On Open Doors and Isolation

When one approaches the literature that has accumulated over the years about the 1920s, it is found that narrow templates and hostile stereotypes have been allowed to define the decade. This is not honest scholarship, especially when those definitions are passed down as the final word on the matter. Repeating approved doctrines deprive us and future generations of the wealth of insight taught by the Coolidge era. By skipping over Coolidge far too many refuse to acknowledge that a profound and successful political philosophy exists outside the limits and failures of the “New Deal” and all of its legislative offspring. The 1920s are simply not worth studying, it is asserted, because they were an era of greed, hyper-capitalism, “underconsumption,” American isolationism and worship of “big business” (as if none of those conditions ever existed in the administration that swept to office in 1932). Any attempt to return to the primary sources and reappraise the time period is simply “reactionary” or “revisionist,” as if Schlesinger and the long train of “historians” after him were merely reporting the facts without a shred of bias for the policies of F. D. R.

Chief among those accepted templates forced onto the 1920s are: (1) Isolationism and (2) Alliance with “Big Business.” A return to the original sources written by those who developed policy and implemented it during the Harding and Coolidge years, such simplistic frames of reference do not hold. A fascinating letter written to President Coolidge by none other than Secretary of State Charles Evans Hughes, on November 8, 1923, illustrates a far different policy underway at the time. Secretary Hughes is explaining the distinct difference of America’s “Open Door Policy” regarding America businesses abroad. The President’s approach, expressed in giving complete confidence to his Secretary to direct the Department, makes clear that Hughes was acting entirely with Coolidge’s authority.

Secretary Hughes writes, “From time to time there has been some dissatisfaction expressed in business circles because this Department’s attitude toward American business interests in the foreign field differs somewhat from the attitude in similar matters of the British, French and other European governments. The latter are not loath to interfere politically in support of the business interests of their nationals to a degree which is not followed by this Department.” Hughes was articulating an avowed refusal to thrust American businesses on other countries to the chagrin of several of our own businessmen, despite the potential fallout at the polls. He goes on, “Our position is that we are always ready to give appropriate support to our nationals in seeking opportunities for business enterprise abroad, but we do not undertake to make the government a party to the business negotiations or use political pressure for the benefit of private interests in order to obtain particular concessions, or intervene in favor of one American interest as against another. We are persistent in our efforts to maintain the open door policy, or equality of commercial opportunity, but we do not attempt to assume obligations for the government, expressed or implied, which under our system we could not undertake to discharge.” The open door was not for forcing American business on the world, it was for other nations to maximize opportunity for commerce without government favoritism, ours or theirs.

The Turkish government’s patronage of national petroleum companies was closing that open door for opportunity and hindering a free market. Instead of deploying the pressure of politics, however, the Coolidge administration strove to keep that door open to any and all, without negotiating favoritism for American businesses. It was the exact opposite of what Burton Folsom calls “political entrepreneurship.” Under this policy, “big business” had no special advantages to get established overseas. There were no “secret deals” between government and business with Hughes at the helm. Businesses were to approach one another and negotiate as equals with the strength of their own resources and if they failed to persuade foreign investors, the door remained open for someone else to succeed without government there to “strong-arm” a deal.

Disappointing as it was for some in business, Hughes commended the advantages of keeping the door open. “American companies which might prefer a policy of more direct interference on their behalf by the government are inclined, in my opinion, to overlook the fact that American prestige and reputation for fairness has been enhanced, and consequently business opportunities of our nationals have been increased, by the correct policy which this government has followed. I find that in many parts of the world, American business is welcomed largely because foreign countries realize that they can deal with American interests on a business basis without fearing political complications.” The “political intrigues” and “difficulties” that would ensue through closing the door to opportunity, whether by rewarding favored companies or by punishing undesirable industries, vindicates the wisdom of this policy.

The conferences that pervaded the decade on a host of foreign relations problems combined with the direct lines of friendship rebuilt by men like Dwight Morrow in Mexico, Charles Dawes and Frank B. Kellogg in Europe, Henry Stimson in Nicaragua and the Philippines, Sumner Welles and Secretary Hughes toward the Latin American states and many others help to correct the grossly mistaken belief that America retreated from the world under Coolidge. It was as involved as ever. Instead of embracing aggression and propaganda as its weaponry, however, these leaders of the Coolidge era demonstrated what patience, impartiality, service and understanding, with the resolve to protect America’s ideals, can accomplish.

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On Judges

The announcement by the Court’s majority yesterday in United States v. Windsor broadcasts a fundamental departure from the proper role of judges. As Justice Scalia forecasts in his dissent, this is a judicial majority which is willfully abandoning the limited authority granted in Article III of the Constitution. It is an attempt to grasp the power of deciding abstract issues, instead of cases, with nothing but the policy preferences of five individuals. It is only a matter of time before their casual reference to federalism disappears and the Court “drops the other shoe,” building on this precedent to dictate to all situations what “democratically adopted” laws meet with the Court’s approval. This is not mere judicial review of Congressional acts, like in the past. This is exercising an authority to determine outcomes based on nothing more than whether they accord with the political views and social sympathies of community activists wearing robes. The language of law merely covers this assumption of control.

