Category Archives: Vassals

The Constitution Myth

One reason for the failure of the modern conservative and libertarian movements to scale back, in even a miniscule way, the now gargantuan US welfare/warfare state has been the misinterpretation of the US Constitution.  Many conservatives have a slavish devotion to the document, placing it on a par with the Ten Commandments and New Testament.

A typical misunderstanding of the Constitution’s history and content appeared in this recent op-ed:



The Constitution was intended to limit 1) the power


of government over the citizenry 2) the power of each branch of


government and 3) the power of political/financial elites over the


government and the citizenry, as the Founders recognized the intrinsic risks


of an all-powerful state, an all-powerful state dominated by one branch of


government and the risks of a financial elite corrupting the state to serve


the interests above those of the citizenry.*

The author, like so many “Constitution enthusiasts” has also been hostile to the Medieval era, denigrating its institutions and social constructs – feudalism, aristocracy, crusading – when, in fact, the Middle Ages, in many respects, were far freer with less government than the present epoch. **

When the founding fathers decided to meet in Philadelphia in 1787, they did so at first to “amend” the Articles of Confederation which had guided the young country through some perilous times.  While the Articles had some defects (some libertarians even contend that they were too statist***), the delegates, at first, did not want it scrapped, however, it was the “leading lights” of the convention which connived to completely do away with it.

By superior political maneuvering, the pro-Constitution forces were able to ramrod their plan through despite being in the minority.  Not only were the majority of the delegates initially against scrapping the Articles, but most Americans were opposed to the creation of a new central government. 

Despite this, the Constitution was ruthlessly pushed through and, as its opponents feared, America would be saddled with a highly centralized national government, the loss of considerable state sovereignty, and the eventual erosion of individual liberties even with the inclusion of a Bill of Rights.

A brief examination of the document reveals that its implicit and explicit language grants wide latitude for the expansion of state power.  In its Preamble, the ambiguous clause to “promote the general welfare” can and has led to all sorts of destructive social engineering schemes.  More ominously, for anyone that is under the illusion that America is governed by a “federal” system, they should reread Article VI which in part says

This Constitution, and the Laws of the United his Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land. [emphasis added]

An all-powerful central state went against much of Western history after the fall of the Roman Empire and the idea was always feared by philosophers.  Basic political theory and practical experience showed that a multitude of sovereign states were preferable not only for the protection of personal liberty, but for economic growth.  Numerous states and jurisdictions were a far greater check on government than the much celebrated “separation of powers” concept of constitutional government.

Under the Articles of Confederation, each individual state was autonomous while the national government had to rely on the states for most of its support.  Unfortunately, it will never be known what would have happened if the country remained as a confederacy of states, it is likely however, that there would have been less bloodshed, greater economic growth, and more personal freedom under a decentralized regime.

It is curious, therefore, why so many on the Right continue to revere the Constitution as some great bulwark against state power.  Much of it probably stems from ignorance or personal bias against the political conditions which existed prior to the late 18th century. 

Much of European history was under the sway of monarchial and aristocratic rule and the integral presence of the Catholic Church in society with a diffusion of power among kings, princes, dukes and Churchmen.  While far from perfect, the social order which existed under Christendom may not have been as materially or technologically advanced as contemporary times, but in regard to morality, justice, and individual freedom, there is no comparison.  The Christian age saw nothing of the social depravity, war making with its mass murder, the trampling of individual rights, and the existence of totalitarian government as witnessed in the supposedly “enlightened” modern age.

Decentralized Europe of 1300

Until it is realized that the Constitution is an impediment to rolling back the American Leviathan, there will be little progress in the fight for individual liberty and economic progress.

   

*Charles Hugh Smith, “Let’s Face It: The U.S. Constitution Has Failed.”  Zero Hedge.  20 February 2019. 

**One example, Charles Hugh Smith, “America’s ‘Neo-Feudal’ System is ‘Both False & Precarious.”  Zero Hedge 19 December 2018.

***David Gordon, ed., Strictly Confidential: The Private Volker Fund Memos of Murray N. Rothbard, Auburn, AL.: The Ludwig von Mises Institute, 2015, pp. 96-98.

Antonius Aquinas@antoniusaquinas

https://antoniusaquinas.com

[emphasis added]

Feudalism: Was it so Bad?

feudal system

One of the biggest misconceptions held among the independent and alternative media is that of feudalism and the political, economic and social arrangements which characterized that unfairly maligned epoch.

Derogatory language is often used to describe feudal times with commentators often suggesting that today’s political and financial elites seek to return mankind to such a supposedly depressed, stagnate and repressive condition.

Those who receive the most animus from alternative media pundits are the authority figures and institutions which reigned throughout the period – knights, dukes, kings, princes, popes, priests, bishops, churches, monasteries, and cathedrals.

