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Constitutional Barriers to SerfdomBy ERIC D. BUTLER Political thinking is at such a low ebb in this and other British
countries that constitutional safeguards of individuals' rights, evolved
over hundreds of years, are being destroyed without most people realising
what is taking place. The mere mention of the term "constitution"
usually conjures up in the minds of many people a picture of lawyers
arguing about dry technical legal matters of no importance to the
ordinary individual - or beyond his understanding. THE PURPOSE OF A CONSTITUTION What is a Constitution? Most human activities are governed by the
idea of a Constitution; the idea that it is necessary to define in
advance relationships which individuals can observe. It is also necessary
to lay down the relationships between various groups and individuals.
No game can be played in the absence of some rules. Constitutional safeguards of all types of organisations have usually
been designed to ensure that, before any changes are made, there can
be an exhaustive examination of what is proposed. There can be no
stability if a Constitution can be altered comparatively easily, perhaps
by a small number of power-lusters temporarily stampeding electors.
For years before the war the controllers of Soviet Russia openly
preached that an "imperialist" struggle was essential for the furtherance
of their policies. "Stabiity permits a continuous growth based upon
Tradition". One important aspect of the war being waged against us, an aspect overlooked by most people, is the clever attack upon the idea of a tradition. Such has been the corrupting influence of unscrupulous propaganda that a great number of people who like to be thought "progressive" consider any policy based upon tradition either "old fashioned," or, worse still, "reactionary." Tradition is simply the accumulated experiences of the past. A community
which forgets its traditions has lost its bearings, and is at the
mercy of the various types of power-lusters whose activities are wrecking
Western Civilization. INDIVIDUAL RIGHTS, CONSTITUTIONAL SAFEGUARDS The central theme of the history of the English-speaking world can
be written around the persistent attempts to evolve a Constitution
which would prevent Governments, or any other groups from having too
much power over individuals. Because of their Christian philosophy
and innate spirit of individualism, our forefathers worked and gave
their lives to limit the powers of Governments and to guarantee the
individual certain fundamental rights which were inviolate. The growth
of the British Constitution, the basis of all Constitutions throughout
the English-speaking world, derives from the idea of individual rights. That profound political document, Magna Carta, which we teach our
children about in the schools, but never read, dealt in detail with
this question of individual sovereignty. The evolving of a system
of Common Law, which was superior to Kings, parliaments and all other
institutions, was essential f or the protection of the individual.
The English-Speaking communities, alone of the civilised world, are
based on the principle of Common Law, that "all persons, officials,
no less than private individuals, are equal before the law, are judged
by the same tribunals, and are subject to the same rules." The fact that the same technique is being used to destroy the Common Law in every English-Speaking country is definite evidence that the attack is coming from a common source. As far back as 1929, Lord Hewart, one-time Lord Chief Justice of
England, exposed the menace in his great book. "The New Despotism."
Lord Hewart wrote: The "persistent and well-contrived system" has been considerably
advanced since Lord Hewart wrote his book, "The New Despotism." Our written Federal Constitution, like the American Constitution, was based upon principles established in the evolving of the British Constitution. Those people who talk about our "horse-and-buggy" Constitution are a menace to our way of life; they cast doubt upon fundamental principles of individual associations which have not been altered one iota by the fact that we now have motor cars to travel in instead of buggies. In fact, because of the vastly increased power which scientific developments permit a small number of individuals to have over entire communities, it is more essential than ever that the fundamental principles of human associations, learned so painfully by the trials and errors of our forefathers, be clearly re-stated, and their observance insisted upon. If we are going to allow power-lusters and their dupes to persuade us that we should forget and ignore the accumulated political experience of a thousand years, there is indeed no hope for our way of life. Salvation depends upon sufficient people grasping the real issues at stake. They are fundamentally the same as those faced by the Barons and Churchmen when they confronted King John with Magna Carta at Runnymede in 1215. THE MENACE OF CENTRALISED POWER Writing last century, the great English historian, Lord Acton, made
the profound observation that The British Constitution was evolved in order to deal with this menace;
the menace of any one man or group of men having too much power. It
was not only necessary to limit the powers of Governments; it was
essential that political power be decentralised by local Governments.
