst
* Everything we’ve seen in the last five years, on both sides of the aisle, existed before Trump showed up.
* Trump could catch a second bout of COVID tomorrow and die and we would still be dealing with the same issues and the same problems in our political culture.
* We are witnessing serial and systemic political dysfunction that has shot through the entire political culture and both major political parties.
* Trump was neither the “greatest president in history” nor was he a fascist, wannabe dictator whose re-election would have signaled the end of the republic.
* Arguably, nothing he would have done in a second term would have been as damaging or concerning as what happened on January 6th. His defeat proved to be more of an existential concern than his victory would have been.
* Trump was a bombastic reality tv star who combined his name id with an ability to tap into some serious fears and anxieties in a certain segment of America and was able to tap into a populist upswell that propelled him past shocked and perplexed political leaders into a position to face the most unpopular politician in recent American history for the presidency.
* He was able to rely on negative partisanship and a siege mentality among conservatives who increasingly feel like outsiders in their own country as they’ve been marginalized and demonized by the Left, whose culture war has, in many ways, succeeded in taking over scores of institutions, such as entertainment, sports, the academy, and corporations, and has truly transformed many aspects of our culture and our country.
* The reality of Donald Trump is that he’s largely a moron and an idiot, but one that has an entertainment acumen that allows him to instinctually give his audience what they want. He’s a performer, a shock jockey, and a petty attention seeker.
* This man, alone, could never in a million years ever threaten the American republic. Even if all the claims that he presents an existential threat are true, that speaks more to the fragility of America in its present state than it does to anything Trump has said or done.
Conclusion: The Trump Era is over, but the era of Political Decay and Dysfunction is far from concluded
* I really do think that Virginia demonstrates that Trump is fading, slowly but surely. I doubt that he will ever wield the kind of influence he did at the height of his power between the end of the first impeachment and the lead-up to January 6th.
* No doubt, he will still play an outlarged, and undeserved, role in the Republican Party and in the conservative movement...possibly for the rest of his life. But I can’t see how he will ever be the center of political gravity in the country again.
* People like Youngkin and DeSantis are already more visible and relevant leaders of the GOP than Trump, and with 2022 building up to be a Red landslide, there are going to be many, many political leaders rising up who are relevant, current, and focusing on the future instead of wallowing in the past.
* Trump isn’t even really tapping into the populist messages that propelled him to power anymore. The message that gave him victory was him saying I’m with you, I’ll fight for you, I’ll care about what you care about, I’ll fix it for you. His message today is all about him and his 2020 defeat. He’s not talking about any of the issues that motivate his base anymore, he just wants to relitigate 2020. He’s saying it straight up, he doesn’t want to move on, he wants people to refuse to move on, until his election is re-considered, until his popularity and his pride is vindicated.
* The political story is moving on. He’s not the protagonist of the Right anymore, and he’s not truly the antagonist of the Left either (no matter how much they want him to keep being its chief antagonist). In 2021, he’s already been relegated to a sideshow. So, what are the chances that in 2024, he can really be the main event again?
* But regardless, it’s never really just been about Trump.
* The rise and fall of Donald J. Trump was both indicative and catalyzing.
* He brought out nothing in our political culture, in both the Left and the Right, that wasn’t already there.
* And, if we don’t take pains to learn the lessons of the Trump era and seek corrective action that can fix the systemic political decay and dysfunction, Trump will not be the last of this brand of demagogue we see.
* Will the next Trump be on the Left? Will the next Trump be a double-down on nationalism and populism on the Right? Will the next Trump be a third-party spoiler that discombobulates the entire system? Will the next Trump not even engage in campaigns and ballots, and just do damage from the perch of corporate power or from a media pedestal?
* The problems that are plaguing our republic are coming at it from all political directions, and far too many people who could be a part of much-needed solutions are embedding themselves into political narratives that are just perpetuating a vicious cycle.
* I get a lot of crap for my “both sides” positioning.
* But I’m not engaging in whataboutism. I’m not saying “everyone does it” as a way to excuse what any given side does. I hold a “pox on all your houses” position that recognizes we’re dealing with a political era where responsible discourse and politics is coming from very few sources on either side of the political aisle.
* I believe that when something’s wrong, it’s wrong, and it should be called wrong.
* I believe that I should lend support to only what I support, and never offer my voice in support of what I don’t support.
* I don’t believe in negative partisanship. I don’t believe in choosing lesser evils. I don’t believe in aiding and abetting declared political mandates for political visions I don’t support and that I don’t believe the broad American public actually supports.
* I hold to values and principles that I have found through deep study, personal prayer, and constant reflection. I believe that a republic such as ours doesn’t live or die in elections, but rises and falls upon its ideals, upon recognizing and respecting the first principles of government.
* America is many things. It’s a nation, it’s a people, it’s a geographical location. But most importantly, it is an idea. And that idea lives or dies in the hearts of the people. My concern and my observation has been that that idea is losing ground in the hearts and minds of the people, and it’s fading because of the anxieties, fears, and emotions that arise from increasingly consequential and vitriolic politics and elections.
* From this perspective, I judge political efforts by whether they perpetuate this cycle of dysfunction or seek to break that cycle. It cannot be about choosing sides in the way so many what us to choose sides. It cannot be about engaging in political contests until one or the other side has been sufficiently punished, defeated, dislodged, or marginalized. You cannot engage in any kind of burn-it-down crusade and believe you’re making things any better. This kind of political engagement only further heightens the anxiety, the fear, and the emotions of the political contest. This perpetuates the cycle.
* I have argued in this podcast that the Trump era is over, but the Trump era is just one chapter of a broader story of decay and dysfunction, one that may not even end up being the most important chapter.
* I have named my newsletter and podcast Self-Evident, I have committed myself to deep study of political theory and constitutionalism, I spend my days seeking the reason and experience of the ages, because the only path out of the mess we’re in, the only path to true renewal for our republic, is to reacquaint ourselves with the principles of government that broke the broader cycle of human despair. Most of human history has been transitions between tyranny and anarchy, despotism and chaos, over and over again. But through the long ages of human tragedy and despair, sages who sought to find a better way slowly built-up observations of human nature and human society that eventually led to forms of government and foundations of culture and society that could disrupt that cycle. It is going to be the same things that break the current cycle of dysfunction and decay that the American republic is currently experiencing. Nothing else will break it, no political victory, no defeat of any political enemy, no defeat of any specific political figure. The first principles of government, the values of America’s constitutional order, the ideals of the founding vision, and self-evident truths must be first and foremost in our consideration. If we set any of these aside for any reason, or say they must wait until another day because this election is too important, this political opponent must be defeated, that policy must be thwarted...then we are surrendering the only real path to a better future and perpetuating the crisis.
Transcript
Welcome to the Self-Evident podcast. It’s been quite a while since my last episode. Life has been crazy, school has been crazy, and, honestly, I just do what I have time to do. Since it’s been so long, I decided to make an episode in connection to the debate triggered recently by an article written by Jonah Golberg about the idea of creating new conservative third parties. I won’t go into too much detail. I and many, many others have delved into this debate and I’d suggest doing some reading of the various articles yourself to get a measure of what it is we’re talking about. As for my two cents on the issue, I wrote a newsletter last week where I submitted a subtle shift from Jonah’s aims, maintaining the same goals but seeking to accomplish what he suggests, not through third parties, but through committees or caucuses that can organize people towards championing values within the existing party structures.
Today, in this podcast, I’m going to take this argument a little further and add some philosophical flavoring to what I’m positing. I’m not going to rehash my arguments too much from last week’s newsletter, so before you continue listening, I would suggest taking a moment and giving that newsletter a read.
As a Madisonian, one of my key interests throughout my studies of political theory and constitutionalism are the mechanisms or “auxiliary precautions” that can be introduced to a political system and political culture in order to maintain the counterpoise necessary to ensure that no single majority faction gains control of the government and proceeds to assault the rights and liberties of those outside of the majority’s interests.
James Madison, for his part, was zealous in assuring that such auxiliary precautions existed within the framework of the US Constitution. While others would have preferred a strong bill of rights within the main body of the proposed constitution, Madison initially scoffed at the effectiveness that “parchment barriers” could have in actually controlling the actions of the government. Pointing to the serious violations of English Constitutionalism at the hands of Parliament that necessitated the struggle against Britain, James Madison was more interested in establishing checks and balances on power than in an enumeration of rights.
Madison argued that only through a proper diffusion of interests that forced governance by coalition and consensus could rights and liberties ever truly be secured. In this view, no enumeration or declaration of rights can ever fully secure a nation from arbitrary oppression and tyranny if there was not a proper diffusion of interests to make it impossible for any one faction to be large enough to compose a true majority.
It should be pointed out that faction and party are not necessarily synonymous in political theory. More often than not, especially in American political history, a political party is more likely to constitute a coalition of factions rather constitute a single faction in and of itself, seeking absolute dominance of the wheels of government.
In our own day, most of Madison’s auxiliary precautions remain intact, though the counterpoise he helped establish has been disrupted by several key developments. The four main disruptions of constitutional counterpoise I’ll discuss today are negative partisanship, national communities, the imperial presidency, and national parties.
National Communities
By national communities, I refer to associations that allow individuals to assume identities disconnected from their local communities and their states. Social media, for example, has created platforms for political activism that tend to establish core constituencies of citizens united by ideological beliefs that can wield political power despite being spread out across the country. This has tended both to increased instances of groupthink through self-sorting as well as a tendency to view politics as purely national because local and state issues fall to the wayside among groups that have no common interests at that level of government.
Developments such as this have frustrated several aspects of counterpoise that had existed within the American system. Firstly, the notion of dual sovereignty shared between state and federal governments has fallen to the wayside as the interests of the people have become far more interested in accomplishing their political goals through the federal government rather than local or state government. As well, officers in local and state government are often more interested in national politics and less interested in wielding political power in their limited spheres. Additionally, Madison had believed that each state would have its own interests and that it would be too difficult to unite various state-based factions into a majority faction. The technology that has brought us closer together has largely washed away the state-to-state differences that used to exist in even similarly philosophically disposed factions.
Imperial Presidency
The imperial presidency as well has created its own set of difficulties. More than a mere executive authority, the president has come to represent the will of the people as a whole by way of being the only political officer elected by the entire nation. The people and their political representation have developed the tendency to adopt interests based upon whether they support the “nation’s father” or oppose him. This has made it difficult for a proper diffusion of interests to occur as, increasingly, the nation becomes split in two in support or opposition for a president. Both individuals and institutions lay down many of their interests in order to adopt and champion the common interests of a larger faction united by their disposition towards a single man.
Not only has this led to the development of larger, overarching factions, but it has disrupted the balance of power in the federal government as well. In the designs of the American system, the various branches of government were meant to check and balance each other through institutional jealousy. The idea was that, even if a member of Congress was politically allied with the President, his institutional loyalty would check the tendency to simply do what the President wants, and vice versa. But, as part of a broader political faction that transcends these countervailing forces, members of Congress now offer undying loyalty or unfailing opposition to the president based upon the pressures of national faction to the detriment of any institutional considerations.
National Parties
Another concerning development is the popular view of political parties as national parties. I say popular view because, while the supposed leaders of the parties act like they’re leading a national institution, the realities of how American parties organize themselves do not reflect the notion of truly national organization.
Each major political party is actually a confederation of mostly independent local organizations with surprisingly high levels of autonomy. What national bodies exist within these parties have very little capability to impose their will upon local organizations. (This is why someone like Joe Manchin is a Democrat in West Virginia but would likely be a Republican in New York. Actual party politics can vary to great extant across different states and counties because there is no institutional gravity that dictates party politics).
But, as I said, this is not how the political parties are viewed in the popular imagination. They are made out to be monolithic entities either to be wholly supported or completely opposed. A center-right independent in New York will refuse participation in their local Republican Party because of the actions and words of a far-Right Republican in Georgia. A center-left independent in Utah will refuse participation in their local Democratic Party because of the actions and words of a hard-Left Democrat in Oregon.
The natural counterpoise that exists in the organization of political parties, which are modeled after the organization of the federal system, fail to operate as checks and balances upon the creation of majority factions because the tools for such a purpose largely lay unused. Because the parties have come to be viewed as national, monolithic institutions, people only join them if their interests align with their perception of the national interests of a large, national faction and they abandon them if they come to believe that their interests are opposed to their perception of the same.
Negative Partisanship
The combined impact of everything that I have discussed leads the propensity of negative partisanship. Because we’ve effectively allowed for the creation of two large factions that control our two major parties and because both factions claim to represent a majority of the country, many Americans have reasonably become concerned that the outcome of any given election will have major consequences upon the nation.
Because the parties claim a mandate of majority approval for their ideas when they gain control of the government as a national “majority” faction, they feel entitled and empowered to engage in arbitrary governance. Building coalition and consensus in legislation in this environment comes to feel like a compromise of basic principles rather than the exercise of good governance. The political parties end up seeing no reason why they can’t attempt to enact their entire vision without the constraints of opposing viewpoints or the concerns for those outside of their “majority” faction.
This leads to mainstream voters who, while at the same time feel pressure to disassociate from the parties and fail to engage in the party processes, nevertheless feel they have no choice in the general election but to vote against the side they view as a wholly unacceptable option due to the realities and perceptions of what they will do when in power.
This negative partisanship has double impact upon the problems we’ve been discussing because it both leads to a lack of participation in party processes that allows marginal interests to wield unchecked power while also enabling mandates for these marginal interests who can claim to be a majority faction when they do not actually reflect the interests of most mainstream voters.
When Factions Are the Cure
The solution, believe it or not, is to create factions. Not separate political parties, mind you, but to engage in the ideas I laid out last week in my response to Jonah Goldberg’s conservative third-party idea. We need more factions within factions, factions within our political parties, so as to diffuse interests and disallow any single faction from claiming a majority mandate in the government.
We need to slowly but surely attack the idea that either political party is a truly national faction that wields majority approval for any single interest group. Presidents, Senators, Representatives, and all local and state officeholders must be made to understand that they are in power because coalitional efforts put them there, not a monolithic and united faction that they must kow tow to.
Specific to my brand of conservatism, there needs to be organized local and regional organizations of Platform Republicans, Values Voters, or, as an excellent article for National Affairs suggests, liberal-conservatives.
Indeed, the article from National Affairs, written by Steven M. Teles & Robert P. Saldin, lays out a path for (a) small but effective organization(s) of classical liberal conservatives who can leverage what power they have for change within the Republican Party (the working model for this kind of action, believe it or not, is the Democratic Socialists of America).
