Friday, January 18, 2019

Economics and the Constitution

By Douglas V. Gibbs

For the Framers of the U.S. Constitution economics and property rights were intimately intertwined.  In today’s society, however, property rights have been relegated away from its original place as a fundamental right, and now are considered to be a minor right.

At the center of the Framers’ foundational economic principles were two beliefs: Laissez-faire (allow the economy to follow its own free market course without governmental interference) and hard currency (using coined money composed of precious metals so that the material itself held the value of the denomination).  The Founders also preferred to avoid mercantilism (governmental protectionist policies), discourage monopolies (the exclusive possession or control of the supply of or trade in a commodity or service), disallow governmental interference regarding one’s use of individual property, encourage the freedom of individuals to contract, restrict regulation to the protection of health, safety, and morals, and to encourage the free market to be as democratic and dynamic as possible. 

During the era of America’s founding there were bitter disputes regarding the paying of the national debt, whether or not the United States should create a national bank, and whether government subsidization was beneficial to domestic manufacturing and other industries.  Founders such as Alexander Hamilton argued that a perpetual national debt was beneficial for credit purposes and holding together the union, he was the primary proponent for the eventual creation of the Bank of the United States (national bank) believing that our banking system required a connection to Europe’s, and he encouraged the practice of government subsidizing various sectors of the national economy.  James Madison, Thomas Jefferson, and other proponents of a more limited role of the government opposed Hamilton on these issues.  Jefferson, in fact, argued against any national debt existing long enough that its repayment becomes the responsibility of the next generation.  While George Washington did sign the act that established the Bank of the United States, he did so reluctantly, and against the advice of Jefferson, and his republican allies.

One thing they all agreed upon goes back to the connection between economics and the free ownership of property, which was that all Americans have the right to sell or give property to others on terms of one’s own choosing (market freedom).

Socialists reject the Founders’ approach to economics, arguing that a free market system based on profit and free choice encourages selfishness and leads to an unjust distribution of wealth.  To ensure that the socialist order properly combats a capitalist economy, socialists believe there must be a constant establishment of new laws and new bureaucratic initiatives in order to properly and equally redistribute among the masses the wealth produced by the capitalist system.

Modern opponents to the Founders’ view of economics also argue that while their plan to protect property rights and utilize free markets occurred in a simpler time with vast tracts of available land, in modern times these policies are incapable of addressing the difficulties we encounter in today’s complex industrial society.  According to today’s proponent of increased governmental intrusion into economics, economic oppression during the early years of the United States could simply be dealt with by moving hundreds of miles westward.  Today, there are no such places to run to.  Therefore, today’s economy is doomed to fail because it is unable to provide a fair and equitable allocation of goods and services, nor an escape route so that the person may start all over again.

These criticisms are based on failed socialist principles that claim the Founders’ approach to economics was unfair, and too primitive to be applied today.  The socialist view considers the free market system as immoral because it allows selfish profiteers to dominate the system, which undermines morality and encourages greed.

In reality, the free market system established by the Framers is the primary reason behind the prosperity and economic dominance in the world that the United States has enjoyed.

The Founders recognized property as being a fundamental right, and as with all other natural rights, it was considered to be morally wrong to infringe upon anyone’s property rights.  Even if government, or the proponents of government infringing on a citizen’s property rights, claimed such an infringement was useful, or for the common good, such intrusion into the natural right of property was considered despotic, and unconstitutional.

The Continental Congress declared in 1774 that “by the immutable laws of nature,” the people “are entitled to…property.”  In the Virginia Declaration of Rights (1776), property was labeled as being an “inherent” right.  Massachusetts (1780) called it a right “natural, essential, and unalienable.”  Other States used similar language.

Deprivation of one’s property rights by the government was seen by the Founding Fathers as an injustice, and an act of tyranny (let alone, the fact that infringement of one’s property rights was detrimental to the proper functioning of a free market economy).

Through the incessant urgings of the utopianists and communitarians of the Founding Era to the constant propaganda and indoctrinational teachings of Marxists and socialists of the modern world, the argument in favor of capitalism is becoming less prominent.  

The Founders’ argument for a free market economy stems from their belief that all men are by nature equally free and independent, and have certain inherent rights,” one of which is “the means of acquiring and possessing property, and having the right to freely possess, trade, sell or buy that property as they see fit.  Their definition of property did not rest solely on real estate, either.  When referring to property the Founders were referring to all possessions, be they tangible instruments of ownership (guns, food, vehicles, one’s home, jewelry, etc.)

As a free people, then, we all may freely use our talents to acquire property and to keep or use the property as we see fit.  For individuals or government to forcibly prevent someone from acquiring property, or to use coercion to transfer property from one person to another, deprives that person of the fruits of his labor, and is a violation of individual liberty.  From the point of view of justice, then, governmental interference with property rights is immoral, and unjust.

Property rights and a free market economy were seen by the people of the Founding Era as being an assurance of a prosperous society.  Without property rights, they believed only the tyrants would be able to enrich themselves, as they force the general population into bondage.  Property rights and a free market economy, therefore, were viewed as being essential for liberty and the pursuit of happiness.  Everyone needs food, clothing, and shelter, and therefore has a right to acquire and possess these goods, for the sake of mere life and for the sake of the good life.  The role of government is to restrain itself from interfering with those needs, and to provide an orderly society so that one may continue to encounter opportunities to satisfy those necessary needs of life and happiness.

