HERBERT LONDON: THE MEANING OF LIMITED GOVERNMENT
The Meaning of Limited Government by Herbert I. London
http://www.hudson-ny.org/2109/limited-government
The Founding Fathers recognized intrusive government as the forerunner of tyranny. The assertion that we should recall limits is valid for a generation that often believes government should do everything from paying your mortgage to providing free health care.
In speech after speech, people have been speaking passionately about the need for limited government. With public enterprises expanding in the Obama era, this concern is understandable.
Yet, with some hesitancy, it should be pointed out that limited government – whatever its virtues – should be expandable enough to meet unanticipated necessities that may arise. Government should not be so small that it is incapable of doing what must be done. Its size and influence should be calibrated to be able to meet its needs..
A government should actively work to preserve liberty. If, for example, a government taxes excessively in order to promote its programs, it can undermine the liberty it was fashioned to secure.
The Constitution, as the guardian of the liberty, is not an entirely fixed document; it is open to interpretation and amendment by the people. And as a consequence, can be used in some circles to expand government authority. Hence each generation has a responsibility to guard against the usurpation of government influence, to paraphrase Ronald Reagan.
A government at war, however, is different from a government at peace. Perhaps that explains why the Constitution has “a necessary and proper” clause. One would hope, as the authors of the Federalist Papers did, that what is necessary has precedence in the Constitution, and that everything necessary is also proper. Alas, that may be a reach.
The presumption is that the Constitution by its very nature, limits government. For one thing, since the Constitution is above ordinary government, it is a check on the potential excesses of legislators. Second, since the Constitution is made by the people, it trumps ordinary law made by the legislature. Moreover, the Constitution can only be altered by recourse to the people.
Governments fashioned in this way are limited because the Constitution itself is the embodiment of human foibles. Federalist 51 notes, “Ambition must be made to counteract ambition.” Avarice counteracts avarice; greed counteracts greed. As a consequence, the Constitution presupposes, with its reliance on the full scope of human conditions, that human beings are capable of governing themselves rather than being the helpless victims of historical forces.
Our government is limited by a Constitution that restricts certain behavior based on precedent and an understanding of human nature. But when the term limited government is employed, it is contingent on the necessities of the moment; on those factors that can produce security and tranquility. Emergencies require stringent action, action that the Constitution will in most instances countenance.
The genius of our system is the flexibility that offers direction for action. Constitutional provisions are a balance of permissions and adaptable limitations. Limited government thereofre has several meanings that should be offered as part of the public debate on the future of government activity.
Our Constitution recognized government as a necessary institution which is neither powerless nor omniscient. That may not be the stuff of bumper-sticker logic, but it is closest to what actually exists in Washington DC.
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