The article lays out the unfortunate reality that, for the time being at least, “the dominant faction of the GOP will almost certainly be populist and nationalist” but it goes on to point out that this faction can be kept from being considered a majority faction and can be “forced to share the party with what we will call the 'liberal-conservative' faction in recognition of its grounding in classical-liberal principles of free trade, pluralism, and constitutionalism."
As the constituency for this ‘liberal-conservative’ faction, the article lists the “middle class, the college educated, business managers and owners, and more upwardly mobile members of ethnic minority groups, especially in cities and states where Democratic governance begins pinching their core interests.” The article suggests that broad financial support for such a faction could come from “the financial sector, which is generally less socially liberal and more suspicious of increased taxation than the technology entrepreneurs of the West Coast while sharing with them a generally internationalist orientation that makes the nationalism of the populists and socialists anathema."
The article even points out the appeal of this ‘liberal-conservative’ faction to areas that are out of play for a nationalist and populist dominated GOP, such as “the bluer parts of the country” where Republican governors gained “re-election...in Maryland and Massachusetts, who, in a somewhat inchoate form, already embrace such an approach.” Pointing to “GOP success in Annapolis and on Beacon Hill” as indicative but “lone-wolf” successes, the article suggested the possibility for “fueling a durable faction” out of this approach by building “a broader organization and forg[ing] connections with like-minded partisans elsewhere.” The article asserts quite unequivocally that “building a liberal-conservative faction within the Republican Party is not a fantasy."
The article cautions that this ‘liberal-conservative’ faction would indeed be a minority faction for the time being, but that it could still create a “genuinely distinctive, independent, factional brand such that voters don't think of themselves as supporting the dominant populist faction of the GOP with their vote in congressional elections” and that “it could become powerful enough to force the majority faction to negotiate and share power with it."
I actually hold a bit more optimism than the article is willing to concede because I think that once a choice could be provided to the Republican electorate that doesn’t amount to supporting the Left in order to oppose Trump there would be significant portions of voters who would get shaved off from what ultimately remains a small but dominant faction of true nationalists and populists who are punching far above their weight in their control of the party.
But, regardless of how quickly such a ‘liberal-conservative’ faction may gain inroads within the Republican Party, the path is nevertheless there (and similar paths exist for center-left efforts in the Democratic Party as well). This, of all the suggestions I have pondered over the last half-decade, seems the most sound and rational way to both arrest the control of the major parties by marginal factions and to address the increased anxieties and disruptions of domestic tranquility by the general belief that the two major parties represent coherent and monolithic factions that can claim true and unflinching majority support when they take control of the wheels of government.
Conclusion
I started this podcast by referencing the Madisonian notions of counterpoise and auxiliary precautions whose purpose was to diffuse interests in order to keep any faction from growing large enough to dominate the country as a governing majority. I laid out four key ways in which this goal has been frustrated in modern politics: negative partisanship, national communities, the imperial presidency, and national parties.
My closing argument relates to my prescription of re-establishing factional divergences within the major political parties and how this path not only addresses the immediate concerns of our political moment, but can address the four problems I’ve laid out.
The factional approach I propose would effectively address the problems associated with negative partisanship. By carving out philosophical space where people can engage based on their actual interests, it will help arrest the tendency of individuals to surrender their interests to their view of a national party in order to defeat the party they oppose more. Membership in such smaller factions would also embolden people to punish their own parties if their factions are ignored in the selection of candidates. Finally, it would be much more difficult for elected officeholders to claim overarching mandates as they are forced to recognize they owe their positions to coalitions of factions and not to overwhelming support from a supposed single majority faction. All of these developments would help lower the temperature and make negative partisanship far less likely among the electorate.
Smaller and active factions would also limit the impact of national communities, especially of the online variety. Locally based factions within the parties would encourage people to step away from their computers and engage in political activism in their own neighborhoods and states, helping to re-establish interests that are more regionally and state-based. This would not only limit the effectiveness of factions that skip over local and state interests and make the conversation solely about the federal government, but it would also engender more conscientious political engagement since rhetoric tends to be more measured face to face than with the buffer of a computer screen.
Most strikingly, re-establishing smaller factions within the political parties would absolutely shatter the illusion of national parties that reflect coherent and monolithic factions who can argue for representing a total majority of the country. With enough effort, Americans would begin to see through the partisan fog and recognize the major political parties for what they are: political institutions where coalitions work together to elect generally acceptable members of government. Parties are not themselves factions but loose confederations of local organizations who themselves are pressured by various factions pushing and pulling against each other to find compromise and consensus.
All of these things would have their impact upon the imperial presidency as well, though this is perhaps the factor of dysfunction that is the least likely to be impacted through the efforts I suggest on their own. The reality of the presidency is that serious adjustments to federal procedure are needed to re-establish the proper balance in the three branches of the federal government. This is a topic for another time. But there are still ways that small, active factions could help at least prod things in a better direction. First and foremost, members of Congress would see themselves less as extensions of a presidential agenda attached to a national party and more as representatives of the coalitional interests that put them in office. As well, the Presidents themselves would be less able to claim clear mandates for governance since their time would be spent negotiating with the various factions of their winning electoral coalition as much as it would be asserting their agenda. Finally, Americans could begin to see their president less as a figurehead representing the nation as a whole and more as chief broker and arbiter who helps sort out the various interests of the smaller factions and must see to the faithful execution of what legislation gains consensus and becomes law.
In politics, there is never a silver bullet. But I do believe that if we can establish smaller factions that can operate within existing party structures and shatter the illusion of the parties as factions themselves, it will go a long way to lowering the temperature in the country and to finding paths towards better and more effective governance.
If I had the means and connections to act upon my suggestions, I would do so in a heartbeat. But all I can do is make an argument for my ideas and hope that enough hearts and minds are touched that maybe such efforts may take root, even if they only begin in a few key places ripe for such efforts.
And that will do it for this episode. We’ll see how long it takes before I’m able to pump another episode out. Until then, stay free my friends.
Transcript
What is a military-grade weapon? Should any of the firearms currently on the market in the United States be considered military-grade? Specifically, is the AR-15 a military-grade weapon? These questions are difficult to answer because “military-grade weapon” is another term in a long list of terms being used in the gun debate that have no specific, relevant meaning. But, for the sake of argument, I’m going to attempt to find a working definition of “military-grade” in this episode of the Self-Evident podcast. So, here we go.
Full-Automatic Fire
The most obvious firearm feature that we can universally consider “military-grade" is the capacity for full-auto fire or the ability to simulate or approach full-auto fire. That’s because a full-automatic weapon is what’s considered an area weapon, meaning it’s designed to saturate an area with gunfire far beyond what’s possible with manual pulls of the trigger. Area weapons fall into a broader category of weapons that are considered mass casualty devices, meaning their design fulfills a specific military need to cause mass casualties in an opposing force.
Because the civilian application of a firearm for self-defense falls quite exclusively into situations requiring what are called point weapons, firearms designed to deliver purposeful, precise, and controlled gunfire, there is an established tradition in American law that civilians do not have a protected right by nature of the second amendment for area weapons and mass casualty devices. This allows us to classify, based on existing law, Light Machine Guns, Assault Rifles, and Submachine Guns as military-grade weapons (legally, they are classified as machine guns). This also allows us, generally, to classify a semi-automatic weapon modified in some way to simulate or approach full-auto fire as a “military-grade weapon”.
However, if the limit of our definition of “military-grade” is only on the capability for full-auto fire, the debate would be closed. Manufacturing full-automatic weapons for general civilian use is already banned and the sale of existing full-automatic weapons is highly regulated. The highly complicated process for acquiring one of the little over 500,000 existing automatic weapons in the hands of civilians is so complicated and rigorous that their use in crime is virtually non-existent.
There have only been three reported incidents of full-automatic weapons used in crimes since 1934 and none of these incidents were mass shootings. Additionally, the Vegas Shooting remains the only occurrence of semi-automatic weapons modified to simulate or approach automatic fire by use of external devices and those devices (bump-stocks) have since been banned. So, if we are to extend our working definition of “military-grade” to include any of the firearms currently on the market for purchase by the general public, we’re going to have to discuss other firearm features.
Since the AR-15 is the weapon most commonly accused of being military-grade, let’s see if we can find a feature that helps in creating a broader definition of “military-grade” that makes sense. In this episode, I’m going to break down the features of an AR-15 to see if any of them can be highlighted as a feature that makes a weapon “military-grade.” The features of the AR-15 style rifle that I’m going to discuss will be semi-automatic fire, ammunition capacity, ammunition caliber, weight, length, material, grip style, attachments, and butt-stock modifications. Most of these features have either former laws, current laws, or proposed laws that would affect them.
Does Semi-Auto Fire Make a Weapon “Military-grade”?
Alright, so far, we’ve established that full-auto weapons, or machine guns, are already well regulated and that in order to have a working definition of “military-grade” that applies to firearms on the civilian market currently, we need to establish another firearm feature that can be considered “military-grade” beyond full-auto fire.
The first AR-15 feature we’re going to discuss is the most striking feature that makes the AR-15 attractive to mass shooters: semi-automatic fire.
Semi-automatic fire means simply one-shot for one trigger pull. It's called semi-automatic because while it’s not full-automatic, the action of the weapon still automatically loads another bullet into the chamber after the fired projectile leaves the barrel. This means the user can release the trigger and pull it again to fire another shot. But a user cannot fire successive shots by merely holding down the trigger.
Semi-automatic fire was first developed in the late 1800s. It was a vast leap forward in firearm capability over the single-action firearm. A single-action firearm required the user to perform a manual operation to place another round in the chamber after he had fired a shot.
While a user could fire a single-action firearm rapidly, such rapid-fire required quick and jerky motions of the action or even creative handling of the weapon, the kind of stuff we often see in westerns.
Semi-automatic fire not only made rapid-fire a standard feature, it allowed a user to maintain rapid-fire with a firm, steady grip on the weapon impacted only by recoil.
It is common among those who have little experience with firearms to mistake the term semi-automatic with the burst-fire capability of some modern assault rifles. Burst-fire is a modification of full-automatic fire that allows a user to fire a proscribed number of shots with each trigger pull instead of maintaining full-auto fire until the trigger is released. Burst-fire has no unique legal definition. The government considers it full-auto fire and regulates weapons capable of it as machine guns.
It is the rapid-fire capacity of semi-automatic weapons that can make mass shootings so deadly. Most mass shooters use semi-automatic weapons, inviting a conclusion that this feature of an AR-15 is what attributes most to its lethal nature.
However, is it reasonable to assert that semi-automatic capability makes a weapon “military-grade”? Semi-automatic weapons make up the bulk of modern weapons used by civilians for over a hundred years. In families with hunting and firearm traditions, most kids get a semi-automatic .22 as their first rifle. Mine was a Ruger 10/22 when I was twelve years old.
Semi-automatic weapons are so common in America that even the Federal Assault Weapons Ban left large swathes of them untouched and fully legal (there were 650 firearm exemptions). This was because even those who designed the ban had to concede banning all semi-automatic firearms would ban almost every popular weapon on the market.
Clearly, the semi-automatic feature is far too common in civilian use for us to credibly use it as the feature that defines a weapon as “military-grade.” In fact, purely semi-automatic weapons are surprisingly rare in military use. They are virtually non-existent outside of sidearms and designated marksman rifles. This fact, combined with the vast civilian use of semi-automatic weapons, makes it the most consistent feature of civilian-grade weapons.
This means we’re going to have to continue looking at the AR-15's other features as we keep trying to define “military-grade” in a logical and usable way.
So, let’s discuss the next AR-15 feature so often treated as “military-grade”: ammunition capacity.
Does Ammo Capacity Make a Weapon “Military-grade”?
The noted phrase thrown around by those who back gun control when it comes to ammo capacity is "High-capacity." "High-Capacity Magazines" are a top target for gun regulation. Some states already have heavy regulations on what they define as high-capacity mags and on the weapons that can use them.
Specific to the AR-15's ammo capacity, it has several standard magazine options which include 10, 20, and 30. Far less common, but still available, are 50-round drum-mags and 100-round dual drum-mags.
Given the ability to quickly reload an AR-15, ammunition capacity beyond the standard magazine options has not played as significant a part in making the AR-15 more lethal in its application as some might assume. But it does play a role if the shooter knows enough about the proper operation of his weapon.
The ability to maintain a steady barrage of fire leaves fewer gaps for a driven response against the shooter. It can also allow a much higher saturation of fire at the start of a shooting if the shooter targets tightly packed crowds or if the shooter is placed at a choke point. If a shooter overcomes the higher chance of the weapon jamming, a far clumsier reload, and the increased difficulty of storing and concealing such large magazines, the shooter achieves the potential for using what would otherwise be a point weapon as an area weapon.
However, military and law enforcement rarely use mags beyond 30-round capacity, if ever. This is because most drum-mags are known to jam. Also, experience has shown that the pause in shooting forced by a reload keeps the weapon from overheating, avoiding weapon-crippling malfunction. Constant reloads also help combat the effects of tunnel vision. In fact, the M16 was first fielded in Vietnam with only 20-round magazines because the military did not yet consider the available 30-round magazines reliable enough for the field.
Drum magazines in use by active shooters have malfunctioned and jammed. Specifically, the Aurora Colorado Shooter may have been able to kill many more than just 17, given the confined space and the locked exit, if he had not used a 100-round dual drum magazine that caused his weapon to fail repeatedly.
Yes, most weapons in use by the military use detachable magazines with a capacity above 20, even the ones that aren't semi-auto. There are reasons for this. However, using the ammo capacity as a way to classify a weapon as military-grade runs into the same problem that trying to use the semi-auto feature does. Most semi-auto weapons use detachable mags or have internal magazines with considerable capacity. Remember that Ruger 10/22 I got when I was 12? It has virtually all the same magazine capacity options as an AR-15. Most popular, and even outdated, semi-automatic pistols have extended and drum magazines designed for them as well.
So, once again, we're talking about the vast majority of civilian-owned firearms. All of the same problems that I discussed earlier, in regards to semi-automatic firearms, also apply to weapons that can use large magazines. To classify firearms as military-grade based on their ability to accept large magazines would be to classify most civilian-owned and used guns over the last century as military-grade. Clearly, ammo capacity doesn't make for a military-grade weapon.
