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Ameritopia_ The Unmaking of America - Mark R. Levin [52]

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must be able to vote in elections. “A people having sovereign power should do for itself all it can do well, and what it cannot do well, it must do through ministers. Ministers do not belong to the people unless the people name them; therefore it is a fundamental maxim of this government that the people should name their ministers, that is, their magistrates” (1, 2, 1).

Montesquieu points out, “There is this difference between the nature of the government and its principle: its nature is that which makes it what it is, and its principle, that which makes it act. The one is its particular structure, and the other is the human passions that set it in motion” (1, 3, 1). He explains, “There need not be much integrity for a monarchical or despotic government to maintain or sustain itself. The force of the law in the one and the prince’s ever-raised arm in the other can rule or contain the whole.” As for republican government, Montesquieu asserts that “in a popular state there must be an additional spring, which is VIRTUE. What I say is confirmed by the entire body of history and is quite in conformity with the nature of things. For it is clear that less virtue is needed in a monarchy, where the one who sees to the execution of the laws judges himself above the laws, than in a popular government, where the one who sees to the execution of the laws feels that he is subject to them himself and that he will bear their weight.… But in a popular government when the laws have ceased to be executed, as this can come only from the corruption of the republic, the state is already lost” (1, 3, 3). In despotic government, “virtue is not at all necessary to it.…” (1, 3, 8)

Montesquieu saw despotism, including its frequent antecedent, anarchy, as a continuing threat to republican government. “When that virtue ceases, ambition enters those hearts that can admit it, and avarice enters them all. Desires change their objects: that which one used to love, one loves no longer. One was free under the laws, one wants to be free against them. Each citizen is like a slave who has escaped from his master’s house. What was a maxim is now called severity; what was a rule is now called constraint; what was vigilance is now called fear. There, frugality, not the desire to possess, is avarice. Formerly the goods of individuals made up the public treasury; the public treasury has now become the patrimony of individuals. The republic is a cast-off husk, and its strength is no more than the power of a few citizens and the license of all” (1, 3, 3).

Montesquieu warned, “In despotic states the nature of the government requires extreme obedience, and the prince’s will, once known, should produce its effect as infallibly as does one ball thrown against another. No tempering, modification, accommodation, terms, alternatives, negotiations, remonstrances, nothing as good or better can be proposed. Man is a creature that obeys a creature that wants. He can no more express his fears about a future event than he can blame his lack of success on the caprice of fortune. There, men’s portion, like beasts’, is instinct, obedience, and chastisement. It is useless to counter with natural feelings, respect for a father, tenderness for one’s children and women, laws of honor, or the state of one’s health; one has received the order and that is enough” (1, 3, 10). Yet, despite man’s preference for liberty, most live under tyranny. Montesquieu explained that “despite men’s love of liberty, despite their hatred of violence, most peoples are subjected to this type of government. This is easy to understand. In order to form a moderate government, one must combine powers, regulate them, temper them, make them act; one must give one power a ballast, so to speak, to put it in a position to resist another; this is a masterpiece of legislation that chance rarely produces and prudence is rarely allowed to produce. By contrast, a despotic government leaps to view, so to speak; it is uniform throughout; as only passions are needed to establish it, everyone is good enough for that” (1,

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