A great many people who want to destroy the Federal Constitution and
local Government in Australia argue that, as there is only one Government
in Great Britain, one central Government should be sufficient for
Australia. These people completely ignore such local governing institutions
in Great Britain as the County Councils, which, although now being
destroyed by the same influences destroying local Government in Australia,
have had powers as great as those of our State Governments. For example,
they controlled their own police and education. The famous Constitutional authority, Sir Ed. Creasy, writing in his
"History of the English Constitution," states: In reply to a deputation which urged greater powers to the Federal
Government at the expense of local Government, President Calvin Coolidge
of the United States of America said in 1926: Every further centralisation of political power automatically creates conditions which provide the totalitarians with the excuse that it is "inevitable" that more of the Constitutional safeguards of the individual's rights be destroyed. Note how artificial shortages created by high taxation and other controls are used to justify permanent Federal price control. If we are to have individual rights and genuine independence in this country, rights and independence protected by a Constitution which functions and is effective, all Governments in Australia, particularly the Central Government, have got to be compelled to disgorge the great powers they now possess. Not only must the present drive towards centralisation be stopped; a vigorous policy of decentralisation is essential. The more genuinely decentralised Government is, the greater degree of self-determination individuals have over matters essentially local and peculiar to themselves. THE PURPOSE OF GOVERNMENT A major part of the totalitarian policy is to further the idea that
Government is an end in itself. This is a comparatively modern idea
in British countries. "Social security" and other plausible schemes
are simply devices to make more and more individuals dependent upon
Governments, and were originated by the same groups striving to destroy
all Constitutional barriers to complete control of the individual.
"It is nowadays the common doctrine of the Constitutional
lawyers and of the politicians, who like the sense of power and especially
of absolute power (which corrupts absolutely), not only that the Legislature
has the last word in law making, a doctrine which is as old as Augustine
and even as old as the hills, but also that its power in law making
is absolute and arbitrary. Parliament is not limited by the principle
of the natural law, that is to say the ordinary moral law, nor is
it limited by the law of God. In the realm of England, according to
this doctrine, men now hold their lives on a lease not from God but
from the State." Those whose policies are still based upon a Christian philosophy
must reject completely the idea that their lives are at the mercy
of an omnipotent Government. If Governments are to be omnipotent,
with no limits to their powers, they could "legally" have people put
to death. This has already happened in many European countries, while
in Great Britain the Attorney-General of the British Socialist Government,
Sir Hartley Shawcross, epitomises the totalitarian conception of law
and the Constitution by claiming that the powers granted to the Government
by the Constitution As a result of their 1945 election victory, the British Socialists claim that a majority in the House of Commons gives them the right to do as they like for five years, although anyone with even the most elementary knowledge of the British Constitution must know that it is Trinitarian, and was evolved for the purpose of limiting the power of the Commons. Our forefathers realised the menace of all power being in one set of hands; thus the House of Lords and the Crown maintaining a state of balance - and the Common Law over all. In his great classic, "Law and Orders," Professor C. K. Allen
writes The steady destruction of the influence of the House of Lords and the Crown, together with the replacing of the Common Law by bureaucratic lawlessness, has permitted the British Socialists to proceed to impose upon the British people the very National Socialism they went to war to destroy. This is merely following closely the program marked out by the famous pro-Communist, Professor Harold Laski, who, writing in his book, "Democracy in Crisis," published in 1933, said that the filrst task of a newly elected Socialist Government would be to "take vast powers and legislate under them by ordinance and decree" and "suspend the classic formulae of normal opposition." Sir Stafford Cripps, who has been termed the Economic Dictator of Great Britain, wrote in his book, "Can Socialism Come by Constitutional Means?", that "The Government's first step will be to call Parliament together and place before it an Emergency Powers Bill, to be passed through all its stages on the first day. This bill will be wide enough in its terms to allow all that will be immediately necessary to be done by Ministerial orders. These orders must be incapable of challenge in the courts or in any way except in the House of Commons." In a moment of candor Dr. Goebbels once said that the Nazis merely
used the democratic voting system to obtain office; having office
they then "legally" proceeded to ensure that they had no effective
opposition. In considering the legitimate function of Government, it is essential that it be realised that British Constitutional developments have always conceived of the powers of Government as being a grant from individuals to the Government for the purpose of clearly defined tasks. The modern totalitarian idea of Governments actually governing the people and passing a never-ending stream of laws to restrict their activities and liberties is alien to genuine British tradition. It has been wisely said that the best governed communities are the least governed communities. Government should be merely an instrument, with strictly limited and defined powers, through which individuals can lay down general rules, the clearer and simpler the better, which they deem necessary to govern their associations for their particular areas. The genuine British idea of Government is that it should be a coordinating
factor, preserving the rules decided by electors and ensuring that
no group upset the balance of the community by obtaining too much
power over individuals. Some form of Government is required for, say, a community to decide
upon traffic laws for the purpose of governing transport activities.
