This lecture was first delivered at Hillsdale College in Spring 2016.
For a generation now, Americans have confronted terrorists acting in the name of Islam. Self-described Muslim organizations using terrorism as a tactic are rare in American experience, but neither terrorism nor Muslims were unknown to the generation that founded the American regime. They fought a war with the Muslim states of Algiers, Morocco, and Tripoli in the first decade of the nineteenth century. These states sponsored not terrorism but piracy against our shipping. No isolationist when it came to the defense of American commerce on what he called “the great highway of the nations”—the open sea—President Jefferson sent the Navy to the Mediterranean.
As for terrorism, our first act of foreign policy—the Declaration of Independence—describes the depredations of what it calls “the merciless Indian Savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions.” That is as good a definition of what we now call terrorism as we’re likely to see, and we’ve had it since 1776. Terrorism is savagery deployed as a technique of domination by rulers or would-be rulers.
When thinking of this new (to us) conjunction of terrorism and what the terrorists call Islam, we need to recognize the distinctions the Founders made in both of these conflicts. In the Barbary Wars, Jefferson didn’t fight against all Muslims; America fought only against those who had attacked our shipping. When fighting the American Indian nations during and after the Revolutionary War, George Washington and the other Founders distinguished between what they understood as the “savage” nations and the “civilized” ones. For example, they referred to the Cherokee, Chickasaw, Choctaw, Creek, and Seminole nations as the “Five Civilized Tribes.” Civilized Indian nations that were not allied with the British Empire against us were not the enemy; some of them even fought on our side.
To understand the moral foundation of these policy distinctions, we look to the Declaration, which lays out the fundamental principles of American self-government and therefore of any American policy, foreign or domestic. As we know, the Declaration of Independence isn’t just a list of assertions and complaints. It is a logical syllogism leading to a reasonable conclusion: that these States are and ought to be free and independent. The first premise of that syllogism is that all men are created equal in the sense that their Creator has endowed them with unalienable rights to life, liberty, and the pursuit of happiness. Governments aim at securing those right. In framing any policy, American citizens will seek practical means of securing those rights we share, first as human beings simply, and second as citizens, as Americans. Our government is to secure those rights first and foremost for those it governs, although the rights themselves are shared by all human beings, including our enemies. We respect those rights in foreigners while securing them for ourselves.
As political creatures—as members of this community and no other—Americans have gathered in a network of communities extending from towns to counties to states to the national government. We have constituted a—an orderly governing structure—for this network. What is a ‘regime’?
A regime is the most authoritative form of ruling in a political community. The form of our government, the structure of our ruling institutions, is best called a democratic republic: democratic in the sense that no monarchic dynasty or aristocratic ruling class has title to rule over the rest of us; republican in the sense that on most levels of government “We the People” don’t rule directly but instead frame and execute our laws through representatives we elect for that purpose.
The supreme law of this land, this American political community, is of course the Constitution of the United States. The Constitution doesn’t constitute us as a people—the American people already existed before it was framed. The Constitution constitutes the uppermost of our ruling institutions, the institutions that govern the union of our people and their more local political communities. As the Founders understood, the Constitution also influences the character of the American people by providing us with certain pathways of conduct as we go about our business of governing ourselves. for example, the Constitution sets down certain ways in which ambitious citizens may rise to positions of prominence and authority while closing down other ways.
So we can say that although our Constitution doesn’t constitute us as a people, it helps to define us as a people by reinforcing in us certain habits of conduct—ways of thinking and acting—that conduce to the securing of natural rights for American citizens—what the Declaration identifies as the purpose of government. The Constitution does this in part by expressing our natural rights in terms of civil or legal rights, as seen in the Bill of Rights. Freedom of speech, freedom of religion, and the right to bear arms are all legal guarantees of what we already have ‘in principle’ by the Laws of Nature and of Nature’s God.
