Crunchy Con

Sandbagging Burke

Friday October 5, 2007

Categories: Conservatism, Republicans

David Brooks writes today about "The Republican Collapse," saying that the GOP is in free fall because it drifted too far from Burkean conservatism -- that is, became too enamored of big ideas, and forgot to leaven its dreaming with temperamental conservatism.:


The world is too complex, the Burkean conservative believes, for rapid reform. Existing arrangements contain latent functions that can be neither seen nor replaced by the reformer. The temperamental conservative prizes epistemological modesty, the awareness of the limitations on what we do and can know, what we can and cannot plan.

And this, says Brooks, is what Republican leaders have forgotten. Iraq is the lead example, he says. Or consider the failed attempt to expand individual choice in health care, and so forth -- that was un-Burkean because the traditional conservative

does not see a nation composed of individuals who should be given maximum liberty to make choices. Instead, the individual is a part of a social organism and thrives only within the attachments to family, community and nation that precede choice.

And so forth. It's an elegant little theory, but I'm not sure it's true, or rather, to what extent it's true (because it does contain at least some truth). Is the failure of these initiatives really to be chalked up to the fear of the American people of choice? To be precise, did people really fear that the choice would weaken their attachments to their little platoons, or was it more simply that life is complicated enough, and the liberty gained under these schemes seemed risky, and not worth the hassle?

I also am skeptical of this passage:

Over the past decade, religious conservatives within the G.O.P. have argued that social policies should be guided by the eternal truths of natural law and that questions about stem cell research and euthanasia should reflect the immutable sacredness of human life.

But temperamental conservatives are suspicious of the idea of settling issues on the basis of abstract truth. These kinds of conservatives hold that moral laws emerge through deliberation and practice and that if legislation is going to be passed that slows medical progress, it shouldn’t be on the basis of abstract theological orthodoxy.

Now wait. It seems to me that the truly Burkean response to stem-cell research, for example, is to practice the politics of moral prudence, and to honor what society until five minutes ago considered sacred. It is most un-Burkean to decide that we can reverse longstanding moral tradition just because we either can do it technologically, or simply want to do it. Brooks is probably right that social conservatives alienated non-ideological conservatives by standing on principle in these matters, but to say that the social cons were un-Burkean in so doing strikes me as stealing a base.

Anyway, I'm sure Larison will have all this and far more about what's wrong with the Brooks piece explained by sunrise. Talk amongst yourselves. I'm hitting the road in a few minutes, headed to San Antonio to harangue the Republicans for Environmental Protection at their national convention. I smell mole' enchiladas in my near future...

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Comments
Larry Parker
October 10, 2007 2:23 PM

Simon and Rob:

Good to know you don't think totalitarianism is a worldwide phenomenon ...

(SARCASM ALERT)

PS:

"Wrong! The Fourth Amendment protects us against unreasonable searches and seizures even if such searches produced evidence of illegality. The government needs demonstrate probable cause prior to searching someone's home or office.

And in this case, we're not necessarily even talking about criminal behavior, just behavior that hasn't been Constitutionally immunized from regulation/prohibition through the normal democratic process."

Simon:

Again, this makes no sense.

The Fourth Amendment only offers us the full protection you claim, not under original intent, but under ... A WARREN COURT DECISION (Mapp v. Ohio) which established the exclusionary rule for states as well as federal authorities.

How ironic is THAT?!?!

Simon
October 10, 2007 3:16 PM

"The Common Law as received by the new states (via reception statutes) in the late 18th century was valid law." It was okay, then, but it's not okay now? And how do you reconcile that, Simon?

You keep chiming in here about "common law" without making clear what your point is. The common law as developed for centuries was received by statute by the new states after 1776.

Since 1789 the Federal government has been subject to a written Constitution. All 50 states have also enacted written Constitutions. And over the course of the past century, the scope of statutory law has expanded so as to swallow up nearly the entire law.

Courts TODAY, therefore, in considering issues such as whether our WRITTEN Constitution includes a "right" to engage in sodomy, or to procure an abortion, etc., do not purport to develop common law in reaching their decisions. Not even the most left wing justices would accept that approach.

Simon
October 10, 2007 3:32 PM

The Fourth Amendment only offers us the full protection you claim, not under original intent, but under ... A WARREN COURT DECISION (Mapp v. Ohio) which established the exclusionary rule for states as well as federal authorities.

Wrong again.

The exclusionary rule is one particular means to give effect to the Fourth Amendment. The Amendment itself, however, provides the right to be free from unreasonable searches and seizures.

The U.S. wasn't a police state prior to Mapp v. Ohio.

Anonymous
October 10, 2007 4:10 PM

So, Simon, as a lawyer, are those your exclusive cites?

Those precedents and references to "settled law" pre-1800?

DavidTC
October 10, 2007 8:31 PM

While people are apparently talking about common law for no reason, I should point out that some states have never had any common law at all, and some states have weird exceptions.

In my state, Georgia, we enacted all English common law that had actually been 'enforced' and they basically took a survey at that time as to what common law was in effect.

So, even before we reputed all 'common law' by statue, just pointing out that something was English common law pre-revolution doesn't mean it was actual valid Georgia common law...it had to be additionally accepted as active common law under the survey done shortly after Georgia signed the US constitution.

To add more confusion, it is debatable if Georgia was ever technically under any English law. We started with the right to pass our own laws instead of using England, but we ceded that right back to England...and then kept passing our own laws and not enforcing English laws. At one point it got so absurd that our legislature made it illegal to state that English common law was in effect.

It was a big mess. We're lucky our completely lawlessness didn't lead to a crackdown by the British, cause I'm certain that we would have revolted. (Wait, that did happen, nevermind.)


And Louisiana, of course, has never had any criminal common law at all.

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About Crunchy Con

Rod Dreher is an editorial columnist for the Dallas Morning News, and author of "Crunchy Cons" (Crown Forum), a nonfiction book about conservatives, most of them religious, whose faith and political convictions sometimes put them at odds with mainstream conservatives. The views expressed in this blog are his own.

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