It will be noted that such laws are not an interference with freedom
of action; they make for greater freedom of action with a minimum
of danger. The totalitarian idea of Government is that not only should it police the rules of the road, but should arbitrarily tell the users of the roads when they can travel, where they can travel or, worse still, create a Government Monopoly of all road transport and prevent any private transport whatever. The foregoing should briefly indicate what are the legitimate functions of Government and what are not. COMMON LAW AND CHRISTIANITY It is interesting to note that John C. Miller, in his very able commentary
on the "Origins of the American Revolution," shows how the
American Revolution was a revolt against the very idea of Government
being imposed upon us today: Natural or Common Law derived directly from the "climate of opinion"
created by the Medieval Christian Church. The destruction of the Common
Law and the fostering of the idea of omnipotent Governments are a
deadly menace to the basic principles of Christianity. Writing of the totalitarian idea of concentrating all power in the
hands of an Omnipotent Government, Sir Henry Slessor has said: THE WRITTEN FEDERAL CONSTITUTION In considering the value of our written Federal Constitution, it is essential to grasp that it was a grant of special powers from the States to the Federal Government. Those who framed this Constitution attempted to embody in it what their forefathers had learned about Governments over centuries. They realized the menace of centralised Government, particularly in a vast country like Australia. The people of the States were only persuaded to vote for Federation on the understanding that State sovereignties would be protected. Speaking at the Federal Convention in 1891, Sir Henry Parkes made
the issue clear in the following words: Propaganda against the Federal Constitution has been so successful
that large numbers of people say unthinkingly that Federation was
designed to abolish the States. So far from this being the case, the
"Fathers of Federation" actually made provision in the Federal Constitution
(Chapter VI) for the creation of new States. ALL FEDERAL PARTIES HAVE ATTACKED CONSTITUTION In order to understand the real nature of the growing assaults upon
the Federal Constitution, it is first essential that we recall that
all Federal Governments, Labor and non-Labor, have been responsible
for expanding the powers of the Central Government at the expense
of local Government. The destruction of the British Constitution had
started long before the present Socialist regime obtained power. No mere change in politicians will halt the growing destruction of
Constitutional safeguards. The very fact that all Federal Governments
have increased the powers of the ever-growing bureaucracy and attacked
the Constitution, is definite proof that what is termed a "change
of Government" is not really a change at all. As Mr. L. S. Amery remarks in his "Thoughts on the Constitution":
It can be seen that the important issue confronting us goes far
beyond Party Politics. Party politicians who are genuinely in favour of individual rights free from interference by any Government, should readily take part in all moves to defend all aspects of our Constitution. Starting from this basis, electors can soon discover who are genuine opponents of totalitarianism-i.e., centralisation and government by an irresponsible bureaucracy-and those who are not. THE NATURE OF TOTALITARIANISM The very essence of totalitarianism, irrespective of whether it is labeled Socialism or any other "ism," is the creation of the Monopoly State - the centrally "planned economy." A "planned economy" conceives of all political, economic, and financial power being in the hands of one central group, who decide all policy. To the extent that local governing bodies are maintained, it is merely to administer the central policy. Now, it is obvious that if a centrally "planned economy" is to be successful from the point of view of those imposing it, it is absolutely essential that there be no power of contracting out for individuals who don't like the policy. Thus all resources and all Governments must be controlled by the central planners. As the British idea of a Constitution, whether written or unwritten,