More subtly, but also more powerfully, the Constitution secures our natural rights by getting us to rule ourselves along the pathways of self-government just mentioned. Such legal practices as elections to governing offices by means of voting and trials of accused criminals by jury get us into the habit of ruling ourselves by speech, reason, and ballots, rather than by command, demagoguery, and bullets. Those habits are the habits of mind and heart suitable to a self-governing people, a people that rules itself with respect to its members’ own natural rights and those of others—the habits of a democratic republic that nonetheless avoids the passionate misrule, the majority tyranny, of the direct democracies seen in ancient Greece.
In addition to being a democratic republic we are also a commercial republic, and on the same natural-rights foundation. Commerce or trade is the practice of self-government in the realm of economic life. Commerce and trade operate by persuasion not command and coercion. In both our political life and our political economy, Americans rule themselves by consent. Consent isn’t mere assent or acquiescence. Consent means reasoned assent, whether it comes to selecting a Congressman or buying a house. Consent can never mean acquiescence to sheer coercion (necessary though that might sometimes be) if that coercion violated our innocent enjoyment of our rights to life, liberty, and the pursuit of happiness because that would contradict, logically violate, the purpose of government itself.
A regime consisting of a tyrant or an oligarchy commanding a military and a secret police enforcing edicts respecting what we buy and sell—with most of the profits going to the tyrant or the oligarchy—would leave a people with very different habits of mind and heart than a people that has established a democratic and commercial republic. To live in a tyranny or an oligarchy is to experience a different mental and moral environment, and the founders of such regimes know that.
What do these remarks on American civics have to do with terrorist organizations fighting under the banner of Islam? Pretty much everything.
As a form of warfare and of ruling that refuses to distinguish ages, sexes, and conditions, terrorism aims at ruling not by reason but by fear. Terrorists attack civilians. This is true of terrorist organizations that do not control territory—the old Irish Republican Army, for example—and those that do, and indeed control sovereign states—the Nazis in Germany, the Bolshevik Party in the Soviet Union, and the Maoists in China. More than that, terrorism is anti-civilian in a much deeper sense. Terrorism attacks civility itself, the habits of self-government by reasoned persuasion. It seeks command with no ‘back-talk.’ And it does so because whether it’s deployed against civilians and civility by the Nazis and Communists of yesterday or the jihadis of today it denies the principle of the American founding—that all men are created equal. Alternatively, it may deny that all those we call men are really men, really human at all.
Around the time of the 9/11 attacks, an Arab television station aired a film in which a three-year-old girl was asked, “What are the Jews?” “The Jews,” she answered dutifully, “are apes and pigs.” Such a catechism of contempt flows from the rejection of natural right; it forms habit of mind and heart consistent with a regime of tyranny. Tyranny enshrines not the natural right to life but the right to kill. Sure enough, in places where the rejection of equal natural rights prevails—specifically, in those countries where Islam is understood to subordinate non-Muslims—the legal code enforces the status of dhimmitude upon non-Muslims, who are entitled to live only on condition of strict subordination, enforceable by penalty of death. Exclusion from citizenship is the price of survival. Your life depends upon giving up the means of defending your life. a full civic life may be lived only if you believe rightly—’rightly,’ that is, according to the one or the few who rule you. To be religiously incorrect is to be politically incorrect, and to be politically incorrect is to be treated as less than fully human.
The Declaration of Independence concludes with the foundational principle of American foreign policy. Americans regard other countries to be “Enemies in War, in Peace Friends.” Those who make war against the United States have invariably been those who deny that all men are created equal and reject the regime animated by that ‘equality principle,’ the regime of democratic and commercial republicanism. The United States has fought more than 200 wars in the 240 years since independence, since it first needed a foreign policy. It has never fought a war against any democratic and commercial republic. Today, the main geopolitical rivals of the United States—China, Russia, Iran, and the several jihadi-terrorist organizations—all reject the founding principle of the American regime, reject the regime itself, and adhere instead to some principle that denies natural rights, whether on the basis of Marxism, nationalism, or Islamism.
During his presidency, George Washington—hailed as ‘first in war and first in peace,’ first in dealing with both enemies and friends of the regime founded upon natural right—enunciated the basic terms of American policy, foreign and domestic. Like all policies, they were intended to fit the circumstances of the time and place in which they were advanced, but their guiding principles are as permanent as human nature. The principles underlying his domestic and foreign policies were the same.