The Court’s majority is so lost when it comes to what judges are supposed to be doing that those who do not agree with their predetermined conclusion are branded as hate-filled homophobes with a “bare…desire to harm,” “disparage,” “injure,” “demean,” “impose inequality” and a “stigma,” denying “equal dignity,” branding same-sex couples as “unworthy,” and to “humiliate” their children. Such absurd accusations have no place being uttered by the highest Court in the land. As Justice Scalia observes, it is the Court’s majority behaving in so prejudicial and demeaning a fashion with this kind of rhetorical venom masquerading as legal authority. So much for a judge’s duty to impartially and “blindly” apply the appropriate law to the facts of each case that comes before it.

The Court is exercising a power greater than mere legislators when the future of law depends upon what a majority feels like allowing Congress, the states, individuals and other “enemies of the human race” to pass in future. It is precisely why the Founders wisely separated the judiciary from the executive and legislative powers. Now the Court’s majority seeks to return to a time when absolute sovereigns determined what law is and when it applied…to subjects. To some, this decision is a victory for “equality,” but when results are chosen after removing Justice’s blindfold by judges who do not accept their role as impartial triers of facts, no one’s liberties are secure any longer. It is the basis for equality, an equality under law, that has lost.

It is significant that a growing public opposition to the courts and a disrespect for the rule of law, not unlike now, was unfolding when Calvin Coolidge spoke these words in Boston, January 7, 1914, “Men do not make laws. They do but discover them. Laws must be justified by something more than the will of the majority. They rest on the eternal foundation of righteousness…Courts are established, not to determine the popularity of a cause, but to adjudicate and enforce rights. No litigant should be required to submit his case to the hazard and expense of a political campaign. No judge should be required to seek or receive political rewards…The electorate and judiciary cannot combine. A hearing means a hearing. When the trial of causes goes outside the court-room…constitutional government ends.”

Ten years later, he was observing the danger of using legal language to justify the assumption of power at the expense of liberty, “The Constitution of the United States has for its almost sole purpose the protection of the freedom of the people. We must combat every attempt to break down or to make it easy, under the pretended guise of legal procedure, to throw open the way to reaction or revolution. To adopt any other course is to put in jeopardy the sacred right to life, liberty, property, and the pursuit of happiness.”

He would reiterate the Constitution’s soundness into modern time, providing for stability as well as amendment. The course to amend, though deliberately long (to ensure the people consent to its changes), is ever open to those who seek improvements. It is not the place of the courts to amend it by judicial rule. “Our Constitution has raised certain barriers against too hasty change. I believe such provision is wise. I doubt if there has been any change that has ever really been desired by the people which they have not been able to secure. Stability of government is a very important asset. If amendment be made easy, both revolution and reaction, as well as orderly progress, also become easy. The nation has lost little, but has gained much, through the necessity of due deliberation. The pressing need of the present day is not to change our constitutional rights, but to observe our constitutional rights.

“A deliberate and determined effort is being made to break down the guarantees of our fundamental law…In this contest there is but one place for a real American to stand. That is on the side of ordered liberty under constitutional government…The time for Americans to range themselves firmly, squarely, and uncompromisingly behind American ideals is now…Those who want to continue to enjoy the high estate of American citizenship will resist all attempts to encroach upon their liberties by encroaching upon the power of the courts.”

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On Equality

When Coolidge spoke of the “American ideal” being that of equality, he had something very distinctive in mind. He was not talking about a communal utopia with perfect conformity, no property ownership, no borders, no religious, political or economic disparities. He was not endorsing our current slavery to “political correctness,” where any sensible standards of behavior, speech or thought deemed “insensitive” or “offensive” to someone somewhere sometime must be repeatedly apologized for and repaid with deserved ostracism. He lived in reality. He was not self-deluded or so naive to feel an equality of outcome was both possible or desirable in the real world. We are all equal before our Creator, but to expect an equality of results, especially built on the shifting sands of our morally confused culture, is the height of self-deception.

Coolidge understood that equality is only possible with fixed standards of conduct, established by our traditions, our customs and our morality. Without being anchored in Christ’s standard: treating each person as we would expect to be treated in mutual respect with God-given value, we are powerless against every cultural wind pulling us here and there. We are experiencing that anchor-less existence now, groping for some kind of authority that will take the place of what we have discarded.

When Coolidge spoke of equality, he had something more essential that the superficial differences of appearance, gender, upbringing. It was an appeal to rise above the artificial and work to attain higher standards. “Not that all are equal in degree, — there are differing glories, as of sun, and moon and stars, — but all are equal in kind, tolerating no class distinction, no privilege, save that which comes from service; no plutocrat, no proletariat, no authority, save that which is derived from the consent of the people.”

The George Orwell description of socialism as “equality, with some more equal than others,” was repugnant to Coolidge not because we all deserved to share equally in stuff, or we all deserved to be equally miserable. Coolidge knew the victim mentality was destructive, always empowering a few to use authority in fostering dependence and eroding self-reliance. The American ideal was a society built on the merit of service, not the authoritarian enforcement of what the people must accept as normal, fair or for their own good. The basis for equality under law is not dispensed by government, it comes from the consent of the governed. Anything less will always fail.

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“The sovereignty of the people means the sovereignty not of a self-selected few. It means the supremacy of the matured convictions of all the people. Our franchise is not granted to class or caste. It is the acquired right of all Americans.”