To maintain liberty, and a free economy, the protection of property rights and economic liberty is paramount.  Wealth, after all, is not finite, where one person’s ownership is another’s deprivation.  Wealth is created, and the opportunity to possess property is indefinite in a free economy.  The Founders believed the right to own, possess, and transact property included more than merely the possession of what one has, but also the acquisition of what one needs or wants in the future. 

In Federalist Paper #10, James Madison wrote, “diversity in the faculties of men, from which the rights of property originate…. The protection of these faculties is the first object of government.”

From Madison’s point of view, an individual owns himself (mind, body, and talents) first, therefore, no one has a natural right to own anyone else.  There are no natural masters or natural slaves, and the first object of government is not to secure the physical property acquired by the employment of our faculties, but to protect the faculties themselves.  Our individual minds, bodies, and talents, after all, are the things that are necessary in our quest to acquire property.  Madison offered, “From the protection of different and unequal faculties of acquiring property, the possession…of property immediately results.”

If all members of the society have a right to acquire and possess property, competition is a natural outcropping.  Some properties may be more scarce than others, and in such a condition of scarcity an opportunity to buy and sell, and accumulate wealth, emerges.  Non-owners possess a right to acquire, and the owners of scarce items have a right to defend their possessions, or provide a price of their own choosing for the item in question.  We must then ask ourselves, “at what point must government legislate rules to ensure an orderly flow of commerce, especially when it comes to scarce items?”

In many ways, this is where the rubber meets the road.  Economics is intertwined with the application of natural law and natural rights, and while we possess a natural right to property and the pursuit of happiness, we must ask, “Does government have a duty to establish legislation to ensure a proper set of rules so that we may exercise our right to acquire property effectively, and trade or sell that property as we may wish?”

First and foremost, from the Founders’ point of view, it is essential that government restrain itself as much as possible when it comes to private ownership.  Property should be used as each owner deems best, and through local government policies government should encourage widespread ownership among citizens.

The Framers viewed government as a necessary evil.  While a potential of tyranny always exists when a governmental entity is present, it is through government that law enforcement and emergency services are provided, which in turn promotes freedom.  Instead of awaiting the inevitable theft of one’s property, and feeling the need to spend all of one’s time protecting one’s property, with government in place a justice system and a law enforcement agency exists to ensure the protection of one’s property against infringements by others, including unjust infringement by government itself.

Market freedom then leads to the ability of all free members of the society to sell anything to anyone at any time or place at any mutually agreeable price.  While it may be necessary to ensure, through a justice system, that government defines and enforces contracts, all other government policies must revolve around the concept of ensuring that the market place remains free from as much outside intrusion as possible.

Without a reliable method of exchange, however, all of the principles of the free market system fall flat.  To facilitate market transactions, there must be a medium of exchange whose value is reasonably constant and certain.  If there is no stable method of exchange, then there can be no accurate measure of market value, which would create a situation where the prices of goods and services fluctuate greatly.  A rapid and extreme fluctuation in prices would cause an elimination of debts and investments through inflation, and property would be able to be taken by simply manipulating the supply of money.

The issuance of “Bills of Credit” nearly doomed the fledgling United States before the Revolutionary War was even complete.  The “Continental” turned out to be a fiat paper currency that drove inflation to unforeseen levels, and by the end of the whole ordeal the economic turmoil caused by the manipulation of paper money by both State, and the government under the Articles of Confederacy, led to a strong demand for an end to government-issued paper money.  In Article I, Section 8 of the U.S. Constitution a return to hard currency (coined money made of precious metals) is established, and in Article I, Section 10 the States are forbidden from emitting bills of credit or coining their own money.  It also calls for only gold and silver coin to be used as a tender in payment of debts.

The issuance of fiat paper money, however, was not staved off for very long, and over the last one hundred years the issuance of paper money has become the norm not only in the United States, but throughout the world.

James Madison explained the fears regarding fiat paper money in Federalist Paper #44.  He wrote, “The extension of the prohibition to bills of credit must give pleasure to every citizen in proportion to his love of justice, and his knowledge of the true springs of public prosperity…. [S]ince the peace, [America has suffered] from the pestilent effects of paper money, on the necessary confidence between man and man; on the necessary confidence in the public councils; on the industry and morals of the people, and on the character of Republican Government.”

Madison’s explanation states that the trouble with fiat paper money was both moral and economic.  In addition to creating an economic crisis, the Framers believed paper money to be unjust, and immoral, due to the negative influence these instruments of exchange had on economic efficiency, prosperity, and the ability of the average citizen to fairly buy and sell.

That said, the Founders also understood that in such a system the utopian schemes of equity would not apply.  In Federalist Paper #10 Madison noted, “From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results.”  In other words, people with more talent and ambition will generally acquire greater wealth.  Such is the reality of a free market system, and a political system based on liberty.

However, differences in wealth create another dynamic that does not exist in a collective system based on social equality.  As one emerges with greater prosperity, to maintain that prosperity one must continue to encourage the growth and success of one’s endeavors.  Normally, these things are accomplished by expanding one’s entrepreneurial aspirations, which in the end benefits other members of society through the increase of employment opportunities, and increased security to protect one’s properties and money.

James Wilson wrote, “The right of private property seems to be founded in the nature of men and of things…. Exclusive property multiplies the productions of the earth, and the means of subsistence. Who would cultivate the soil, and sow the grain, if he had no peculiar interests in the harvest?”  In short, an economic order in which some acquire more than others is the condition of greater prosperity for all.

-- Political Pistachio Conservative News and Commentary

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