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Wednesday, March 25, 2015

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What is a Republic?
Letter from the Editor of Liberty Quotes
March 2015



 

Dear Friend of Liberty,

As Winter comes to an end with the birth of Spring, we thought we might do a bit of 'Spring Cleaning' around the confusion as to what is a 'Republic'? 

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On the Liberty Quotes blog, from time to time, someone will remind us that the USA is a 'republic' and not a 'democracy.' It is a fair argument considering that the US Constitution stipulates:

"The United States shall guarantee to every state in this union a republican form of government..."

United States Constitution, Article IV, Section 4

The key distinction being 'a republican form of government' rather than a 'republic.' But what is a republic? Obviously not all nations that call themselves 'republics' have republican forms of government -- the People's Republic of China and the former Union of Soviet Socialist Republics are prime examples. Some States were founded as republics before joining the Union -- the California Republic and the Republic of Texas come to mind.

A most exhaustive research on republics can be found in John Adams' writings published as 'Defence of the Constitutions.' Adams is credited with the oft quoted phrase [emphasis added]:

"If Aristotle, Livy, and Harrington knew what a republic was, the British constitution is much more like a republic than an empire. They define a republic to be a government of laws, and not of men. If this definition is just, the British constitution is nothing more or less than a republic, in which the king is first magistrate. This office being hereditary, and being possessed of such ample and splendid prerogatives, is no objection to the government's being a republic, as long as it is bound by fixed laws, which the people have a voice in making, and a right to defend."

John Adams

Source: Novanglus, in Boston Gazette, 6 March 1775, Adams Papers, V II, p. 314

While many use the phrase 'a republic is a government of laws, and not of men' in their defense of American republican government, most may be surprised to see the quote in context -- in which Adams is referring to the British 'republic' with a king and Constitution. If that be the case, then all the British Commonwealths can be considered 'republican' as long as they are "bound by fixed laws, which the people have a voice in making, and a right to defend." 

Adams studied republics throughout history and identified 3 major forms: monarchical, aristocratic, and democratic. The ideal republican form of government was considered to be one in which all three power branches keep the others in check as well as prevent the takeover of the nation by designing men.

"Every citizen must look up to the laws, as his master, his guardian, and his friend; and whenever any of his fellow citizens, whether magistrates or subjects, attempt to deprive him of his right, he must appeal to the laws; if the aristocracy encroach, he must appeal to the democracy; if they are divided, he must appeal to the monarchical power to decide between them, by joining with that which adheres to the laws; if the democracy is on the scramble for power, he must appeal to the aristocracy, and the monarchy, which by uniting may restrain it. If the regal authority presumes too far, he must appeal to the other two. Without three divisions of power, stationed to watch each other, and compare each other's conduct with the laws, it will be impossible that the laws should at all times preserve their authority, and govern all men."

John Adams

Source: Defence of Constitutions, Vol I, LETTER XXXIV, 1787

The US Constitution thus distributes the federal power between 3 branches -- the Executive branch refers to the 'first magistrate,' the Senate was to serve as the aristocratic power, and the House of Representatives was to serve as the democratic power. 

Regarding Article IV, Section 4 which guarantees a republican form of government to the several States, Adams reveals his distrust of the Article [emphasis added]:

"It may perhaps be a Sufficient Recommendation of this Article to say that it was introduced by Mr Charles Pinkney of South Carolina, and he ought to have the Glory of it. But I confess I never understood it, and I believe no other Man ever did or ever will. A Republican Government is a Government of more than one. The Word Republick has been used, it is true by learned Men to Signify every actual and every possible Government among Men, that of Constantinople as well as that of Geneva. But the most accurate Writers distinguish Republicks from Despotisms and Simple Monarchies, and call every Government by that name in which more than one Person is concerned in the Sovereignty, and in this Sense the Kingdoms of Sparta Poland and England were Republicks as truely as Saint Marino. Venice Holland and other States were universally called Republicks both by the Learned and unlearned; yet the People in these States had certainly no more Liberty than those of England or France. The most Accurate distinction then has been between free Republicks and Republicks which are not free. It is not even said in our Constitution that the People shall be guarranteed in a Free Republican Government. The Word is So loose and indeffinite that Successive Predominant Factions will put Glosses and Constructions upon it as different as light and darkness, and if ever there should be a Civil War which Heaven forbid, the conquering General in all his Tryumphs may establish a Military Despotism and yet call it a constitutional Republic as Napoleon has already Set him the Example. The only Effect of it that I could ever See, is to deceive the People: and this practice my heart abhors my head disapproves, and my Tongue my Pen have ever avoided."

John Adams

Source: letter to Mrs. Mercy Warren, July 20, 1807

"All good government is and must be republican. But at the same time, you can or will agree with me, that there is not in lexicography a more fraudulent word... Are we not, my friend, in danger of rendering the word republican unpopular in this country by an indiscreet, indeterminate, and equivocal use of it? [...] Whenever I use the word republic with approbation, I mean a government in which the people have collectively, or by representation, an essential share in the sovereignty... the republican forms in Poland and Venice are much worse, and those of Holland and Bern very little better, than the monarchical form in France before the late revolution."

John Adams

Source: John Adams to Samuel Adams, 18 Oct, 1789 in Works, VI:415,420-421

I have always preferred Thomas Jefferson's explanation of republican government:

"The way to have good and safe government is not to trust it all to one, but to divide it among the many, distributing to everyone exactly the functions in which he is competent ...
- To let the National Government be entrusted with the defense of the nation, and its foreign and federal relations ...
- The State Governments with the Civil Rights, Laws, Police and administration of what concerns the State generally.
- The Counties with the local concerns, and each ward direct the interests within itself.
It is by dividing and subdividing these Republics from the great national one down through all its subordinations until it ends in the administration of everyman's farm by himself, by placing under everyone what his own eye may superintend, that all will be done for the best."

Thomas Jefferson

Source: Jefferson letter to Joseph Cabell, Febrary 2, 1816, Writings W., 6:544

Jefferson also insisted upon a Bill of Rights to explicitly delineate the limits to political power.

"I will now tell you what I do not like. First, the omission of a bill of rights, providing clearly, and without the aid of sophism, for freedom of religion, freedom of the press, protection against standing armies, restriction of monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land, and not by the laws of nations. ... Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inference."

Thomas Jefferson

Source: December 20th, 1787, Jefferson letter to James Madison about his concerns regarding the Constitution.

Frankly, the Declaration of Independence says it absolutely perfectly -- in essence, out of our natural born rights to associate and collectively defend these rights from would-be thieves, invaders, tyrants, and very importantly our own servant government, all legislation and government power is to be used to protect those rights -- executing no powers other than those specifically enumerated in the Constitution.

"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.— That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

Declaration of Independence, July 4, 1776

Outside Independence Hall when the Constitutional Convention of 1787 ended, Mrs. Powel of Philadelphia asked Benjamin Franklin, "Well, Doctor, what have we got, a republic or a monarchy?" With no hesitation whatsoever, Franklin responded, "A republic, if you can keep it."

as recorded by Constitution signer James McHenry in a diary entry

The question is then, have Americans been able to 'keep' their republic? I'll let that be food for thought. ;-) 

I hope this may provide some clarification about 'republics' and 'republican forms of government.' While the USA was not founded as a monarchy, it was also not founded as a democracy. The power of the popular election cannot ever vote away the rights, property, and liberty of the populace.

It is the consciousness of the People that holds a nation together -- their constitution is the real Constitution. If a commitment to Liberty and to personal responsibility does not live within the 'sovereign citizen,' the citizen will not remain sovereign for long.

 

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Thank you!

 

Eric Schaub
Editor/Publisher Liberty-Tree.ca

Copyright 2014 Liberty-Tree.ca

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