Public Goods

What our Declaration really said

Our nation confronts a challenge this Fourth of July that we face but rarely: We are at odds over the meaning of our history and why, to quote our Declaration of Independence, "governments are instituted."

Only divisions this deep can explain why we are taking risks with our country's future we're usually wise enough to avoid. Arguments over how much government should tax and spend are the very stuff of democracy's give-and-take. Now, the debate is shadowed by worries that if a willful faction does not get what it wants, it might bring the nation to default.

This is, well, crazy. It makes sense only if politicians believe -- or have convinced themselves -- that they are fighting over matters of principle so profound that any means to defeat their opponents is defensible.

We are closer to that point than we think, and our friends in the tea party have offered a helpful clue by naming their movement in honor of the 1773 revolt against tea taxes on that momentous night in Boston Harbor.

Whether they intend it or not, their name suggests they believe that the current elected government in Washington is as illegitimate as was a distant, unelected monarchy. It implies something fundamentally wrong with taxes themselves or, at the least, that current levels of taxation (the lowest in decades) are dangerously oppressive. And it hints that methods outside the normal political channels are justified in confronting such oppression.

We need to recognize the deep flaws in this vision of our present and our past. A reading of the Declaration of Independence makes clear that our forebears were not revolting against taxes as such -- and most certainly not against government as such.

In the long list of "abuses and usurpations" the Declaration documents, taxes don't come up until the 17th item, and that item is neither a complaint about tax rates nor an objection to the idea of taxation. Our Founders remonstrated against the British crown "for imposing taxes on us without our consent." They were concerned about "consent," i.e. popular rule, not taxes.

The very first item on their list condemned the king because he "refused his assent to laws, the most wholesome and necessary for the public good." Note that the signers wanted to pass laws, not repeal them, and they began by speaking of "the public good," not about individuals or "the private sector." They knew that it takes public action -- including effective and responsive government -- to secure "life, liberty and the pursuit of happiness."

Their second grievance reinforced the first, accusing the king of having "forbidden his governors to pass laws of immediate and pressing importance." Again, our forebears wanted to enact laws; they were not anti-government zealots.

Abuses three through nine also referred in some way to how laws were passed or justice was administered. The document doesn't really get to anything that looks like Big Government oppression ("He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance") until grievance number 10.

This misunderstanding of our founding document is paralleled by a misunderstanding of our Constitution. "The federal government was created by the states to be an agent for the states, not the other way around," Gov. Rick Perry of Texas said recently.

No, our Constitution begins with the words "We the People" not "We the States." The Constitution's Preamble speaks of promoting "a more perfect Union," "Justice," "the common defense," "the general Welfare" and "the Blessings of Liberty." These were national goals.

I know states' rights advocates revere the 10th Amendment. But when the word "states" appears in the Constitution, it typically is part of a compound word, "United States," or refers to how the states and their people will be represented in the national government. We learned it in elementary school: The Constitution replaced the Articles of Confederation to create a stronger federal government, not a weak confederate government. Perry's view was rejected in 1787, and again in 1865.

We praise our Founders annually for revolting against royal rule and for creating an exceptionally durable system of self-government. We can wreck that system if we forget our Founders' purpose of creating a representative form of national authority robust enough to secure the public good. It is still perfectly capable of doing that. But if we pretend we are living in Boston in 1773, we will draw all the wrong conclusions and make some remarkably foolish choices.