But, in this aspect at least, gun reform activists have taken a different tact and gone after the magazines themselves. They argue if they can ban magazines beyond a certain capacity, then semi-automatic weapons become far less deadly. They also assert that just as there is no civilian need for an area weapon, like I talked about earlier, there is also no civilian need for high-capacity magazines.
They're saying that instead of classifying weapons as military-grade we can instead classify accessories, like high-capacity magazines, as military-grade. With this one, the devils in the details.
As I mentioned before, the military and police do not use drum magazines because they are unwieldy and highly prone to causing weapon failure. They’re also difficult to carry effectively on your person. Mass shooters have only used drum magazines in a few instances. It is arguable whether they afforded any impact on the number of casualties since the perpetrators of most of the worst mass shootings used only standard-size magazines.
Clearly, to have an impact, a ban on magazines would have to target more than the 50 and 100-round drum magazines. So, what would be a sufficient number to specify? The amount would have to be surprisingly low to have any impact.
Do you remember what we talked about earlier with M16s in Vietnam, how soldiers only had 20-round magazines? Any surviving Viet Cong can probably attest to the M16’s effective use even with 20-round magazines.
So, we're left with the smallest AR-15 magazine size: 10. But, if you've been paying attention to the pattern here, you'll probably see the issue. Most of the semi-automatic weapons in use by civilians, especially pistols, have a standard mag capacity larger than ten. The reality of the vast majority of civilian semi-automatic weapons is that what most gun-control activists deride as “high-capacity” is actually standard capacity. Once again, we are forced to conclude that ammunition capacity, whether of the firearm or the magazine, is not reasonable grounds to consider a weapon military-grade.
Alright, so thus far we’ve discussed semi-automatic fire and ammo capacity. We’ve been forced to conclude that while both features make the AR-15 a capable and formidable firearm, it is not possible to use these features as the foundation for a workable definition of military-grade. The majority of civilian firearms over the last century have these features. Since such weapons are in common usage by civilians, we could not reasonably call any of them “military-grade.”
So, next up in the features we’re going to discuss is caliber.
Does Caliber Make a Weapon “Military-Grade”?
The caliber of the typical AR-15 is .223 or, as NATO designates it using the metric system, 5.56x45mm. While there are certain specification differences between ammunition labeled as .223 and 5.56, many popular AR-15s can shoot both. So, we’ll consider those differences as beyond the scope of this discussion. The definition of caliber is the size of the barrel through which the projectile travels. This means that an AR-15’s barrel is in the ball bark of .223 inches, or 5.56 millimeters, in diameter.
The .223 is a bottlenecked, intermediate round. It was developed along with the first assault rifle variant of the AR-15 (later dubbed the M16). The developers had three clear goals in mind. First, to decrease weapon recoil compared to the full power cartridges used by battle rifles. Second, to increase magazine ammunition capacity and the single soldier’s combat load. And third, to provide higher velocity compared to slower moving and larger rounds.
Intermediate cartridges are directly related to the development of the assault rifle class of firearm. The term assault rifle derives from the German World War II weapon Sturmgewehr 44 (literally Storm-gun, meaning a weapon to storm or assault an enemy position). The Sturmgewehr is considered the first assault rifle and utilized the first intermediate round, the 7.92x33mm Kurz.
Alright, so why did assault rifles so rapidly become the standard-issue weapons of militaries across the world? Because it bridged the gaps between three different classes of firearm: carbines, submachine guns, and battle rifles. Now, a squad of soldiers could carry only one type of firearm utilizing the same ammunition, and capable of fulfilling the roles once carried out by three different weapons. An assault rifle had the length and light-weight of a carbine, the rate-of-fire of a submachine gun, and could approach the accuracy and effective distance of a battle rifle.
So, does this allow us to use the ammunition caliber of an AR-15 as the basis for considering it military grade? Not quite. There is one small problem with this approach. An assault rifle, given its selective fire capability, meaning it has the option for automatic fire, is considered by US law a machine gun and is highly regulated (as I discussed earlier). An AR-15, to be manufactured and sold to the general public, cannot have selective fire capability. A civilian AR-15 is purely semi-automatic. Therefore, we cannot classify it as an assault rifle. In the civilian market, it is often either classified as a carbine, a modern sport rifle, or sometimes within the broader definition of varmint rifle.
It is my opinion, and the view of many firearm experts, that absent the selective-fire function, the advantages of an intermediate round are, in many ways, canceled out. Without selective-fire, an AR-15 becomes either just another carbine (in its shortened form) or a substandard battle rifle (in its full-size form).
Higher ammunition capacity and compactness can be achieved using true carbines (many of which fire pistol rounds). And, better performance and lethality can be achieved with a true battle rifle (which uses larger full power cartridges). The AR-15 is the most popular civilian firearm because it’s affordable and highly customizable. Most true carbines and true battle rifles are two to three times the cost. That many consider the caliber to be sub-par is reflected by the prevalence of modifying AR-15s to either use pistol ammunition or full-power ammunition. This can better match a civilian AR-15 into a civilian weapon class.
Even the military is trying to improve upon the 5.56/.223. There have been many reports over the last fifty years of the M16 failing to provide sufficient stopping power. The most famous instance was in the Battle of Mogadishu in 1993. Rangers, SEALs, and Delta Operators all reported that indigenous militia high on narcotics were able to withstand a considerable amount of direct hits before being taken out of the fight.
The US Army and the US Marines have been working to develop a round to better bridge the gap between standard intermediate rounds and traditional full power rounds for years. This includes the ongoing attempt to adopt the 6.8 Remington. Many improved intermediate rounds resulting from these efforts are in use by special operation units.
Given that civilian AR-15s are using such rounds as 6.5 Grendel, 6.5 Creedmoor, 6.8 Remington, 7.62 NATO, and even .30-06 and .300 Win Mag, I could claim that civilian innovation has surpassed slow-moving military bureaucracy.
We can conclude that the AR-15, absent selective-fire, falls into the broader category of carbines and battle rifles. This conclusion, and the reality that its caliber is less efficient within those categories, makes it impossible to designate the AR-15 as military-grade based on caliber.
The vast majority of carbines and virtually all battle rifles are more effective than the AR-15 in their roles. This means classifying only the AR-15 as military-grade would be to arbitrarily classify a single weapon that’s arguably less effective than other similar firearms available on the civilian market. And, if we expanded the definition to include all carbines and battle rifles, we would once again cast too broad a net. We would render most civilian weapons utilized over the last hundred years as contraband.
We must conclude that caliber is not sufficient grounds to consider the AR-15 a military-grade weapon.
At this point, we still only have one firearm feature that allows for a classification of “military-grade”: full-automatic fire, a feature already under intense regulations, regulations that have proven sufficient to keep such weapons from being used to perpetrate crimes.
Thus far we have discussed three features of the AR-15 rifle: semi-auto fire, ammo capacity, and caliber. In each case, I have established that each feature is common, and even sub-par, in most civilian-used firearms over the last century. We are forced to conclude that we cannot use any of these three features to classify the AR-15 as military-grade without likewise classifying most civilian-owned firearms.
So, let’s quickly discuss the three final features of the AR-15 that we’re going to consider: light-weight construction, length, and accessories.
Does Lightweight Construction Make a Weapon “Military-Grade”?
The typical AR-15 uses a lightweight polymer construction. In its early military application, this allowed for several things. First, it lowered the cost of weapon manufacture. Second, it freed up weight in a soldier's basic combat load for other necessities and options, including more ammunition. Third, the polymer construction was better suited for humid climates.
An interesting anecdote from the Vietnam era is the story of the M14. Their wood stocks would often crack in the early years of the Vietnam War. Despite it being arguably the best battle rifle ever made, this specific failure ended up being one of the main factors that led to their replacement by the M16.
However, in the last fifty years, lightweight polymer construction has become a mainstay in the civilian market as well. Some of the most popular pistols on the market, including the Glock and S&W M&P, are predominantly constructed of polymer. Every type of firearm, including shotguns, hunting rifles, and even revolvers, can be purchased with a polymer frame. Females especially purchase and use polymer weapons for recreation and self-defense due to their lightweight.
Maybe in the early days of the military’s adoption of lightweight polymer weapons, an argument could be made for it being a military-grade feature. But polymer weapons have flooded the civilian market over the last fifty years and are now a typical, if not prevalent, feature in civilian firearms.
Does Length Make a Weapon “Military-Grade”?
So, what about length? Unbeknownst to many outside the firearms world, length is probably the most lethal feature in a civilian firearm. Statistics estimate that the United States has averaged around 33,000 firearm-related deaths over the past decade. Two-thirds of those deaths are suicides. Of the remaining deaths, firearm-related homicides, most are perpetrated with handguns. This is because the criminal element is better served by firearms they can easily conceal, both before and after the crime.
The AR-15 is a tactical weapon. This means it can be altered significantly for different applications. While a shortened barrel and butt-stock may decrease an AR-15's effective range, it makes the weapon easier to conceal and more effective in close-quarter situations. The AR-15 can be designed or altered to be extremely short.
The National Firearms Act of 1934 designates such a weapon as a Short-barreled Rifle or SBR. Anyone who purchases or creates a weapon fitted with a butt-stock that has a barrel shorter than 16 inches must register that weapon with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (the ATF). Possession of an SBR that an owner has failed to register is a felony. Moreover, no one can transport an SBR over state lines without filing proper documentation with the ATF. It should be noted that a felony firearm charge is serious business for a gun owner. If convicted, you could lose your right to bear arms permanently.
These regulations have ensured that criminals have largely been unable to use SBRs in their crimes. Most SBR owners have modified their weapons aftermarket and registered them appropriately. Mass shooters have typically used their weapons as they were when they purchased or obtained them. The notable exception is the AR pistol.
Since an SBR definition requires a butt-stock, an AR-15 with its butt-stock removed is legally considered a pistol.
Such weapons have been used very rarely in active shootings. Nevertheless, there’s currently an open debate about whether we should close the AR pistol “loophole” in SBR laws. But this topic is beyond our present discussion. Our focus is on whether the features of the AR-15 can allow for a designation of military-grade.
The danger and lethality of easily concealed weapons factor mainly in civilian use. While the military does use the M4 Carbine with a 14.5-inch barrel, it applies it as a carbine for tactical situations and not for its ability to be concealed.
I’ve often argued that it would make more sense to designate weapons with barrels between 12 and 16 inches as carbines. I don't think a weapon becomes truly a functional SBR until the barrel is shorter than 12-inches.
I handled M4s often in the military, and I would not confidently say that the 5.5-inch difference between an M16 and M4 makes it that much easier to conceal, even with the telescoping butt-stock. It makes a world of difference in close quarters combat, which translates to excellent home defense usage in the civilian world. But concealability? There’s no advantage at all.
So, given that lethality by-way-of length is a specifically civilian application, we cannot consider it a feature that allows a designation of military-grade.
Further, handguns are what law-abiding gun owners carry for self-defense and what criminals typically use to perpetrate crimes. Going singly after the AR-15 for its length options, while leaving handguns alone, would do little to deter firearm violence. And, going after handguns would once more target some of the most prevalent types of civilian-owned firearms.
While the length of long guns is concerning for their lethality in criminal use, current laws already deal with that concern, and there are ongoing debates about updating those laws. Specific to the question of designating the AR-15 itself as military-grade, the options of varying lengths do not meet the threshold.
Do Accessories Make a Weapon “Military-Grade”?
So, what about all the bells and whistles? There are a lot of accessories available for AR-15 style rifles. For the most part, these accessories break down into optics, grips, flashlights, and lasers.
The AR-15 is indeed one of the most versatile weapons for attachments and upgrades. It can be outfitted with various types of attachment rails, the most common of which are Picatinny rails.
However, Picatinny rails and similar attachment points are general innovations in firearm technology. They are far from unique to the AR-15. When it comes to civilian firearms, Picatinny rails have become a standard form of attachment point for optics and other attachment options on most civilian firearms, including pistols, shotguns, and hunting rifles.
Since most AR-15 accessories are designed to attach to Picatinny rails or similar attachment point technology, they can be attached to any weapon likewise equipped. Once more, we're talking about trying to class an AR-15 as military-grade using a feature that more or less every firearm on the civilian market could have.
There Is No Single Feature That Makes an AR-15 “Military-grade”
Alright, so we’ve been through just about every specific feature we can consider when it comes to the AR-15: semi-auto fire, ammo capacity, caliber, light-weight construction, length, and accessories. In each instance, we’ve had to determine that each of these features are standard across all weapon types on the civilian market. So, here’s the major conclusion we are forced to find:
The AR-15 cannot be considered military-grade by way of any single feature. Each major feature of the AR-15 is not only present in other common civilian firearms; they are prevalent. There is no way to classify the AR-15 as military-grade based upon any one of its features without similarly designating the vast majority of civilian firearms.
Does a Combination of Features Make a Weapon “Military-grade”?
But we’re not done yet. Let’s discuss one last recourse for attempting to define the AR-15 as military-grade. What if we try to build a definition of “military-grade” based on a combination of the AR-15's features. After all, this is exactly what the former Federal Assault Weapons ban tried to do with its legal definition of assault weapon.
As students of recent history may recall, the Federal Assault Weapons ban enacted by President Clinton took the route of combining AR-15 features to create a legal definition for an assault weapon. Listeners should note that the term assault weapon exists in legal language only. It has never been considered an actual category of firearms among enthusiasts, developers, historians, in law enforcement, or in the military.
So, let’s take a look at how the Federal Assault Weapons Ban defined an assault weapon and see if it aids in creating a working definition of a military-grade firearm.
The Federal Assault Weapons Ban defined a rifle as an assault weapon if it was 1) a semi-automatic rifle with 2) detachable magazines that had 3) two or more additional features from a list of five features: folding or telescoping stock, pistol grip, bayonet mount, flash hider or threaded barrel, or grenade launcher.
If we adopt the same legal definition that the FAW used for assault weapons as what constitutes a military-grade weapon, then the AR-15 clearly falls into that category. Based on our discussion so far, I’m sure it comes as no surprise when I tell you there are problems with this definition.
As we established earlier, the main aspects of an AR-15 that make it lethal are its semi-automatic capability and its detachable magazines. The additional features required in the definition of an assault weapon amount to little more than aesthetics specifically designed to target typical AR-15 style weapons. But any AR-15 can be modified to eliminate these additional features. Just Google “California Compliant Firearm” and you’ll find a myriad of AR-15 designs that overcome the FAW’s definition of assault weapon.