How, then, would Washington think about Islam? There were few if any Muslims in the United States in the 1790s, but we do know what Washington thought about religious congregants generally. Among his first acts as president were his letters to the major American religious congregations—his own Episcopalians, but also Presbyterians, Methodists, Catholics, Quakers, and, perhaps most importantly, Jewish congregants in Newport, Rhode Island. Although European regimes had established one or several types of Christianity as politically privileged, Washington’s America was having none of that. The government o the United States, he told all of them, welcomes members of any religious confession insofar as they conduct themselves as good citizens of the United States. Although many American Protestants had looked with asperity at Catholics, and peoples around the world had persecuted Jews, Washington and the other founders cared only that citizens act like citizens—obeying the laws enacted by their legislatures, respecting the civil and natural rights of their fellow-citizens. No set of religious practices consistent with American constitutional law will be grounds for denial of civil rights by the American federal government.
Notice the great advantage to thinking and arguing this way. Washington and his fellow Americans didn’t need to decide who is a real Christian, a real Jew, or a real Muslim. Europeans needed to do that because once they had established a particular church or religious confession as politically relevant to the question of who gets to rule and who must obey they needed some way of separating the sheep from the goats. Americans need look only at conduct.
This means that Muslims who are citizens in American today must never be denied their civil rights—deprived of life and liberty, including the civil liberties of voting, serving on juries, and holding property—so long as they abide by American law. Conversely, any attempt to substitute laws that contradict American law without the consent, the reasoned assent, of their fellow non-Muslim citizens must not be permitted. Europe has attempted to live a civic life that allows enclaves of Muslims to frame their own laws, some of which contradict the laws of France, Germany, and the other countries where they live. That’s not for America, where all men are recognized as having been treated equal, entitled to equal protection under the laws.
So, that is how Washington and the Founders would understand Islam and anyone who describes himself as a Muslim. A person who sincerely regards himself or herself as a faithful Muslim will have nothing to fear from the regime of the United States insofar as he or she refrains from attacking American citizens or otherwise undermining their natural and civil rights. This principle holds in policy foreign or domestic, and it holds in regard to any system of religious or political beliefs. If you disagree with American principles, you are free to do so peacefully—that is, in speech—although of course this will alert American citizens to your opposition to their principles, just as it would if you were espousing monarchism, fascist or communist tyranny, or any other regime hostile in principle to our regime.
What about the ‘terrorist’ end of the equation? There is a moral question here as well as a political and military dimension.
In terms of morality, it’s sometimes said that one man’s terrorist is another man’s freedom-fighter. It’s usually Americans who say that, not our enemies, who aren’t stupid enough to leave themselves morally indecisive when targeting us. Empirically speaking, it’s true enough to say that the people we call terrorists often call themselves freedom-fighters, or soldiers of God, or some such thing. But let’s follow that thought to the end. It’s equally true, empirically, that one man’s freedom is another man’s slavery. What the late Osama bin Laden called freedom was tyranny to the late Dr. Albert Einstein, and vice-versa. By the same token, we’ve seen that one man’s man is another man’s ape or pig. While Dr. Einstein may have been a man to us, to that Muslim three-year-old and her educators he was an unclean animal, and deserved to be treated as an unclean animal.
So the real question is, which are we? Will we acquiesce in being classified as apes or pigs? Will we acquiesce if others are? Will we accept the consequences of such classification, consequences we all see very plainly?
The Founders refused classification as mere subjects of the British king and his empire. He and it acted tyrannically, in their judgment, and their foreign policy toward him and it was to deny that classification and to fight that rule. Insofar as the British, the Spanish, the Germans, the Russians—all ruled by regimes opposed to the democratic and commercial republican regime of the United States, regimes denying the existence of natural rights for human beings as such—insofar as those nations made war against us, we treated them as enemies. The same goes for regimes claiming to be Muslim, whether or not those regimes have organized themselves into sovereign states or networks of ‘non-state actors.’