is a barrier to the Monopoly State, Bank nationalisation is merely one of a long series of attacks upon the Federal Constitution, which is a barrier to totalitarianism in Australia. Unfortunately this tact has been nearly obscured by the largely irrelevant welter of controversy concerning bank nationalisation as an end in itself rather than a means to an end. Remembering that all Federal Governments have supported centralisation, we can now pass to a brief examination of the source and nature of the totalitarian attack. SOURCE OF ATTACK ON CONSTITUTIONAL SAFEGUARDS In 1946 Professor Harold Laski visited Stalin, after which he made the significant statement that the British and the Russians are merely following two distinct roads to the same objective. As a leading instructor at the Socialist-cum-Communist London School of Economics, established by the Fabian Socialists and financed liberally by the German-Jewish financier, Sir Ernest Cassel, and whose students are now entrenched as "economic advisers" to all types of Governments throughout the British Empire, or as lecturers in Universities, it is essential that we pay attention to what this pro-Communist says. When Lord Haldane, who said that his "spiritual home" was in Germany,
was asked why his friend Cassel had financed the London School of
Economics, he said that the school was established All Federal Governments in recent years have been "advised" by products of the London School of Economics, or by those contaminated by its doctrines, while the Universities turn out more and more Socialists and Communists, who are only too keen to advance the idea of central planning. Now, it is a matter of history that the Fabian Socialists in Great Britain took most of their ideas from Germany, where the policy of centralisation was considerably advanced by Bismarck and the Socialists. It will be recalled that Karl Marx, a German Jew, said that the British were too "stupid" to make their own revolution, and therefore foreigners must make it for them. Bearing in mind Laski's statement made after seeing Stalin, it is
obvious that a special technique had to be devised to destroy the
British Constitutional safeguards. The fundamental objective was the
same as that desired by the Communists; there was merely a difference
of method. Whereas the Communists believe in seizing power, the Fabians
believed in using electoral methods. THE NEW DESPOTISM The Fabian Socialists were the forerunners of the present British
Socialist Party, Mr. and Mrs. Webb, credited with being partly responsible for the present Russian Constitution, were two of the leading spirits amongst the Fabians. The historian, Elie Halery, writes: "I can still hear Sidney Webb explaining to me that the future belonged to the great administrative nations, where the officials govern and the police keep order." In order to reach the totalitarian future desired by the Fabians, responsible Government had to be destroyed. What was simpler than the technique of persuading Parliament to pass Enabling Acts giving officials the authority to make rules and regulations having the force of law? Even after Lord Hewart had denounced the "New Despotism" in 1929,
and stated that Laski is also author of the following statement: Laski and his associates stand for the Monopoly State, in spite of the fact that our forefathers insisted upon the great Bill of Rights, one of the landmarks of British Constitutional development, in order that they could directly petition the King in order to permit an undesired law to be altered or reconsidered. Writing in the "Social Justice Review" (U.S.A.) of December,
1944, Laski lamented the defeat of the 1944 Referendum in Australia.
He made the following interesting admission: THE TOTALITARIAN FRONT IN AUSTRALIA At this point it is of importance that we recall that in 1936 Dr.
H. V. Evatt published a book entitled Here was a blatant attack upon the very foundations of our Constitutional
safeguards. Dr. Evatt was, of course, merely echoing the Fabians.
He was certainly not ignorant of the totalitarian idea he was advancing,
because he wrote in his book, "The King and His Dominion Governors,"
that Backed up by Socialist and Communist economic advisers, the principal
one being Dr. H. C. Coombs, of the London School of Economics, Dr.