Some of these firearms are silly, look ridiculous, and many even impact their effective use to a certain point, but most of them maintain the two effective aspects of the AR-15 we’ve discussed: semi-automatic fire and detachable magazines. These firearms frustrate the legal definitions of assault weapons due to their alterations and would escape our attempts to classify them as military-grade if we used the same definition. But, crucially, these weapons are not truly diminished in their function. They are still functioning AR-15 style weapons that ultimately have no diminished lethal capacity.
Clearly, a definition of military-grade crafted on the assault weapon language of the FAW is essentially a hollow definition if the goal is to decrease the level of firepower available to a mass shooter. There is no escaping the facts of the AR-15’s functionality: the main features that make these weapons deadly are semi-automatic fire and detachable magazines. And, as I’ve demonstrated, there is no way to craft a definition of military-grade using those features because they are typical in civilian use over the last century.
An Insurmountable Fact
So, here’s the insurmountable fact of this whole discussion: the AR-15 is little more and little else than the most popular semi-automatic firearm among numerous and plentiful civilian-style semi-automatic firearms. There is not a single feature of an AR-15 nor combination of features that can overcome that fact. No matter the moniker we attempt to apply, whether it’s “military-grade” as we have entertained in this episode, “assault weapon” as the FAW tried, or the other popular definitions such as “weapon of war” or “military-style”, the features of the AR-15 itself are far from unique in the civilian world.
Abandoning All Pretenses
As a final exercise, let’s abandon all pretenses of weapon classification. After all, the AR-15 is indeed the weapon of choice for mass shooters. Let’s entertain the idea of banning the AR-15 specifically based on that fact alone. Surely, that will have some impact, right?
Doubtful. There would still be popular and effective semi-automatic firearms on the market, like the SCAR, ACR, Steyr AUG, AK-47, FN P90, or HK MP5, only to name a few. Sure, many of these guns are far more expensive than the AR-15 and some of them are less reliable, but will something as small as a price tag dissuade a mass shooter? Not likely.
Alright, so let’s say we expand our ban to cover all semi-automatic firearms that are AR-15 style. Now we’ve made a dent, right?
Once again, no. There are many, many battle rifles, carbines, and demilitarized submachine guns on the civilian market, like the M1 Garand, the M1 Carbine, the M14, and civilian variants of the HK G3, FN FAL, and Thompson Submachine Gun. Once again, these weapons are often higher in price, but many of them could actually prove to be more lethal in an active shooter situation than an AR-15, a discomforting thought when mass shooters are unlikely to be dissuaded by a higher price tag.
So, what if we at least just reintroduce the Federal Assault Weapons Ban and just beef it up by specifically banning all AR-15’s, AR-15 style weapons, and any semi-auto originally designed for use by the military? Even that still wouldn’t keep a mass shooter from getting his hands on a weapon with the same capabilities as an AR-15. The Ruger Mini-14 Ranch Rifle was specifically designed as a varmint rifle, and while it has variants designed for military use, it has only seen limited law enforcement action. It is a weapon built from the ground up for use by civilians with a specific civilian application. It’s the big brother of the Ruger 10/22 I mentioned earlier, the one I got when I was a kid.
Built on the same idea as that .22 rifle, it’s beefed up to the .223 round the AR-15 uses. It was designed with ranchers and farmers in mind to take out varmints and critters as small as prairie dogs and as big as coyotes without having to use the much bigger and much higher velocity rounds that most hunting rifles use. The semi-automatic capability is valuable because we’re talking about small fast-moving critters that are gonna run out of sight or jump in a hole before you can reload a single action weapon.
Again, this Mini-14 is designed with no military or police function in mind, and yet in some ways, it’s better than the AR-15. Its design is newer, and its internal workings are far more rugged. It uses what’s called a gas-piston rod, which leads to considerably fewer malfunctions than the AR-15, which utilizes direct-gas impingement. Without getting too nitty-gritty, this means that if you fire an AR-15 one-hundred times, it will likely jam, but if you fire a Mini-14 one-hundred times, it likely won’t.
There Is No Neat Line of Separation Between Military and Civilian Firearms
The reality of the firearms world is there’s no neat line of separation between military and civilian firearms. Throughout the history of firearms, military and civilian innovation have coordinated and fed off of each other’s developments. The idea of a weapon being specifically military-grade does not bear out with the facts. Even the restrictions on full-automatic weapons had more to do with law enforcement being outgunned by criminals in the ’20s and ’30s than it did with any specific “military-grade” weapon classification.
The goal of gun control activists is to push back against the growing occurrence of mass shootings. Their singular focus on firearms, and specifically on the AR-15, does not serve their goal. Mass confiscation of the majority of civilian-owned guns, removing all semi-automatic weapons, would be the minimum needed confiscation to impact the options available to a mass shooter.
Even this draconian, and likely impossible, approach would not remove the threat. The University of Texas tower shooting killed 18 and wound 31. The shooter predominantly used a bolt-action rifle. The D.C. Sniper killed 17 and wounded 10 utilizing an AR-15 variant, but not in a way that maximizes the weapons capabilities. The tactics he utilized would have led to the same results with single-action weapons, possibly with worse results utilizing a gun designed for long-range effectiveness.
Sadly, government gun control is not the sweeping solution most activists think it would be. Many have called for at least a return of the Federal Assault Weapons Ban. But the Columbine Shooting took place when the FAW was in effect, killing 13 and wounding 24. The modern trend of mass shootings began during the FAW and picked up momentum despite its provisions.
What we’re dealing with is a trend that parallels the dramatic increase in suicide, self-radicalization, and endemic anti-social behavior. These conditions lead to behaviors that culminate in violence and death. Removing only one of the many possible means to this inevitable end would solve very little. Crafting pseudo-definitions to justify banning or seizing firearms from law-abiding citizens is not an answer to the problem.
This Isn’t “Gunsplaining” and It Isn’t “Preaching to the Choir”
If you’ve stayed with me up to this point, thanks for going down this rabbit hole with me. I’ve said nothing most firearm enthusiasts don’t already know and, honestly, there are going to be many who just don’t even see the point. In their view, anyone who, at this point, still wants increased gun regulations just isn’t even worth engaging with. Conversely, there’s going to be a lot of people that just roll their eyes at my “gunsplaining” and will disregard my attempts to lay out the facts. They’ll wrap up this entire discussion in a “he’s just a gun nut” bow and move along.
But I think it’s important to keep having these kinds of discussions. First off, I refuse to give up on my fellow Americans, even if they totally disregard and disrespect my perspective. The growing instinct among many Americans to disengage with those they disagree with is a troubling trend that I refuse to take part of.
And secondly, I think it’s important to reassert the importance of highly relevant perspectives. A solid principle of the progressive viewpoint is the idea of “governing according to expert opinion.” There are few on the Left who would craft plumbing laws without consulting plumbing experts, electrical grid guidelines without consulting electricians, fiscal matters without consulting experts in economics, and on and on.
Specific to recent events, the clarion call on the Left has been “follow the science” as they’ve argued to defer to the knowledge of epidemiologists and other scientists in facing the COVID-19 pandemic. And yet, there’s a glaring disconnect in this typical approach to public policy when it comes to firearms.
Because they “just want to do something” in the face of what they feel is a runaway epidemic of gun violence, they are latching onto policy ideas that experts and enthusiasts in the firearm industry can clearly demonstrate will have no meaningful impact, and yet these experts and enthusiasts are wholly disregarded as self-interested “rednecks” who want “big guns to compensate for their insecurities.”
Well, I hope I’ve demonstrated in this podcast that I’m more than just a gun nut clinging to my gun and spitting in the face of all reason. I’m hardly an expert in this topic, yet I’ve still presented what I feel is a very salient and persuasive argument on behalf of my perspective. I hope there a few hearts and minds out there that I’ve touched and, at the very least, some of you might be a little more educated about the reality of firearms.
We Either Have a Right to Bear Arms or We Don’t
At the end of the day, we either have a right to bear arms or we don’t. That’s what this debate always boils down to. That’s the reason why so many proponents of the 2nd Amendment, like myself, refuse to compromise any further, because when the current proposals on the table fail, gun control advocates will only seek to go further. I know that sounds like a slippery slope fallacy, but it’s not.
A slippery slope fallacy posits a domino effect of unconnected consequences. What I’m talking about is a simple consideration of cause and effect. Gun control advocates religiously believe that violence and mass killings can be halted by tightening up the laws regulating the purchase and ownership of firearms. They will continue to advocate for increased regulations, no matter how many victories they have, until they’ve accomplished their goals. And if, as I argue, their proposed laws fail to accomplish their goals, the only inevitable conclusion will be an eventual assault on the very right to bear arms itself.
Now, don’t get me wrong, the 2nd Amendment not only says “shall not be infringed”, it also says “well-regulated”. I have never been against reasonable laws that do not violate the fundamental right to bear arms.
The 2nd Amendment isn’t a free-for-all, as some of my more extreme libertarian friends might view it. But what we currently have is far from a free-for-all. Not only are firearms well-regulated currently, there are many instances where they are highly regulated and several instances where the right to bear arms is indeed infringed, especially in coastal states like California and New York and, tragically, in most of America’s inner-cities where the vast majority of African Americans live.
Well, I better wrap this up now. This is obviously something I’m very passionate about and I could go on and on. As I said, hopefully, I’ve accomplished something with this deep dive. If you have any thoughts, be sure to leave a comment or reach out to me on Facebook or Twitter. Or, you can email me at [email protected]. Oh, and be sure to give a rating of the podcast on your favorite podcast app, and please consider subscribing to the Self-Evident on Substack or Youtube. Until next time, stay free my friends.
Transcript
While the conservative movement has fallen short of the outright civil war that’s often talked about in the media, there are multiple flashpoints that are creating general paralysis in the movement as the various factions of conservative thought try to find a way forward. Even the small and, up until recently, mostly cohesive remnant of conservatives who’ve chosen to stand athwart the nationalist and populist trends in the broader conservative movement are losing themselves in internal squabbles over what to do next.
As a member of that remnant, I have begun pondering many of the major flashpoints of contention. Today, I want to consider the question of putting “prudence over principle” or “prioritizing the important principles” as some have phrased it. This is the choice of whether or not to vote for politicians you don’t much care for or who fail to reflect key aspects of your values in order to oppose those you are very much against.
In 2016, most conservatives were faced with choices they didn’t like. While many conservatives eventually made their peace with Donald Trump’s influence in the movement, the fact that he only received 44.9% of Republican votes in the primary tells us he was not the first choice of a significant majority of the party. But in the general election, he was running against Hillary Clinton.
Additionally, several key issues, such as Supreme Court nominations, softened the initial #NeverTrump impulse that washed over what, at the time, remained a significant portion of the party. By the time November 8th rolled around, most Republicans and conservatives had fully embraced a “lesser of two evils” approach to the election.
As I said earlier, I’m part of a remnant of conservatives that opted out of this “lesser of two evils” thinking. My stance was not only #NeverHillary, not only #NeverTrump, but #NeverTyranny as I was faced with a decision that, I felt, led to an expansion of federal power and intrusion into our liberties no matter who I voted for.
My stance on “prudence over principle” or “prioritizing the important principles” remains the same now as it was back then. I value prudence, but there are limits at which prudence becomes carelessness. Elections are among the most emotional and formational experiences in modern politics. There is no such thing as passive support for a candidate nor a qualified vote in the ballot box, at least not in a functional, meaningful way.
As we have seen with Donald Trump, the election experience and euphoria of victory transforms “lesser evils” into “greater goods.” Passive 2016 support became full-throated 2020 support. Qualified 2016 votes became blank check votes in 2020. Plugged-nosed votes for Trump in 2016 in the name of supporting the values of the Republican platform became a 2020 election effort that was absent a party platform altogether.
So, while prudence suggests there is no such thing as a perfect candidate and that it is wise to make our peace with candidates who do not represent all of our values in order to keep candidates who reflect none of our values out of office, that prudence can easily slip into dangerous imprudence if we compromise too many of our core ideals.
As much as members of the human race like to think of themselves as intellectually consistent, we’re not. We are social creatures subject to the forces of tribalism and conformity as a matter of hardcoded DNA. Things that may seem absurd or crazy when one person does it alone become second nature and compulsory when engaged in by a crowd.
Each one of us is a human being with ingrained impulses that can have us staring in consternation and uncomfortable observation of one person acting alone only to sprint to engage in what was bizarre and silly just moments before as a person becomes a pair, a pair becomes a group, and a group swells to a crowd.
In politics especially, a marginal element of political activists can have all the reason and rational arguments in the world, and people will remain rooted in their place and blissfully separated from “those people” who they will ridicule and mock. But those same people [who deride the lonely but reasoned stand] will sprint to associate themselves with a popular element even if it stands for unhinged, disjointed, and vague ideas and they will staunchly defend “our movement” from even the most well-intentioned and reasoned naysayers.
This is the great danger of negative partisanship that sets aside core principles. When the impetus becomes absolute and unqualified opposition to whoever we deem as our political enemies, when we proceed with an unquestioning view that “the enemy of my enemy is my friend,” we put ourselves at the mercy of forces, crowds, and ideas that will unmoor us from even our most deeply held principles, values, and beliefs. And often, this will occur without even realizing just how far we've drifted from where we thought we stood.
The word principle comes from the Latin principium meaning a beginning or a foundation. For something to be a principle it must be the starting place of our consideration and the foundation upon which our values and beliefs are built. If the place we begin our political considerations is negative partisanship, then the journey and the destination become entirely different. If the foundations we have built upon get shifted to accommodate calculated adjustments of which principles matter when and why, then all our values and beliefs built upon that foundation will collapse.
Principium is further derived from another Latin word: princeps. Princeps means simply “first.” So, if a principle is not placed first in our decisions, deliberations, and actions, it isn’t a principle. If they are placed second, third, fourth, or fifth, they become preferences, inclinations, or sensibilities, still able to be important aspects of our thought process for sure, but far from notions that guide us and moor us.
The importance of having principles and holding to them is that they allow us to counter our human nature. Through calm deliberation and careful thought, the development of principles allows us to decide for ourselves what we believe and what we will stand for. Having principles creates a firewall against the inclinations and impulses of peer pressure, of popular movements, and of our ingrained tribalism.
By setting down our principles, however noble the reasons seem, we are setting ourselves adrift on a sea of human discontent and we will be carried away on whatever tides of populism we place ourselves at the mercy of.
