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July 3, 2022


TYRANNY THROUGH COMPLEXITY

By J.B. Shurk


President Lincoln's Gettysburg Address is roughly 270 words long.  The
Declaration of Independence is around 1,320 words.  Those two documents alone
prove the power of brevity.  (Whenever I find that I am unable to write what I'm
trying to say within the Lincoln-Jefferson word limit, I chuck it in the
trashcan because I've most likely buried my intended message under parasitic
weeds.)  The whole U.S. Constitution, the shortest in the world, has only 4,400
words.  Yet every two-year Congress since WWII has enacted 4-6 million words of
new law.  A wise man once told me that if a law can't be written in a single
sentence, it has no business restricting Americans' liberty.  Over 200 million
words of imposed law since the last Great War have no doubt stolen a good deal
of Americans' natural rights and liberties. 

Do we believe the modern American legislature's verbiage is a necessary
requirement for fulfilling the promises outlined in our founding documents?  Or
is it more likely that Congress learned long ago that it could bury monumental
power grabs underneath an untamed jungle of distracting weeds and has been
writing new weeds into law ever since?  

Tyranny comes in many forms, yet one of its subtlest is manufactured
complexity.  Esoteric language + complicated bureaucracy = citizen
compliance.  If no-one understands the law or how the monetary system works or
whether some agency exercising government power is legitimate, then a great deal
of corruption and crime can be committed without the public's
objection.  Complexity is the favorite poison of those with power.  

Consider how the government's tyranny through complexity makes answering even
the simplest questions quite difficult: 

(1) Have you broken any laws today?

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(2) How many departments or agencies exert power over you?

(3) Is saving money wise?

(4) What does the Constitution say?

In a society governed by reason and rationality, these four questions should be
rudimentary for any citizen.  Instead, they are outrageously vexing.  

(1) There are tens of thousands of state and federal laws, hundreds of thousands
of rules and regulations set forth by administrative decree, and limitless
possibilities for judicial interpretation to shape what is legal and
illegal.  (2) The administrative bureaucracy is always expanding with the
formation of new agency subsidiaries of some department's creation of this
group's authority or that committee's jurisdiction to take a slice of Executive
power for itself to wield against ordinary Americans.  (3) Because the Federal
Reserve is a private company that manipulates the supply of U.S. currency and
because the U.S. dollar is not backed by anything except the Treasury's promise
that its paper has value, saving monetary currency has the obscene effect of
debasing wealth.  (4) And ever since Chief Justice John Marshall empowered the
Supreme Court alone to decide the Constitution's meaning in the 1803 case
of Marbury v. Madison, courts have magically discovered implied powers, hidden
rights, and unknown obligations all appearing and disappearing according to the
subjective determination of any given jurist to hunt down unwritten language
lurking in the "penumbras and emanations" that miraculously exist beyond the
plain meaning of the Constitution's text. 

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Just these past two weeks, this last point was driven home when the Court ruled
correctly that abortion is not a constitutionally protected right and that New
York's restrictions on carrying guns outside the home violate the Second and
Fourteenth Amendments.  By originally divining a constitutional right to abort a
child in the womb, the federal government stole power from state
governments.  By enforcing a gun restriction that infringes on an individual's
constitutional rights, New York stole power from anyone within its
jurisdiction.  The first case remedied a misreading of the Constitution that has
been law in America for nearly half a century, while the second case remedied an
unconstitutional power grab that has been law since 1913.  That's an awfully
long time for Americans to endure illegitimate exercises of power.  When the
Judiciary embraces imaginary complexity to bend the Constitution to its will,
either our governing document or society will eventually snap in two.

A regrettably large share of our legal experiences operate not in the shadow of
the Constitution and its constraints, but rather in the shadow of explicitly
unconstitutional rules, actions, and orders.  In the time it takes for improper
Executive Orders to be reined, for illicit administrative decisions to be
corrected, and for misinterpretations of constitutional power to be overturned,
so much of society's activity is framed by what we might call
the not-Constitution — all those acts of government that are deemed illegal only
after they have caused enduring harm.  A most troubling aspect of government
power is its insistence on pushing past constitutional constraints and operating
in a blurry legal wilderness of its own creation while forcing Americans to
prove that those power grabs lack legitimacy.  

Governance is always about overreaction and never about precise remedy.  In
response to the vast economic aggregation during the late 19th-century
industrial boom, progressivism delivered not only curbs on corporate monopoly
power, but also the creation of a vast administrative bureaucracy with unchecked
powers of its own.  In response to unjust Jim Crow laws, the Supreme Court
acquired unjust super-legislative powers.  In response to air and water
pollution, President Nixon created an Environmental Protection Agency whose
power has grown to stifle American industry and threaten private property.  In
response to a perceived health insurance crisis, Obamacare's socialized medicine
has only exacerbated the cost of healthcare while giving the government a peek
at Americans' private medical records.  Every time government identifies a
problem, its answer is to expand its own inherent powers and complicate matters
further. 

Historically, Congress's budgetary "power of the purse" empowered the "people's
representatives" to restrict Executive overreach and the natural human
proclivity to harness unchecked power.  The quickest way to arrest illegitimate
government power, in other words, was to stop paying for it.  A century of
central bank money printing, runaway deficit spending, and doomed mandatory
spending commitments, however, have handed the "power of the purse" to the
bankers and bureaucrats.  In exchange for giving away the people's power over
their government, Congress legally encumbered the nation's property, monetary,
and banking systems in such a way as to maximize the federal government's power
over every purse in every kitchen in America.  

All these legal and economic charades hide government tyranny behind so many
layers of complexity that ordinary people throw up their hands in
exasperation.  What can possibly be done to thwart the machinations of the State
when its illegitimate power grabs opened Pandora's box long ago?  That feeling
of hopelessness is exactly what bureaucrats crave. 

The more one denies his own agency, the more enslaved he is to whatever system
he insists is oppressing him.  The more one relies on a socialist system of
government, the more he relinquishes individual liberty for the promises of
assured survival and subsistence.  The more one leans on government to provide
human liberation, the further away from freedom he runs.  Through the illusion
of complexity, one resulting social order becomes guaranteed: a small ruling
class controls everyone else.

Here's the thing, though: once you realize that complex institutions exist
largely to tame and subdue the public, then it's the people with extraordinarily
simple yet powerful demands — life, liberty, and the pursuit of happiness — who
begin to resonate with everyone else.  

Should we ever find ourselves returning to those same basic foundations that
were succinctly expressed in the Declaration's nimble 1,300 words, I propose we
dispose with all laws on the book today and begin again with something
exceedingly straightforward: All future legislation must be memorized and
recited by at least one member of Congress before becoming law.  

After all, an easily understood Constitution + a limited bureaucracy = an
empowered citizen.  That's the American way.



Image via Max Pixel.


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