Yet, was this the case; was feudalism which existed throughout much of the Middle Ages really that bad?

Politically, despite the distortions found in contemporary history books and political science texts, state power in feudal times can be categorized in one term – decentralized – which in reality meant a considerable amount of individual liberty and freedom for all, including serfs.

Naturally, feudal political conditions across Europe varied, however, a look through Carl Stephenson’s classic work, Mediaeval Feudalism, is instructive:

So far as eleventh-century France is concerned, we may disregard

the royal authority altogether.  The kingdom of the West Franks,

which had never been more than a political makeshift, now seemed

on the point of final dissolution. . . . The ancient rights of the crown

had long since passed to such men as were able, with or without

legal authorization to organize and defend a local territory. . . .

The greater of the king’s alleged vassals never came near his court,

whether to perform homage or to render any other service.  What

respect could they have for a theoretical lord who was defied with

impunity by petty officials on his own domain?1

Professor Stephenson continues with words that should warm the hearts of anti-statists everywhere:

France, obviously, had ceased to be a state in any proper sense

of the word.  Rather, it had been split into a number of states

whose rulers, no matter how they styled themselves, enjoyed

the substance of the regal power.2

In Germany, too, power was radically diffused as Professor Stephenson describes:

. . . in various other ways the rulers of Germany sought to

maintain the Carolingian tradition of a grandiose monarchy.

They even revived the imperial title and made brave efforts

to reign on both sides of the Alps.  But the task was an

impossible one.  The Holy Roman Empire became a mere

sham; and as the prolonged contest between the royal

and the princely authority ended in the complete victory of

the latter, Germany. . . was resolved into a group of feudal

states.3

Despite their aggrandizing efforts, the German kings could never succeed in establishing absolutist rule:

Vainly trying to be Roman emperors, the successors of

Otto I . . . became [as kings] purely elective, degenerated

into a sort of decoration to be borne first by one local prince

an then by another.4

Germany remained, for the longest time, an area of decentralized political authority as Professor Stephenson explains:

From the Rhineland to the Slavic frontier, armies were

made up of knights, society was dominated by a

chivalrous aristocracy, the countryside was dotted with

motte-and-bailey castles, and governments were

organized on the basis of feudal tenure.5

Political and economic theory have demonstrated that power which is diffused typically leads to low levels of taxation.  In the case of medieval feudalism, this certainly was the case:

. . .  if the lord needed military service or financial aid beyond

what was specifically owed by his vassals, his only recourse

was to ask them for a voluntary grant.  He had no right to tax

or assess them arbitrarily, for his authority in such matters was

determined by feudal contract.6

Likewise, law was not “made up” by legislative acts, but was that of custom and tradition based on the natural law which kings, lords, vassals, and commoners were all obliged to live by:

Nor does he [the king, or lord] have a discretionary power

of legislation.  Law was the unwritten custom of the country.

To change or even to define it was the function, not of the lord,

but of his court.  It was the vassals themselves who declared the

law under which they lived; and when one of them was accused

of a misdeed, he was entitled to the judgment of his peers, i.e.

his fellow vassals.7

Warfare, too, was limited in scope compared to the massive human slaughter and destruction of property which has taken place over the past two centuries:

    The general character of feudal warfare may be easily

deduced from what has already been said about

vassalage and chivalry. . . .  when two feudal armies

met, each knightly participant was apt to conduct

himself as he saw fit.  The final outcome would depend

on a series of duels in which the determining factor was

individual prowess.  But battles on a large scale were

rare in feudal Europe.  The characteristic warfare of the

age consisted rather of pillaging raids into the enemy’s

territory, of skirmishes between small bands of knights,

and of engagements incident to the siege of castles.

[Emphasis mine.]8

While there used to be a debate about the conditions of serfs compared to that of modern day wage earners, the argument is now falling apart with studies showing that real wages and corresponding standards of living have actually contracted over the past half century for most.  Where there can be no debate, however, is the moral condition of the people of the feudal past compared with contemporary times where “gay marriage” and other abominations have now been given legal status.  No right-minded person could argue that marriage, the family, and child rearing are in better shape today than they were in the supposed “Dark Ages.”

In nearly every aspect of societal appraisement, medieval feudalism was a far superior social order than anything which has come in its wake.  Those who denigrate it not only show their historical ignorance, but play into the hands of their elite oppressors who understand that a return to such a social order would be a much greater threat to their power than any presidential candidate or his “movement.”

1Carl Stephenson, Mediaeval Feudalism, Ithaca, NY.: Great Seal books, 1942; 1960, pp. 77-78.

2Ibid., p. 78.

3Ibid., 92-93.

4Ibid., 93.

5Ibid.

6Ibid., p. 31.

7Ibid.

8Ibid., pp. 66-68.

Antonius Aquinas@AntoniusAquinas

https://antoniusaquinas.com/