So, what happens after that point?
As I mentioned at the beginning, I belong to a small remnant of conservatives who resisted the impulses of tribalism and tried to stick to their principles in 2016. But I also belong to an even smaller subset of that remnant who recognized that what happened in 2016 wasn’t just the result of some particular failure on the political Right. It was simple human weakness and, in the face of unhinged populism, serially weak political institutions, and general political decay, it has come to pervade the Right, the Left, and the Center.
In the face of Donald Trump’s presidency, many who stood athwart the “lesser of two evils” determination in 2016 changed their political calculus in 2020. They arrived at a conclusion that Donald Trump had come to be an existential threat to democracy in America, and they reasoned that above everything else, they should support, campaign for, and vote for the side that “stood for Democracy” (Democrats) in opposition to the side that “threatened democracy” (Republicans) even if, in so doing, they helped put a party and a movement in power that stood against every other conservative principle. They concluded that Trump and Trumpism were not a typical political “evil” and that the Democrats, and their presidential candidate, weren’t just lesser evils but, indeed, greater goods in the face of the threat that Donald Trump represented.
But, living in a very conservative state and having seen this same thought process play out in 2016, where so many conservatives surveyed Barack Obama’s presidency and Hillary Clinton’s candidacy and arrived at a similar conclusion that another four years of Democratic governance was an existential threat to the Republic (a thought process that turned Donald Trump’s candidacy and presidency from a lesser evil to a greater good), I once again chose to stand athwart what I surmised to be another “lesser of two evils” determination and “Flight 93 Election” justification.
I offered a warning that there was no guarantee Joe Biden would be the moderate “holdover” candidate he campaigned as and that recent political history had demonstrated that both parties had a propensity for claiming sweeping mandates from even the narrowest of victories. I cautioned people that when you start thinking like a partisan you often become a partisan, and that in the flush of victory it would become easy to forget Joe Biden only represented your values and principles in the most limited sense. I told them that if they wanted to fall on the sword to get Trump out of the White House, so be it, but that they would have to hold Biden’s feet to the fire with intense ferocity if they wanted to have any hope at maintaining the efficacy of their conservative witness in the face of a progressive government they had enabled. I asked people to really think carefully about what they were doing, because if our small remnant of principled conservatives became unmoored from the principles we sought to preserve by taking the stances we took in 2016, there would be no one left in the aftermath to rise above the fray and guide conservatism back to the principles, values, and beliefs it has abandoned in the heat of impassioned partisanship.
Unfortunately, I fear these warnings have played out. Having offered support, campaigned for, and voted for a Democratic candidate, a great many non-Trump conservatives have developed blinders to the eccentricities and unhinged direction of the Democratic Party. They offer no quarter to bad faith from Republicans but carry water and offer excuses to bad faith from Democrats. They have come to think like partisans.
Very few of these “Conservatives for Biden” have pivoted to a place of strident objection to the actions of the Biden administration that violate the principles of conservative governance time and time again. Even as Joe Biden has evolved into an activist president seeking the mantle of LBJ and FDR as he openly embarks on a project to usher in a “new progressive era” the passions of my former fellow travelers remain zeroed in on Donald J. Trump and those who refuse to leave his shadow. Despite Trump’s defeat and banishment, they feel that the existential crisis that “threatens democracy” remains in full force and they must stay the course. To the extent they have pivoted away from outright Democrat boosterism, it is towards projects that survey what remains of the Republican Party and the conservative movement and declares “burn it down!”
And, crucially, the brief moment of self-awareness in the aftermath of January 6th went uncapitalized. Even as so many conservatives and Republicans stood in shock that the violent agitators pushing against barricades, assaulting police officers, and driving our elected officials from the Capitol weren’t far-left anarchists and agitators but people calling themselves patriots and engaging in political violence in the name of conservatism, even in the face of this the non-Trump conservatives who chose to fall on their swords to beat Trump were too easily dismissed because the question of how on earth standing for conservative “principles first” led to voting for Joe Biden and Kamala Harris had an answer to difficult to explain effectively to who those who, yes, were horrified at the violence on January 6th but, when looking at the summer of riots, didn’t understand why Trump and Republicans were existential threats but Biden and the Democrats weren’t.
In the vacuum of clear-minded leadership and untainted principle, the lies, the equivocations, the conspiracy theories, and the pleasing rhetoric crept back in and the moment was lost. Donald Trump left the White House in disgrace as Republican leaders denounced his words and inaction while his popularity dipped among Republicans and conservatives to their lowest levels since the 2016 primary. But today, he has regained his footing and is resurging in his influence and power.
Finally, many of those who think of themselves as principled conservatives, even those who have pivoted to criticizing Joe Biden and have moved on towards efforts to revitalize conservatism, are finding it difficult to re-establish their credibility in that project.
The determination to put “principles first” has become hard to square with a past justification that only certain conservative principles were important in last year’s election and that only now are the other ones important once more. This has put people who honestly want to embark on a project to revitalize conservatism in an extremely difficult situation.
It’s just going to come off as prudish and aloof when addressing the anxieties and fears that have led so many conservatives to where they are today and to try and tell them that you’re the principled ones, you’re the ones to lead conservatism to a new dawn, you’re the ones that remain untainted from moral compromise when you’re decision to choose Biden over Trump in a lesser-of-two-evils determination is fundamentally no different than choosing to vote for Trump over Hillary or Biden in a similar determination.
By the time we got to 2020, #NeverTrump and #MAGA had come to be fueled by the same thought process. Having given themselves over to “existential threat” narratives, the choice was made to compromise. The only effective difference is which way the compromise was made. That reality makes claims to be principled while everyone else isn't ring very hollow.
That's a tragedy. And it’s a tragedy that should cause a reassessment of how to proceed. It should cause every non-Trump conservative who wants to see a renewal of truly conservative values to reevaluate what it means to have principles and what those principles demand of us in order for them to continue being principles. This is what I’m trying to do here in this episode. This is why I say the things I say and write the way I write in my newsletters and on social media.
The goals I held when I first started writing an anonymous blog all the way back in 2016 remain the same. I want to preserve and defend conservative principles. I want to renew and revive conservatism in America because the project of American conservatism is to safeguard the founding vision we have inherited, to defend it and enlarge it in our own generation, and to pass it on to the next generation intact and secure as it was passed it on to us. And while prudence demands flexibility and adaptability, the realities of our political moment have demonstrated that the chief concern must be maintaining the efficacy of our political witness.
The serial political decay that surrounds us cannot be voted away at the ballot box, it will not be reversed in our halls of government, and it will not be erased by sending empty messages tainted by partisan politics and maneuvering.
The threat to our republic is not any one man who stumbles into being an avatar for the anxieties and fears that have fueled this moment. The threat is the millions of hearts and minds across the political spectrum who have slowly lost hope in the American experiment and are giving up on the founding vision in the belief that their way of life cannot survive the present trajectory of our country.
The only way to effectively respond to this threat is to showcase straightforward and uncompromised conservative principles. Any project that claims to represent conservative principles must embrace as it’s first and foremost to offer a contrast to the departures from values and moors that the rise of nationalism and populism engenders.
The idea that the vast and overwhelming majority of conservatives who don’t understand the extent to which they have departed from their own principles were going to wake up from their fears and anxieties after the shock of defeat was always a fool’s errand. And in the face of that failure, moving the goalposts to say it was always just about defeating Trump is as dishonest and slimy as anything that came out of the White House during his tenure.
I believe it’s time for this small remnant of conservatism who have tried to stand athwart the rise of nationalism and populism in our movement to be about what our efforts should have always been about. I’ll conclude this podcast episode by speaking directly to them.
Rise above Trump, move beyond Trump, stand for the things we claim to believe in without all of this slick political operative maneuvering and posturing that play right into the hands of those who want so badly dismiss us. Go out there, stand firmly on principle and don’t back down from any fights, but show empathy and compassion for the real pain, fear, and uncertainty that people are facing.
We didn’t get to this place because Trump decided to come down the golden escalator and, in that moment, changed everything. He’s a symptom. Let’s stop treating the symptom and put our efforts towards addressing the root of the problem. Let us seek out our brothers and sisters “from every mountain and every hill, and out of the holes of the rocks.” This republic will be saved one heart and one mind at a time, and we will be able to do so only by the strength and efficacy of our unvarnished and untainted appeal to principle.
So yes, be prudent, be mindful of reality, be cautious of being so strident that we end up alone in some field yelling at clouds, but as you engage in these times that have been so difficult to navigate, be sure to safeguard the most valuable things in your possession...your principles. They are the compass that can guide us through the mist and they are the strength that confound those who stand against us. No election, no politician, no moment of existential crisis is worth surrendering or polluting what, at the end of the day, is the last best hope for the American Republic.
Watch it on Youtube.
Discussing self-evident truths and the tension of views that often leads to them with Saving Elephants host Josh Lewis.
Welcome to the sixth episode of Self-Evident, a podcast about first principles, hosted on Substack along with the Self-Evident Newsletter. In this episode, I was pleased to host my first guest on the podcast, Josh Lewis of Saving Elephants fame.
You can listen to the episode by clicking the play button above or listen on Stitcher, Apple Podcasts, or Spotify. I have also included a transcript of the discussion below.
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Episode Transcript
Me: Hello folks, welcome to the Self-Evident podcast. Today's episode is going to be something a little different. For the first time ever, I'm going to have a guest on the podcast. My good friend Josh Lewis is here with us. He is the host of the Saving Elephants Podcast; he also writes on the Saving Elephants Blog, and he's also contributed to the Liberty Hawk from time to time. So, good to have you here, Josh.
Josh Lewis: It's great to be here. Hey, I feel very honored. I'm the first-time guest on the podcast.
Me: Well, you know I've been on your podcast what, three times? So, I felt like whenever I got around to deciding to have guests, you had to be the first guest. So, I'm pretty excited.
Josh Lewis: We might call it two and a quarter since the third time you were on, you were on there with three others.
Me: I guess that’s true, that’s true. I mean, if you want to bring it down to two and a quarter, then so be it.
(laughter)
Me: So, we're going to try something with my guests, and I'm going to use Josh as my Guinea pig here a little bit. My podcast’s name is Self-Evident. Most people would recognize that as coming from the Declaration of Independence when it says, “We hold these truths to be self-evident that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.” So, even though I talk a lot about the news of the day, I talk a lot about, you know, the political issues in the headlines, this podcast is ultimately about trying to get back to first principles and discovering what is self-evidently true about limited government and about the entire experiment of American governance. So, to start out this conversation, Josh. When you think about what self-evident means or what could be considered self-evident truths or even just what first principles might be, what's the first thing that comes to mind?
Josh Lewis: First thing that comes to mind is exactly what you read, 'cause it's the most famous phrase perhaps in all of American literature, if you will, as we hold these truths to be self-evident. Now, that being said, it being the first thing that comes to mind, I am a chronic overthinker, and sometimes you know I think through this is like well is that self-evident 'cause there's a whole heck of a lot of people it doesn't seem to be self-evident, you know, in their world. Let me start off by saying this: I believe the statement is true, right? I absolutely believe we are created equal that we are endowed with certain rights. I think that the big three, life, liberty, the pursuit of happiness, is a good way to summarize it. Is it self-evident? When I think of self-evident, I think of something like 2 + 2 = 4 or the famous “I think therefore I am.” You know, it's hard for me to doubt my own existence because there has to be a non-doubting that they exist. And again, maybe I'm overthinking this, and if I am, please let me know, but I guess that's where I'm trying to bridge the gap of how much of these truths that we hold as Americans are truly self-evident or what allows us to base our purpose as a nation on these truths.
Me: You know, and it's something that I've always wrestled with as well, 'cause I mean, my first love is history and then I kind of branched out from there and even though, you know, I agree with you, I totally agree with Jefferson’s statement, but for these things being self-evident, it's kind of interesting that in a lot of ways, that moment in time was a radical departure from the norm in history. The idea that people have rights and that, you know, the government isn't just there to allow those who are in power to rule, you know? So, how do we reconcile that reality? Can these truths be self-evident if they haven't been the norm in human society? Or, was Jefferson and the founding generation rediscovering something that had been lost along the way?
Josh Lewis: I think the question you just asked is what I would call conservatism. And I have no succinct answer to it. I really don't. And Justin, I think I'm not telling you anything you don't know here. I think between the two of us, you would be more Jeffersonian than I am. I think he was an incredible thinker, eloquent writer. I think he hit on some very valuable truths that's worth debating [and] discussing today. How do you reconcile that is hard. And, it's hard because I think sometimes the temptation from a classical liberal, say, framework, and I support classical liberalism, but I think sometimes the temptation is to try to say, well, this is something that's formulaic, right? This is something that is not only discernible and understandable to all people at all times, and it's completely reasonable, but it's something that we can document in a manner that's just from A-Z. We understand this thing completely. And I tend to be way more skeptical of that. Somehow, in the United States, I wouldn't necessarily say just through accident, but probably through a combination of accident and providential grace, we stumbled upon what Jefferson refers to as self-evident truths. This idea of equality. I don't mean that as the Left means it, of equal outcomes. But the idea that there's something about human nature that we are no greater or less than one another just by the raw material of what we are as humans, that from that we can derive all sorts of notions of duties and rights. And what is the purpose and the justice of a just society, of civil society? This is in my mind quite a group effort that really stretches over thousands of years in Western civilization, and I'm uncomfortable saying there's any one thinker or any one document that had it all right, but it was a very laborious, difficult trial by error that, to be honest with you, we still don't have completely right. We're still trying to figure out how to do this, and I think part of the problem is here, and this is a matter I suppose we would agree, we are a fallen creature. We're imperfectible, and we're trying to figure out how to fit the square peg in a round hole of how do we establish, you know, perfect justice, perfect truth on this Earth, and I don't know that we'll ever get there, but I think the struggle in that direction is what allows for these truths to be born out.
Me: Not to segue too quickly away from the topic that we started with, but you mentioned, you know, I'm definitely more Jeffersonian. You, not quite as much. Which of the founders would you say you associate with the most? My guess would be Adams or Hamilton?
Josh Lewis: (laughter) Yeah, yeah, you picked the big two I think I would throw in, I'm probably a trifecta: Adams, Hamilton, and Madison. I love Hamilton. Of the three, to be completely honest with you, If I put it on my purist conservative lens, Hamilton is probably the odd fit there. But he's just sort of dark enough and realistic enough that it kind of fits my kind of pessimistic nature at times, like sometimes you kind of need, you know, the wise guys in charge, sort of running the show. But you're right. It's more Adams and the Madisonian model I would look to.