With regard to terrorism, seen by the Founders in the actions of those Indian nations who violated the natural-rights standards of just war by deliberately killing the innocent, the American policy that defeated it was imperial rule or removal of the uncivilized nations or tribes and regime change for the civilized tribes and nations. Washington developed his policy toward the civilized tribes with the help of his Secretary of War, Henry Knox. The administration provided them with tools of agriculture in order to settle them on the land so that they no longer needed to range widely over poorly defined territories to hunt and to gather. With such settlement, within well-defined borders, Amerindians could in principle live in peace with the United States as sovereign nations on the North American continent. This is the origin of the foreign policy we now call ‘regime change.’ Then as now, sometimes it works and sometimes it doesn’t.
With the inveterately savage tribes, however, war and conquest, followed by American territorial expansion into the conquered lands, was the Administration’s policy, and remained America’s policy from then on. And rightly so: empire means rule, and if an enemy intends either to rule or to ruin you, you had better defeat him and rule him or ruin him, until he changes his ways. Territorial seizure has always been recognized by the law of nations—itself derived from the law of nature—as a legitimate punishment for those who fight unjust wars. The great period of American imperialism did not begin with the Spanish-American War in the 1890s, as so many textbooks foolishly say. American imperialism flourished between 1790 and 1890; it went from sea to shining sea, as the song goes. The difference between it and the British and other European empires Americans abhorred was that it was, as Secretary of State and then President Thomas Jefferson called it, an empire of liberty—meaning, the new territories incorporated into the American Union as states enjoyed equal status under the Constitution with the original thirteen states. In the United States, there was no distinction between an imperial center or ‘metropole’—say, England—and its colonies—America or India.
It is important to acknowledge that Americans sometimes violated their own imperial principles. The Creek and Cherokee nations, civilized nations which had agreed to settle within recognized territorial boundaries, were driven from their rightful lands along the infamous “Trail of Tears.” Then and on other occasions, it was the Americans who acted as savages. Tyranny and savagery have no racial or religious boundaries, any more than liberty and civility do.
American foreign policy—imperialist and often but not always justifiably so, on this continent, politically isolationist but commercially and sometime militarily wide-ranging elsewhere around the world—changed as our circumstances changed, as any policy must. By 1900, modern technology—telegraphs, steam-powered warships, and soon the first weapon of mass destruction, poison gas—forced Americans to reconsider their preference for military non-involvement in overseas conflicts. Our foreign policy regarding political and military alliances could no longer follow a fixed rule but rather became more than ever a matter of prudential reasoning: Is it wise to enter the Great War because Imperial Germany is sinking our merchant ships? (It was, Jefferson thought, in the Mediterranean when the Barbary States were plundering them). Is it wise to re-arm as fascists rampage through Europe and militarists in Japan set out to conquer East Asia? What about Soviet-backed Communist revolutionaries in Greece and Turkey, Korea and Vietnam? And today, we look for a policy against Muslim terrorists.
This policy won’t be an imperial project, as we have no interest and little capacity from which the terrorists seek to strike at us. The regime-change strategy pursued by the Bush Administration was animated by the right principle, but in practice it failed—perhaps because Americans had forgotten exactly what a regime is, and how hard it is to change one. That strategy worked in the aftermath of the Second World War, but those circumstances differed from the ones that prevailed in Afghanistan and Iraq sixty years later, and it may also be that the Americans of ‘the greatest generation’ had a clearer sense of what they were about.
Any American foreign policy must first understand what America is, what we stand for. Confusion on that basic point can only yield confused policy. After clarifying who we are, the next priority for American citizens who think about our foreign policy must be to identify the primary enemies of our regime and rank them in order of danger. Clearly, China is the most powerful of these potential threats; Russia ranks second; Iran and the terrorists it sponsors (as well as those it doesn’t sponsor) come in third. In dealing with the terrorists we must take care not to exhaust ourselves, leaving our country vulnerable to more formidable powers. The last priority is the strategic one: choosing allies, calibrating diplomatic, economic, and military actions to weaken and eventually defeat the terrorists. No simple rule can guide us in that strategy because it’s a matter of practical judgment under circumstances that change. In such judgments we should take care to guard our sovereignty, our self-government, by recurring to the principles of the Declaration of Independence, which can and should both animate our actions and restrain them.
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