A Republic, If You Can Keep It

The Freedom Files №3

A 1754 political cartoon by Benjamin Franklin urging the American colonies to join the French and Indian War; the cartoon later became an iconic symbol in support of the American Revolution.

Benjamin Franklin was leaving Independence Hall in Philadelphia just after the Constitutional Convention had concluded on September 17, 1787. The wife of Philadelphia’s mayor, Elizabeth Willing Powel, stopped Franklin and inquired, “Well Doctor what have we got, a republic or a monarchy?” Franklin replied, “A republic, if you can keep it.”

What we call the United States’ form of government has been a topic of debate since its founding. Some argue we have a republic. Some argue we have a democracy. Some argue we have a constitutional federalism that separates powers between three branches of government and between federal, state, and local governments and the people. There is some truth in each of these answers — but it is the combination of all of them that truly defines America’s nuanced and exceptional approach. Arguing we have a constitutional federal republic with a system of representative democracy and a separation of powers among branches and levels of government does not easily fit on a meme and does not bait arguments like exclaiming America is “absolutely a republic” or “absolutely a democracy.” America is both AND more.

Sometimes the easiest way to define something is by first understanding what it is not. Winston Churchill famously said in a speech to the British House of Commons in 1947, “Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except for all those other forms that have been tried from time to time.” What are the other forms of government that we know from history are worse than democracy? When we are looking to insult our fellow Americans and their differing political views, we often label them a Fascist, or a Communist, or a Christian Nationalist, depending on what views they are advocating. What is fascinating to me is that Fascism, Communism, and Theocracy have way more in common with each other than any of them do with our American form of government. Let’s define them and their commonalities.

On the surface and in theory, Fascism, Communism, and Theocracy sound quite different:

• Fascism: A government where one leader has total control, uses military force to crush opponents, and pushes extreme national pride.
• Communism: A government where the state owns everything and tries to make everyone equal by eliminating private property.
• Theocracy: A government run by religious leaders where laws are based on religious teachings, and that one religion has control over the state.

So, what do they have in common with each other, especially in practice, that is quite different from our government? The biggest commonality is the concentration of power. All three forms of government concentrate power in the hands of a single ruler or a small group of rulers, leading to authoritarian rule and violations of individual rights and freedoms. Or as the British historian Lord Acton famously wrote, “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.” In these tyrannical forms of government, despite some of their lofty ideals, there is almost always:

• Suppression of Dissent: opposing views are often suppressed through censorship, propaganda, imprisonment, or violence. This ensures that the ruling power maintains control without challenge from political opponents or the general populace.
• State Control Over Society: Whether through political, economic, or religious means, these governments exert significant control over various aspects of society, including the economy, education, media, and public discourse.
• Ideological Indoctrination: Each system uses its dominant ideology (nationalism in Fascism, class equality in Communism, religious doctrine in Theocracy) to justify its rule and to indoctrinate the population, often starting from a young age.
• Limited Personal Freedoms: Individual liberty is often restricted, including freedom of speech, press, religion, and assembly. The state dictates acceptable behavior, beliefs, and practices.
• Use of Propaganda: All three systems commonly use propaganda to shape public opinion, glorify the state and its rulers, and demonize perceived enemies or outsiders.
• Persecution of Minority Groups: Minority groups or those who do not conform to the dominant ideology are often persecuted, marginalized, or eliminated. This can include ethnic, religious, political, or social groups.
• Control Over the Economy: While the extent varies, all three systems involve significant government control over the economy. In Communism, the state controls all means of production; in Fascism, the state heavily influences private enterprises; in Theocracy, economic policies may be dictated by religious principles.
• Cult of Personality: Rulers in these systems are often demagogues elevated to a near-divine status, with their image and ideology becoming central to the state's identity. You can see this in Mao, Stalin, Hitler, Mussolini, Ayatollah Khomeini, and many other more modern examples.
• Militarization of Society: These governments often maintain a strong military presence, using it to enforce their rule both domestically and internationally. In Fascism, this is tied to nationalism; in Communism, to the defense of the revolution; in Theocracy, to the defense of religious principles.

If you wanted to create a government that protects against all of these violations of freedom and is the opposite of Fascism, Communism, and Theocracy, it would need to include key principles and structures that ensure separation and decentralization of power, the rule of law, protection of individual rights — like freedom of religion, speech, and to keep and bear arms, pluralism, free and fair elections and trials, economic freedom, freedom of the press, and a civilian controlled, all-volunteer military that focuses on external defense. What you would end up creating is the American form of government — enshrined in our U.S. Constitution — which is the greatest bulwark against tyranny.

My favorite quote that summarizes the American form of government comes from the majority Supreme Court opinion of Justice Robert Jackson in the case West Virginia State Board of Education v. Barnette (1943). West Viriginia law required public school students to salute the flag and recite the Pledge of Allegiance. Jehovah's Witnesses, whose religious beliefs forbade such actions, challenged the law, arguing that it violated their First Amendment rights.

Justice Jackson, writing for the majority, stated:

"If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us."

Publius