Me: Yeah, the HBO miniseries John Adams is one of my favorites, not only because it really does a good job of showing who Adams really was, but they did such a good job of finding actors to represent all of the different Founding Fathers in ways that I really, really enjoy.
Josh Lewis: Yeah, and Adams, I think, was a terrible president.
Me: Yeah.
Josh Lewis: He did some good things and was an amazing thinker, and I think I've read somewhere he wrote more than all of the other founders maybe combined, or at least pretty close to it.
Me: Well, I think Adams’ problem as a president was he thought his job was to govern in deference to so many other forces, especially Congress.
Josh Lewis: Uh-huh.
Me: I think, I mean, especially the Alien and Sedition Acts comes to mind because he wrote many, many times that he felt like they were wrong. But he felt like it wasn’t his place as President to veto a bill that was so supported by a majority of Congress. So, I think, if anything, Adams was part of the Presidency finding its place.
Josh Lewis: Yeah, and I would go one step further and, again, I'm a huge fan of Adams, [but] I don't think he had the temperament to be president. I, you know, if you look at Washington or Jefferson, they had a sort of stately mannerism about them, whereas Adams kept, I’m blanking on the name, the Hamilton book. It will come to me in a second. Ron Chernow. There we go. The historian Ron Chernow that wrote the definitive biography of Hamilton in a lot of ways, refers to Adams as a man who has an encyclopedic memory for slights. I thought that was just hilarious that he could not hardly forget when someone had wronged him or harmed him in some way.
Me: Well, I think you could almost say that most everything that Adams accomplished that was very good, he had Franklin whispering in his ear at some point, tempering down his short man syndrome.
Josh Lewis: Well, Franklin was known for his eccentricities also.
Me: (laughter) Oh yeah, yeah, just different kinds of eccentricity. Well, I guess back to the original question. I think there today are a lot of conservatives that view the founding as a genesis, that the Constitution, the Declaration, that's where all of the things that we believe in begin. And then they kind of look at politics as a scramble to try to get back to that near-perfect moment. But then you have on the other side of the equation, people on the Left who look at it as, you know, this murky beginning, the first amphibian crawling from the muck, and we have to build on it but looking back to it doesn't really, it's not really beneficial a whole lot. I think you probably agree with me that neither of those ways of looking at the founding is probably correct or healthy. So, what's your view? Where is the cross-section between those views?
Josh Lewis: Yeah, I often say that conservatism is, well, conservatism is a lot of things, but one of the things that it is is the ability to hold ideas In tension. Not contradiction but in tension. And, I think both of those two views certainly have truth to it. And, I think if you hold either of those two views, you can look at the historical record and find, you know, let's take the first one, for instance. Conservatives, I think, will rightly say we need more limited government if we could just get back on the path of how the Founders had originally set this up. In terms of statecraft, say, in terms of this sort of notion of a citizen legislature that we're getting back to first principles, that we really took a wrong turn, you know, we could pick any moment history, but oftentimes conservatives will pick FDR, or maybe the neocons will say LBJ, where the feds were getting a little too involved in our lives. And that has brought some good things with it, federal intervention, but it also brought a lot of problems and complexities to our society. And so too, I would also agree with the progressive view that you can trace a sort of a barbarism, if you will, from most of human history, on up through the enlightenment period, on up through the United States. And there's a sense of progress. There's a sense of industrialization. There's a sense of the civilization, in effect Western, what we think of today. And I really think the truth is somewhere in between those two. I don't think humans truly progress in the same [way], that we're not actually made out of better stuff than, say, our ancestors, but that civilization itself does have a progressing influence, say, maybe working within generations. I don't know if I'm answering your question or not. Am I getting a little far afield of it?
Me: Oh no, I guess the best way to ask the question is, right now, we kind of have a 1776 versus 1619 moment where the founding is almost held up by some conservatives as this penultimate moment in human history. I'm not saying I necessarily disagree with that because I do believe that the founders were wise men. I believe they were raised up by God for the purpose that they accomplished. But a lot of people who call themselves conservative don't have an understanding of their philosophical heritage beyond the founding.
Josh Lewis: Right.
Me: You and I have talked before about how, you know, you kind of trace your roots to Burke. I kind of trace my roots to Locke, but we find agreement in the founding moment and what came out of it. And then we can even go further back. I mean, a lot [of what we’re] even talking [about], we're approaching upon themes that go all the way back to Plato. You know, what is a just society? And a lot of people on the right, right now, don't have that sense. They don't. And they've gotten so lost in the weeds. They don't even really understand what the underlying principles of the founding were in some cases. And so, we have this 1776 project which I believe could have had a lot of beneficial things, but because it was built by all these different voices and forces that don't really have that intellectual grounding, Biden and others were able to dismiss it, fairly easily. But then on the other hand of the coin you have this 1619 project that is essentially arguing that the original founding was when slaves were first brought to the country and that the 1776 founding was not as pure as some people would consider it to be, because they neither lived up to those principles before, during, or afterwards. And so, I guess people like me and you that don't agree with either of these dueling arguments necessarily, where do we find ourselves within that dynamic? How do we project what we believe and how do we, you know, assert that there are self-evident truths, what those self-evident truths are, and how do we champion them?
Josh Lewis: There's a lot there.
Me: I know, there is.
Josh Lewis: I think the 1776 project, and I agree with the premise, but I think it suffers from the same problem that almost everything on the Right today suffers from, which is much of it is just reactionary. Which, weirdly, is the problem, I think, much of the Left suffers from, other than I disagree with much of the Left, is that it's also reactionary against whatever the Right’s doing. You know, occasionally you read a book like Frank Meyer, for instance, who you, Justin, pointed me to and thank you for that.
Me: No worries.
Josh Lewis: Or Russell Kirk where they’ll try to distill down, well, what are these core principles that you will recognize? There's a lot within the conservative world, that there's a lot of disagreement or tension held in there, but what exactly is the common themes that keep us together? And it occurs to me, one of the things that show up often is sort of a revere of the Founding Era and the Founding Fathers in those ideas. Now that can take on a lot of different flavors, and you're absolutely right. I think there's something very problematic, not only wrong but something very dangerous or problematic where if what we're doing is sort of, what is the phrase of Parks and Rec Ron, oh, good grief, my mind is blanking on who is the main character from Parks and Rec Ron...
Me: Oh, Ron Swanson.
Josh Lewis: Thank you.
Me: OK.
Josh Lewis: I don't know why I'm blanking on that.
Me: No worries.
Josh Lewis: Where that phrase he says, and you'll see this sometimes on memes on Twitter, “History began in 1776, everything before that was a mistake.” I think that's sort of how oftentimes bumper sticker conservatism presents itself these days, [is] this is the golden era we start with, where in reality I think if we just reflect about it for a moment, something had to happen before 1776 to even get us to that point. I mean, if you know just anything about the Founders, they were drawing on a wealth of Western civilization literature to get there, and quite frankly, drawing from people like Rousseau and some other Enlightenment thinkers, I was like, well, they mostly got stuff wrong, but they were able to benefit from even some of those wrong teaching sometimes. So, I think, and maybe this is kind of repeating what I was saying earlier, I think it's necessary to hold thing's in tension. 1619 is truth. Or, at least there's elements of truth to it, and I think we're very wrong, or it's very problematic if we start our view that 1776 is all there is to say about America and that we deny the fact there was anything wrong. Or maybe better put, oftentimes what they'll do is, we'll say, 1776 was kind of, in some metaphysical sense, perfect. And then we acknowledge the problem of slavery, but with something that happens afterwards rather than these things existed simultaneously. Now what I would say as a conservative, I think we need to be careful of is, while there is room to critique the Founding and while there is room in a certain sense to say improve upon that model, in reality, what conservatives are trying to do is saying these are timeless principles the Founders were elevating to the conversation. This is not sort of the starting point, and that from here, we develop new principles, or we come up with new values or new virtues that were previously undiscovered. Now that's not the same as saying things like abolishing slavery. The Emancipation Proclamation was a huge step forward for the country, but that wasn't a new principle. That was the application of an old principle that the Founders just failed to realize. And I think for me, oftentimes, that's what as a conservative it means to say the 1776 project is the more correct view, is that this is where we took a leap forward. This is where we happened upon, again, accidentally or providentially, possibly a combination of the two, what I would say are still today not only true principles, but are no less true today than they were in 1776, and they will be no less true hundreds of years from now. And that what we as Americans can do is to continue to try to build upon those principles.
Me: OK, now, I'm going to ask a loaded question because I know you're more on one side of the coin, and I'm more than on the other. Are self-evident truths more to be found in prescription or reason?
Josh Lewis: (laughs) Prescription, but again it's a tension, right? It has to be a little of each. You know, it's interesting these days because I think sometimes there's a certain quarter of the Right, the name that's coming to mind is Ben Shapiro. You know, he's famous for his catchphrase, “Facts don't care about your feelings.” And the Left does this too. I mean, they practically worship science sometimes, in the way they speak, but there's almost this competition between the Left and the Right that, “We have the facts, you guys are the ones who are mistaken, we’re the reasonable people, right? We're the ones who lead by reason, by facts, by science. Not just a squishy sort of internal stick your finger in the wind. Here is where we want things to go.”
Me: Uh-huh.
Josh Lewis: What's weird is if you go back to the enlightenment period, it was really, you know, the old, the Burkean model, say, was not anti-reason. Now from a certain lens, I think you can read Burke as if he's almost anti-reason. He was certainly very skeptical of our ability to apply reason. What he was was very, I say, he was very cautious about how far does reason get us. And prescription, which is really a really hard concept for me to define. I've never found, like, a succinct way of saying this, but it's almost a more, say, evolutionary process. I don't mean that in the secular Darwinian sense necessarily, but sort of Burke wanted to craft a scenario where, via the stream of virtue, say, that we hold to these principles and that we allow for the trust that providentially we can stumble upon the truth. But that if we try to do it from a purely rational framework that it is, in a sense, denying our fallibility as humans. Now, neither of these are completely true, right? In a completely exhaustive sense, I would not say that reason has no place. It absolutely has a place. I mean, why would the good Lord endow us with reason if he doesn't intend for us to use it to, you know, to butcher a familiar quote. But I guess if I'm having to hold these things in tension, I would come out more on the side of prescription.
Me: Oh, and I, and even though we're on different sides of the coin, we're not very far from each other because we both agree on that principle of tension.
Josh Lewis: We share the same coin. Some people want to throw the whole coin away.
Me: Right, exactly. In fact, I've long talked about how one of the big differences between the American Revolution and the French Revolution was, even though the American founding created something new, they did so based on solid foundations found throughout history, from the Greeks from the Romans from all the different Enlightenment thinkers, and they actually built a lot on English common law, even though they were leaving England. Whereas the French Revolution, they kind of tried to do something entirely new without taking into consideration the realities of human nature, and it didn't turn out...as good as it could have, we’ll say that much.
Josh Lewis: I was gonna add to it, my hesitancy with, say, reason, with the other side of the coin, while I am very much pro-reason and I think that it's right, is sometimes the Left can take reason and run with it. Because the danger you can have with reason is you can assume that reason gets you as far as you need to, and therefore you can chuck everything behind that's come before you. In other words, you step outside this notion that we're fallible humans. Sometimes what the Left will do is they actually elevate those who are younger and less experienced because they're not tainted by the traditions of our broken, terrible, awful culture that we're just all trying to get out of. Now, I know you well enough just to know you don't subscribe to that idea at all. I'm not in any way accusing you of that. What I'm suggesting is that this is where I hold that kind of tension, as I recognize that while it is truthful that going too far down that road can play into sort of a Leftist framework.
Me: Yeah, and we actually have talked about this before about how certain segments of libertarianism have so thoroughly abandoned the mooring notions of tradition that they've actually morphed to the Left, even though they might not realize it.
Josh Lewis: Yeah.
Me: And, I think that, you know, we've talked a lot about how one of the difficulties of the Republican Party, of the conservative movement, is that after the Soviet Union fell, anti-communism was no longer holding together these two notions in tension and that a lot of libertarians and a lot of more traditionalist type conservatives have gone their own separate ways. And now, they're no longer holding each other together in healthy ways.
Josh Lewis: Yeah.
Me: So, I think it's important for people like me, people like you to demonstrate, you know, hey, we might have different flavors to how we think, you might lean different ways, but we're in this project together, and it needs to be more that way. You know that I'm a huge advocate of fusionism, so...
Josh Lewis: Yeah.
Me: So, I guess going back to our discussion of, you know, self-evident truths [and] what they are, do you see Burke as kind of your genesis of political philosophy? Do you go beyond Burke, further back? Do you recognize that there's more there, but you just haven't delved into it? What’s, kind of, your thoughts there?
Josh Lewis: That one. (laughing) Yeah, I haven't exactly read everything Plato's written, hardly anything. I would, you know, I have strayed away from using the phrase, I used to say this all the time, that Burke was the “father of modern conservatism.” Usually, when we say modern, we think of 1950s onward, I actually mean the last several centuries. Yuval Levin, he has more conservative intellectual know-how in his little finger than I do in my entire body. He straight up says that Burke is not the father of conservatism, that Burke would actually object to this phrase, and I think that it's probably a more healthy way to look at it, that this is something that these are truths that Burke did not develop. All he was doing was articulating something that was already there. Now, I personally often will call myself, say, a Burkean-Kirkian conservative. Russell Kirk, being because that's sort of the American variety, say of this. While I’ll still acknowledge, I think that conservatism is incomplete with just those two individuals. What I often mean by that is that Edmund Burke, for me, articulated and wrote down these principles and pulled together these truths of the past in a way that, prior to [him], say, you couldn't get just in one individual. And I don't mean that the truth is contained within Burke, say, but he did so better than anyone else I know of who came before him. And so that's kind of what I mean by Burke would be my founder, in a sense. I certainly hope that the more I delve into this, the broader I can...I'm actually currently reading through a lot of Leo Strauss’s works, though sometimes he was critical of Burke. It's difficult, Strauss was German, and Burke was English, so I kind of made a joke: It's like the difference between reading Dietrich Bonhoffer [and] CS Lewis. You know, Lewis, with Lewis and Burke, you feel like you're in a [room] smoking a cigar and in front of a warm fire in [the] English countryside. With Bon Hoffer and Strauss, it’s very German. It's exhausting. It's very matter of fact. But in reading him and reading Strauss, it's like this is a, I don't know if I'm gonna be able to capture this or not, but this is a completely different stream of thought that in some way feeds into the same river that we're all kind of swimming in, and that's, and I'm not, I am a Burkean, you know, I'm not Straussian. But I hold my Straussian brothers, say, in very high regard. I, you know, when it's in a certain sense, I would say Lockean classical liberalism could be viewed as part of the same stream, and so, just, it's hard to describe these things 'cause they’re in tension. And it is kind of our starting point where we put a stake in the ground, say, you know, I don't have the ability to comprehend all of reality, but here is something, some text, some individual, some founder that I can recognize that helps me navigate this thing so that I can swim in this greater ocean.