Evatt launched the first offensive to establish complete tyranny in
this country when he attempted to persuade the State Governments to
transfer to the Federal Government enormous powers without the necessity
of a Referendum. The Tasmania Upper House said that the Tasmanian House of Assembly, which was willing to grant the powers sought by Dr. Evatt, had no mandate from the people to pursue such a policy. The attitude of the Tasmanian Upper House forced the 1944 Referendum, at which the electors of Tasmania voted overwhelmingly against what their House of Assembly had proposed, thus providing a striking example of the value of the British Constitutional idea of an Upper House. This does not necessarily mean that there is no case for a reform
of Upper Houses in Australian States. But they are an integral part
of the British idea of a Constitution, and have their proper role
to play. Elected by the most responsible elements in the community,
they make for stability and prevent "snap" decisions which could create
irreparable damage in the community. POLITICAL AND ECONOMIC PLANNING It was the "economic earthquake" of the Great Depression which coincided
with the creation in Great Britain of another Fabian Socialist offshoot,
Political and Economic Planning (P.E.P.). This organisation was secretly
launched in 1931, and was controlled by a curious combination of Big
Business representatives, a Director of the Bank of England. and well-known
Socialists. The British "Conservatives" advanced the P.E.P. idea of Planning
Boards to control primary production, electricity, etc. Similar ideas
were propagated in Australia, the Lyons' Government, no doubt on the
advice of its economic "experts," attacking the Federal Constitution
under the guise of the Orderly Marketing Referendum in 1937. THE "SOCIAL SERVICE" PLAN IN AUSTRALIA Undoubtedly the first major success in getting a non-Labor Government
in Australia to advance a Socialist policy was the attempt by the
Lyons' Government to introduce their National Insurance scheme. Long
before the Fabian Socialists brought the idea to Great Britain, the
technique of gaining control of the individual by a compulsory national
insurance scheme had been successfully applied in Germany. Once the basic idea was introduced into the English-speaking world,
it didn't matter very much to the sponsors how many arguments there
were about the actual financing of various schemes. Such controversies
had the effect of once again creating the impression that the demand
for various "Social Security" schemes in all parts of the English-speaking
world were spontaneous; they camouflaged the source of the idea; also
the real nature, which, briefly is designed to take the individual's
purchasing power off him by compulsion and only permit him to get
some of it back if he submits to detailed control by officials. In his book, "The New Despotism," Lord Hewart specifically
refers to the British Health Insurance Act as an example of modern
tyranny and the destruction of Common Law by the arbitrary acts of
bureaucrats. Although there was such a wave of public indignation, aided by Labor Members of Parliament - they merely objected to the method of financing, not the idea - that the Lyons' Government had to drop the scheme; the election of a Labor Government revived the idea under the Unemployment and Sickness Benefits Act of 1944, again proving that a change of politicians does not mean a change of Government. Any person who has studied the Gestapo clauses in the Unemployment and Sickness Benefits Act, and the granting of enormous powers to officials, can be nothing but appalled that such an Act could be passed in our Federal Parliament. The compulsory national insurance idea was given great prominence with the publication of Sir William Beveridge's famous scheme during the war years. In lauding this scheme, the "capitalist" press in this and other British countries did not mention that Sir William had been a prominent member of the staff of the London School of Economics, and was on record as saying that the British people must be prepared to go "half way to Moscow." The most obnoxious control clauses in Sir William's scheme were,
of course, carefully kept away from the public. These clauses revealed
that "social security" was the bait to persuade the individual to
submit to control by officials. The present non-Labor Parties are,
of course, "sold" on the Socialist compulsory insurance idea, merely
attempting to get support for it by better arguments than their "opponents." This opened the way for a further attack upon individual rights,
the extension of bureaucratic dictatorship and the consequent destruction
of the Common Law. DEFEND THE CONSTITUTION What, then, is to be done to defeat the menace threatening us? The first essential is for responsible members of the community to give a lead by first obtaining a thorough understanding of fundamental Constitutional principles, as a prelude to encouraging their fellows to discuss them. The fundamental issue is merely common sense. No game can be successfully played unless players thoroughly understand the rules of the game and obey them. Society also needs rules, rules which, if generally respected and obeyed, ensure that individuals in free association can make provision for their own independence, knowing in advance exactly what the "rules of the game" are and how they will affect them. The rules must strictly limit and define the power of Government
to the absolute minimum commensurate with the legitimate function
of Government. The League of Rights exists to foster a more widespread understanding of our traditional British Constitutional safeguards as a preliminary to making them effective. No Constitution can survive in the absence of an enlightened public opinion. Such opinion must be immediately fostered. Undoubtedly the most urgent task of all is to rally the entire community to defend the existing Federal Constitution, which stands as a barrier to the policies of the totalitarians. The Identity and methods of the totalitarians attacking our Federal Constitution must be exposed. Persistent educational work is urgently required to make the community "Constitution conscious." Every policy which helps the totalitarians in their attacks upon the Constitution must be exposed and opposed. Having successfully defended the present Constitution and engendered a more widespread understanding of Constitutional safeguards, positive steps can then be taken to frame a new Bill of Rights, which will guarantee that there shall be that British and Christian society in which "they shall sit every man under his own vine and under his fig tree; and none shall make them afraid." |
| Published
by the Australian League of Rights, Box 1052. G.P.O. Melbourne 3001. |