Me: You know, I agree, actually. Right now, I am taking a political philosophy class, and I'm having to read through Plato's Republic. Very difficult considering it was translated from Greek and it's thousands of years old. And there's a lot of things within Plato's Republic that initially, I recoil at. I'm like, whoa, you know, some people even argue that Plato gave philosophical permission thousands of years later for totalitarianism, for even communism, and things like that, but my professor kind of said something that put things a little more in context for me. He, and it kind of is related to your idea of a river and things flowing into that river. He said, you know, if you look at history as a string movement, or, you know, as a symphony, and at different periods of history, there are going to be crescendos that help guide the movement. Because people are connected to their times, not everything that they say is going to be 100% of value, but they help nudge us in a better direction. And he said Plato was a good place to start because he was essentially the earliest political philosopher and his whole goal was to...how do we create a just society? What is justice? How do we find that? And then the people that followed him took up that question. And I guess as I look at all of this and as I've learned more about this, I'm growing concerned that there are certain efforts, temporary efforts that look back at these things that we might call crescendos, and instead of taking what is of value from those moments, they want to discredit those moments entirely because of the negative things that accompanied it. And I guess that's my big problem with the tension between the 1776 project and the 1619 project is, it takes this great injustice, slavery, something that has existed from the foundations of humanity, something that was written about in our earliest documents in history as, “well this is normal, this has been around for a while.” And then they try to discredit something that was new and tried to make things better and ultimately allowed for us to move beyond slavery, you know. And so, they're essentially saying, oh, slavery discredits the American Founding, 1619 is the real founding in these things. And to me, it's like, well, how do we proceed forward in trying to find justice, trying to find freedom, trying to find the best way to govern a society, if we can no longer look backwards and find what's good because it's all discredited by what we consider as discrediting and terrible and bad?
Josh Lewis: Yeah, and so much of what you're saying, it touches on, say, I’ll invoke his name again, a Burkean model, say, of change, right? It's, what is the value of the past? Is it something we build upon? Is it all wrong? Like, how do we progress as a species? And I think there's a certain faith, say, and I mean that in a very literal sense, a certain faith, on a progressive path or a Leftist notion of reality that humanity is always advancing, and that therefore we're actually furthering that process the more we can, even if it's in a civil sense, deconstruct what came before us. Whereas a conservative has a very, very different view of that. It's not whitewashing the past, it's not even, you know, I’ll even go further than that [with the] 1619 project. Because, what you said is absolutely true, and it is a common critique, say of the Right toward the Left, in the United States anyways, to point out rightly that slavery existed, and every civilization that we know of and every period of time that we know of, really the only question was whether or not one civilization or nation or people were stronger than the other. And that, it's incomplete to just tell the story that this happens in the United States because the real story is it was Western civilization, largely the Anglophile, the English-speaking people that eliminated this horrible blight on humanity. And that is true. But there are also other things that are true about it, which is there are different versions and flavors and severity of slavery. I'm not saying that some slavery is OK and others [aren’t], but I do think it's also incumbent upon us to recognize that sometimes things are more evil or barbaric, that in the United States, in particular, we have, more so than other parts of the world and other times, slavery can be a problem between races, right? White versus black to the point that in the South there was that slavery was equipped and fueled by this idea of racism, but there's actually something superior about those of us who are white versus those who are black. There's a difference in the sort of barbarism and tasks that come with slavery pre or post cotton gin. You know, or when slaves were allowed to be brought to the continent versus when the, fortunately, the founders at least had the foresight, say, well, let's at least stop any more from coming here and have the very wrong idea that eventually this will just go away, right? Eventually, we're going to kind of evolve our way out of this, and unfortunately [they] couldn't foresee inventions like Eli Whitney and the cotton gin, which just kept it going. Anyway, the point being, I think there's a temptation on both sides. One is to paint the picture as all dark, all black in the past, and that we’re constantly progressing forward, but the other is too literally white-wash, and I realize I'm using terms like black and white-wash, I don't mean that in a racial sense, to make the past look better than it actually was, and to kind of swallow it up in this “all people have done wrong things at all times and hey, look at us. We actually got this one right.” And that is true and worth celebrating. But I think it's also true that there's a particular uniquely American ugliness to slavery that it's hard to see how we progress beyond this if we're unwilling to acknowledge that, and I think sometimes it's honestly a conversation the Right is very uncomfortable having.
Me: Yeah. I mean, in fact, I've actually had interesting conversations in the past about whether eliminating the slave trade without eliminating slavery possibly compounded the problem because, now it made slaves a greater commodity, and the South had to create a rationalization for allowing generational slavery. And it allowed it to be more connected into race and a lower sense of humanity. You know, 'cause if you go before the Revolutionary War, you know, you go into the traditions of slavery in Roman and Greek society, and a slave was just a certain level of class that you could rise from. You know, and that is one of the problems in America is that we made it generational. We made it so that you cannot rise from this. And the effects of that have lingered to the present day. And, of course, you know, then there's the whole discussion of, OK, how do we bring things back into balance without pushing it out of balance further the other way?
Josh Lewis: Well, and it's interesting you say that because I think, you and I, if we were setting in a, say, coffee shop in 1776, we're having this conversation, right, and we've just declared independence with Great Britain. Or, maybe afterwards, we’ve won the war. We're trying to figure [this] out. We don't hold any political power, but we’re having this conversation [about] where should we go from here? And we both acknowledge that slavery is wrong. It would also seem like a radical opinion to suggest a course that we now know killed 600,000 Americans to eventually put this back together, and that is not in any way to say slavery was OK or that we ought not to with an equal breath of revering the Founders, hold some of those responsible who were unwilling to take a stronger stance in trying to abolish slavery. But I think that's part of the problem, is when you have a distorted view of history, either from making things look too good or too bad, it makes it difficult to truly appreciate what were the actual facts on the ground. What were they trying to do? Because I think you can see a lot of instances in which even the Founders that held slaves were trying to find ways to set it up so that eventually this could eventually just fade. They didn't want hundreds of thousands of dead Americans, which, sadly, is what it ultimately took. They just wanted this to sort of peaceably, eventually, kind of make its way out. And I'm sure there were some Founders that would have been fine it for the rest of their lives, you know, slavery existed just as it did. But I think that's kind of where it's a complicated story, and I think we try to simplify it to our peril.
Me: Yeah, wrestling with difficult facts is difficult.
Josh Lewis: Yeah.
Me: I've often posed the question, and there's not an easy answer: Could the North have beat the South pre-Industrial Revolution?
Josh Lewis: Well, that is interesting, 'cause in the election of 1800, there was actually some talk in the North of seceding from the Union, which is weirdly hilarious when you think about our history. It might have been an interesting question, could the South have kept the North in? '
Me: ‘Cause, I mean, you know, if more Founders had put their foot down on the slave issue and forced the conflict to a head. How could that have turned out? I mean, there's no easy [answer] to that, but it's an interesting thing to think about. In a lot of ways, by the time we got around to Abraham Lincoln, by the time we got to that point in American history, the North had progressed so much more than the South, and it allowed us to have that outcome, and who knows if that outcome would have been as beneficial moving forward if that conflict had begun at any point in history before that. I don't know.
Josh Lewis: It is an interesting question. I mean, the traditional response that's given as to why, say, the Constitution is written the way it is, why it contains some overt, very offensive racist ideas within it is because that is what was necessary, or at least believed to be necessary, in order to form the Union. Is that true? I don't know. I mean, I'm sure there's enough constitutional historians out there who could probably definitively answer that question. But it's an interesting thought experiment. What would have transpired had the Union never formed? Would we have had two separate countries? And if so, does that mean slavery ultimately was never going to be abolished in the South? None of this, of course, answers the question [of] whether or not what those individuals did was right. It's just, it's interesting to think. It's amazing how difficult it actually was to rid the world of something that, in reality slavery still exists, just not like it once did, but to rid the world of something that today, it's just...you would be hard-pressed to find someone who thought that was OK, that there was a time we actually enslaved people in this country. That's just such a revolting, abhorrent thought to us. And yet, how much it cost in blood and treasure to get to the point we are today.
Me: Yeah. So, I guess my final question that we can discuss a little bit before wrapping things up, going back to the tension between the 1776 and the 1619 ideas: [are] the truths, is the path forward to be found in finding the tension between 1776 and 1619 or is it to be found just in understanding 1776 as it actually happened? You know, for better or worse, the Founders had to choose their priorities, you know, and they don't come out and address it within the musical, Hamilton, but it's there because Hamilton is close friends with an avowed abolitionist, and he seems to be an ally of abolition for a good portion of the play, but then, the musical, sorry, gotta be correct, it's a musical, not a play, but then near the end, you know, I can't remember at what point off the top of my head, but someone tries to remind Hamilton of that, of his support of that abolitionist who died and wasn't able to see his vision [come true] and Hamilton kind of just brushes it aside and says, we have other things to focus on right now, you know? So, I guess that’s my question is, is the path forward finding a place where both the 1619 project and the idea of the 1776 project should be allowed to, you know, go and then find the tension between those two different things, or is it just more about properly understanding what happened in 1776, what happened in 1787, you know, what happened in the founding period?
Josh Lewis: Well, and again, I'd say it's maybe a little of both. You know what I was saying earlier is, as a conservative, I would say that 1776, the value of that is that is we stumbled upon or providentially were provided some principles that we can still uphold to this day. Principles that ultimately allowed us to, you know, got us to the point of the Emancipation Proclamation. I think the value of 1619 is more an awareness of the darkness of our past. I don't think that these things are held in tension in the sense that there, somehow in between them, is the correct course of action. And part of which, I'm being a little hesitant, because part of what you're getting at is, or at least what I'm hearing, is kind of this notion of prudence and trade-off. And, this is again, a conservative, not necessarily a progressive vision, and that, I think it was Thomas Sowell that said, “The Left looks for solutions, the Right looks for trade-offs.” Now from a certain perspective, neither of those are right or wrong positions. They’re just different. But I think there is missing in this era this kind of, the wisdom and the courage that is necessary to understand the moment we're in and where to go from there. And in giving you such a highbrow answer, such a pie in the sky answer, I know that I'm not being very specific. Although granted, this question wasn't extremely specific either, but I think this is something that you know harkening back to Burke, and this isn't a direct quote, but just sort of a combination of some things that are written was kind of this notion that what was needed in their moment. You think about that Burke was around this era, right? Around the American Revolution, the French Revolution. In a certain degree, these were new revolutionary moments, and I think most statesmen recognized, here is something that has never happened before. And I think, and I'm not trying to elevate the moment we live in, but I think you'll know what I mean when I say there's a certain sense in the air that we're in this ground shifting moment. Not the same as the American Revolution, say, but the sort of post-World War Two, post-Cold War, maybe post-fusionism moment of where do we go from here. And history is extremely valuable, but unfortunately, it's also extremely limited because we're not going to be able to find in the pages of history the solution for our exact moment. We might get partway there. What's really needed is prudence and wisdom. And the unfortunate understanding that we're going to get this wrong. Not all the time, not exhaustively, but we’re not going to have the correct answer all the time, just as those Founders didn't know how do we actually abolish slavery, those who wanted to. And I'm not saying Hamilton was justifiable, say, in sort of saying it's not that big a deal, but you have to pick your priorities, and you have to recognize that in so doing, there are tradeoffs, and they can be very painful sometimes.
Me: Yeah. I would add that a big part of moving forward is having the difficult conversations, breaching the difficult topics the way that we have done today. And you're right. Sometimes these discussions can be painful. Both me and you look at the founding generation, you know, as great wise men, we have put them on the pedestal and arguably, you know, for good reason. But it's important to recognize their humanity, to grapple with their difficult decisions, and possibly to discuss when we might need to make small corrections. You know, you look at the founding generation. They were making corrections to the Constitution within 10 or 20 years because they were trying to improve upon what they had created. But I think it's important to do that within the vision of what the overall goal is. Did you have any final points or anything you'd like to talk about here at the end of this wonderful, wonderful episode?
Josh Lewis: I have never known how to answer that question, to be honest. So not necessarily, not necessarily. I'll just say again, I am thrilled and very honored I would be your first guest on the show, and I hope it was a good experience for you such that you will have other guests on.
Me: Perfect, well, hopefully, we'll have you again. You know, before too much longer because I've always really liked our conversations. I think that the tension of our viewpoints really leads to excellent places.
The last place the Title of Liberty belongs is above the angry voices of an insurrectionist mob.
Welcome to the fifth episode of Self-Evident, a podcast about first principles, hosted on Substack along with the Self-Evident Newsletter.
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Episode Transcript
Hello folks, welcome to the Self-Evident podcast. This is the first episode on this side of January 6th. There’s just so much to say about what happened, what led to it happening, and what comes next. I have a lot to say and a lot to write, but with school started up again I have very little time. So, I thought I’d start out with my biggest issue first, here in podcast form, and then move on to other issues in article form in the near future.
Last October, I wrote an open letter to Senator Mike Lee about Captain Moroni, a Book of Mormon military leader he had compared Donald Trump to at a rally in Arizona. In light of what appears to be Latter-day Saints involved in the insurrection at the US Capitol, who took Mike Lee at his word by hoisting what we Latter-day Saints call a Title of Liberty over the heads of the mob, I thought I’d address a few points of Latter-day Saint culture, imagery, scripture, and history to put that terrible image in context and offer my view of how just how backwards all of this is.
Before I begin though, let me just say that I am not speaking on behalf of my church but simply offering my view and understanding of history and scripture. The Church of Jesus Christ of Latter-day Saints is officially politically neutral, rarely speaks out on matters of political concern, and encourages its members to be involved in their government as their consciences dictate.
Captain Moroni
Now, for those unfamiliar with Latter-day Saint scripture, Captain Moroni is one the most beloved figures from a book of scripture we believe tells the story of a Christian nation in ancient America. He was a strong and passionate leader who stoically defended the Nephite nation from enemies both within and without. He is often compared to Gideon and Joshua from the Old Testament.
Of Captain Moroni, Mormon (who we believe to be the author of the record, and therefore its namesake) said, “If all men had been, and were, and ever would be, like unto Moroni, behold, the very powers of hell would have been shaken forever; yea, the devil would never have power over the hearts of the children of men.”
Needless to say, Captain Moroni holds a special place in the hearts of Latter-day Saints, especially those of us who have served in the military or in law enforcement. Captain Moroni, along with another group of righteous warriors found in our scriptures known as the Sons of Helaman or Stripling Warriors, provide a spiritual and philosophical groundwork for being Warrior Saints within the Latter-day Saint tradition.
Because we operate with a lay clergy, many of our leaders, especially those of the greatest generation, have served in the military, including those we consider prophets and apostles. I was often met with surprise but respect during my own military service that my piety was accompanied by a strong commitment to the mission of a soldier. The idea of a Christian soldier is not unique to the Latter-day Saint tradition, but it is uniquely intense for those of us who step forward to serve and peculiarly specific in what values and ideals we step forward to protect: liberty, justice, and free society.
The Title of Liberty
According to the Book of Mormon, the Nephites were not only an ancient American society of Christians, they also formed a republican form of government. Several times during the lifetime of Captain Moroni, the Nephite nation faced internal rebellion from groups who wanted to replace the republic with a monarchy and raise up a king.
During one such rebellion, Captain Moroni rent his coat and made it into a flag, writing a message that he called the Title of Liberty. He went forth with this title and rallied his countrymen to the defense of their republic and the uprising was defeated. The words of the Title of Liberty are sacred to Latter-day Saints, especially those of us who have served in uniform, and are carried on pieces of cloth in the pockets of our uniforms, hung on barrack walls, and have even been flown from flag poles in Utah in times of strife for the American Republic, such as after the 9/11 attacks.
The Title of Liberty reads as follows: “In memory of our God, our religion, and freedom, and our peace, our wives, and our children.”
These are simple words, but they fill Latter-day Saint hearts with fire and a burning passion to preserve freedom for ourselves and our posterity at whatever cost.
There are three major instances in Church history that typify this tradition and the sacrifices members of the Church of Jesus Christ of Latter-day Saints are willing to make in the name of liberty and a government that preserves it.
Zions Camp
The first occurred in 1834, and is known as Zions Camp. The previous year, Latter-day Saint settlers had been driven forcibly out of Jackson Country, Missouri by the “old settlers” who opposed the new religion in their midst as well as the abolitionist-oriented views of its members (who were largely from the New England region). The first leader of our church, Joseph Smith, sought redress for the violation of constitutional rights through the Missouri judicial system. It was intimated to Joseph Smith and other church leaders that state officials might be willing to assist in returning displaced Latter-day Saints to their property if the Church was able to provide an armed militia that could be deputized to protect the returning settlers.
After declaring he had received a revelation to do so, Joseph Smith agreed to the proposal, organized a group of 200 volunteers, and embarked on an expedition from Kirtland, Ohio, marching South to Missouri. But by the time they reached Missouri, the judicial system had bogged down and authorities refused to support the Latter-day Saint claims to the property that had been seized by the anti-Mormon mobs. Absent the official sanction to protect the Latter-day Saints, Joseph Smith disbanded Zions Camp and returned to Kirtland. The Missouri legislature, however, did set aside Caldwell County for the resettlement of the Latter-day Saints that had been driven from Jackson County.
Zions Camp may seem like a failure on its face, but the leadership of the Church would largely comprise of men who made the march for the next half-century. It is remembered in the Latter-day Saint tradition as a kind of pilgrimage, a holy march of godly men who were prepared to fight and die for their faith and their freedom. But it is also remembered as a cautionary tale about understanding the difference between a righteous cause and an unrighteous desire for conflict.
Before Zions Camp had been disbanded, a mob composing of armed local Missouri militia had moved to confront this armed group of Latter-day Saints. Instead of preparing them for battle, Joseph Smith told his men that the Lord would fight their battles for them. As they took shelter, a storm moved in that flooded the nearby river and kept the Missourians from crossing.
However, when Joseph Smith announced that the camp was disbanded and they would be returning to Kirtland, many of the men were angry. They wanted to fight, whether the local authorities would sanction them or not. Joseph Smith warned them that there would be consequences for their pride. Indeed, the camp was struck with cholera and several members died.
The Mormon Battalion
The second story from Latter-day Saint history relevant to our tradition of stepping forward to preserve and protect freedom begins in 1846. By this time, the Latter-day Saints had not only been set upon by mobs once more in Missouri and driven from the state entirely, they had also been driven from Illinois and Joseph Smith, along with his brother Hyrum, had been murdered in Carthage, Illinois. The President of the Quorum of the Twelve Apostles, Brigham Young, had become the new leader of the church and led an American Exodus out of Illinois and into Iowa, where preparations were being made to trek westward and find a new home.
While the exiled saints gathered in tent cities spread around Council Bluffs, Iowa, a US Army officer arrived from Washington D.C. with a request from President James K. Polk to organize a volunteer unit for service in the Mexican-American War. In what is remembered with reverence as the “Mormon Battalion,” around 550 men volunteered for service, even though they’d be leaving their families alone on the trail and uncertain of even what their final destination would be. (I personally have several ancestors who served in the Mormon Battalion and my father, as a descendant, was able to march in a reenactment as part of the 1996 centennial parade celebrating Utah’s statehood in 1896).
The Mormon Battalion is the only religious military unit ever organized in American military history, and their 2080-mile march from Iowa to Southern California is among the longest military marches in history. Members of the battalion were present in California for the beginning of the gold rush, but chose to leave and reunite with their families in Utah rather than seek their fortunes in gold. A small detachment of the battalion was part of the detail that discovered the remnants of the Donner Party and helped bury those who had perished.
The Modern Stripling Warriors
The final story is less well-known as it is a more modern story and not quite as well known among everyday Latter-day Saints. But to church members in the uniformed services, it is remembered as the modern stripling warriors.
The stripling warriors were a group of young men in the Book of Mormon who volunteered to defend the Nephite nation in a terrible and costly war. They were raised by their mothers to be firm in their faith in Christ and were promised, as they marched into battle, that if they held to their faith, none would perish. In one vicious fight, every single warrior was wounded but not a single one died.
In a similar circumstance, a Utah National Guard artillery unit from Southern Utah became surrounded during the Korean War and had to fight off a direct assault from Chinese PLA forces. They fought, essentially surrounded, and were able to hold off the assault until the US line was reformed. After the battle, not a single Utah man had been killed, a feat considered a miracle.
Twisted Doctrine
Given our history, it is no surprise that we Latter-day Saints consider patriotism and service in the cause of liberty and justice as an integral part of our faith. Indeed, the Book of Mormon makes this connection clear by stating that the Spirit of Freedom is the Spirit of God.
Unfortunately, for a small but increasingly more visible few, this passion has been twisted towards the opposite of what it’s meant to stand for.
Like any religious movement, our history has had unfortunate and ugly moments where zealots have twisted our doctrines and arbitrarily sought to use them to justify violence.
In the late 1830s “Mormon War” in Missouri, some members of the church organized themselves into vigilante groups referred to as the Danites and engaged in illegal activities against anti-Mormon Missourians. Joseph Smith condemned them as “secret combinations” (a reference to another group from the Book of Mormon, the Gadianton Robbers, who plotted murder to gain power) and held them responsible for the later calamities that befell the Saints as part of Governor Lilburn. W. Boggs’ extermination order, when Latter-day Saints were ordered to leave Missouri or be killed.
In 1857, during a period known as the “Utah War,” a group of men from Latter-day Saint congregations in Parowan and Cedar City attacked a wagon train in what became known as the Mountain Meadows Massacre, a slaughter that left only young children alive. Brigham Young, the second leader of our church, saw to the conviction of his own adopted son, John D. Lee, who was sentenced to death. Church leaders from that time to the present-day have again denounced the massacre as a “secret combination.”
These terrible moments stand out as stains in what is otherwise a history of selfless service and true faith, found in a group of earnest Christ-loving pioneers who lived through an American Exodus that led to a desert region that would come to flower like a rose. But, disturbingly, there has been a growing echo of these past deviations in the last half-decade.
In 2014, a seemingly mundane land dispute between the Bureau of Land Management and a rancher named Cliven Bundy drew the country’s attention when the BLM brought in its law enforcement agencies to conduct a round-up of Bundy’s cattle. Cliven Bundy, a Latter-day Saint, appealed for help from Right-wing activists to stop the round-up of his cattle, including several armed militias.
The situation culminated with an armed standoff, with militia members taking positions on an overpass and aiming their weapons at BLM officers. The situation was defused when local law enforcement negotiated the release of the cattle. Pictures of the stand-off show the armed militia rallying under a banner that stated “Liberty Freedom For God We Stand” eerily reminiscent of the Title of Liberty.
Two years later, in 2016, Ammon Bundy (Cliven’s son) led an armed group to Oregon where it seized and occupied the headquarters of the Malheur National Wildlife Refuge. He was joined by members of various far-right groups and militias, among them radicalized Latter-day Saints (including Ammon, himself, and his brother, Ryan) who communicated their intent in scriptural terms, saying that God had called them to become “modern-day Captain Moroni’s” and take a stand against the federal government.
In both situations involving the Bundy family, Latter-day Saint leadership has been clear that it condemns violence and especially the use of Latter-day Saint imagery to evoke a sense of righteousness in unrighteous acts. The Church of Jesus Christ of Latter-day Saints maintains a politically neutral stance, has a history of encouraging its members to be active in both major political parties, and has had prophets and apostles who have been both lifelong Republicans and lifelong Democrats.
Despite this, a small but growing number of Latter-day Saints have become increasingly radicalized and have had a presence within the ranks and leadership of many far-right groups, many of whom continue to praise the Bundy family as patriots, glorify Lavoy Finicum (a Latter-day Saint who was killed by police as part of the Oregon standoff) as a martyr, and have become convinced that their faith and their patriotism compel them to support Donald Trump’s presidency by any means, including armed protest and violence.
Like the rest of the far-right movement in the Trump era, this fervent support for Donald Trump led to insurrection on January 6th, when Capitol Hill police were overwhelmed and the Capitol Building was assaulted and occupied. In the midst of the carnage, Latter-day Saints across the world were shocked and horrified to see a flag waving above the angry mob, the words of the Title of Liberty flapping in the wind.
Needless to say, this small but increasingly more visible and active group of Latter-day Saints has lost their way. And, the presence of the Title of Liberty, dear to my heart, at an insurrection that sickens me to the core requires me to draw a distinction between two groups found in Latter-day Saint Scripture: Freemen and King-men. The story of these two groups is eerily similar to what has been going on in America these last few months.
Freemen and King-men
The Book of Mormon tells of a time of great political disagreement within the Nephite nation, and a group of men began to speak against the republican form of government they currently had, desiring to establish a kingdom instead. The people were split over the argument, with one side of the debate calling themselves king-men and the other side, committed to their rights as established and protected by a free government, calling themselves freemen.
The disagreement was put to a vote and the freemen carried the day. But the king-men were so angry at the result that, when a hostile army arrived on the borders of their capitol city, the king-men refused to take up arms to defend their own nation.
With the urgency of an impending invasion, Captain Moroni sent his armies to compel the king-men to step forward in service of their country. The king-men instead revolted and attacked their fellow countrymen. Captain Moroni was forced to put down an insurrection, fighting against a portion of his own people who had so lost their way that they sought to replace their republic with a king and, when they were defeated in a free election, turned against the republic with violence and hatred.
It clearly isn’t an apples-to-apples comparison with the present situation in our own republic, but the similarities are enough to suggest that whoever hoisted that Title of Liberty over the insurrection at our nation’s capitol has put themselves in the opposite position from where they think they are.
Freemen stand for a free nation that holds to principles above loyalty to any one person. Freemen know that the endurance of a free society is more dependent on the endurance of their values and beliefs than it is on lifting any one person to power or maintaining that person’s power. Freemen believe in the sacred nature of an election, whereby a free people make their voice heard and establish legitimacy in their government. Freemen hold to the importance of a peaceful transition of power and honor the results of a free and fair election.
Donald Trump has not conducted himself as a freeman. His enablers have echoed his deceitful machinations to maintain power, falling far short of being freemen. His supporters have lifted up the importance of a man over the importance of their principles, believing that the nation is dependent on him retaining power as opposed to them standing for their values above all else, and have been fooled into believing they’re freemen while unwittingly standing for something far different. And, the insurrectionists who rejected the results of a free and fair election and assaulted the seat of power of our free government, who beat a cop to death, who forced our representatives to flee for their lives, and who occupied a building that had not fallen to an enemy force since the War of 1812 proved themselves to be king-men in both word and deed.
Hanging By a Thread
I call on all members of the Church of Jesus Christ of Latter-day Saints to look to the scriptures that have been given to us as harbingers of the times we find ourselves in, and seek the discernment of the holy spirit to be certain we are not deceived by those who would wrest our beliefs and our convictions towards causes and actions contrary to our core beliefs.
We have only one king, and we have no use for any other. It is fear and pride, not bravery and conviction, that leads to the belief that a free nation rises or falls on the shoulders of a single man. Our God, our religion, our freedom, our peace, our wives, and our children are served by each one of us trusting in the strength of the truths we believe in and holding to the rod of our core principles, especially in the face of adversity.
We know the words of our own prophets. They tell us that our republic will not be saved in Washington. It will not be saved by leaders to whom we sacrifice all integrity, decency, and honor to promote and defend. It will not be saved in the halls of government through the crafting of any legislation, or the marginalization of any political opponent. It will most especially not be saved by rising against it as part of an armed mob participating in a political abomination of desolation.
Our republic will be saved by those who are enlightened and uplifted by the principles of free society and holding true to them above all other considerations. Our birthright is to be freemen, and freemen do not believe a republic lives or dies in any one election, they do not believe it rises and falls on the shoulders of a single man, and they do not believe in taking up arms against their own country. Freemen have faith in God, faith in each other, and hope that tomorrow can always be a better day so long as we can face it with our principles and values intact.
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