John W. Burgess (1844–1931)

John Burgess short 1923 booklet provides some of the clearest thinking about and descriptions of the current ‘left-right’ political battles that I have ever found; and I’ve done a lot of reading trying to clear my own thinking. It was produced by one of the foremost scholars of U.S. Constitutional History, Law, and Political Science.

Burgess gives an outline of his theory of political science along the lines of meta-ethics, in that he outlines the ‘givens’ that comprise our theory of government. The parts of his outline are: 1) the freedom of the individual from the powers of government; 2) a government of laws not of men; 3) the supremacy of local government; 4) no rights for the governors to or from their positions; 5) an indivisible government; 6) absolutely independent of foreign governments. No summary can be adequate, and to fully understand his meanings, you have to read the book.

There is an interesting digression in which he discusses his view of Teddy Roosevelt’s personality and politics, that point of view influenced by his view of Roosevelt as one of his former students. Also in his attack on the income tax, he predicts it might “…result in governmental control of religion, philosophy, science, thought and artistic feeling…” Added to this, he sees the danger of the draft or forced military service, the Espionage Act of 1917, and the dangers of the ‘nanny state’ as demonstrated in Prohibition.

While some of Burgess’ arguments are dated or over-detailed; his conclusion is clear, stark, and frightening. The only solution he can suggest is that of Constitutional Conventions and Amendments. To any who are involved in the struggle against growing government power, being aware that we are now more than 80 years down the slippery slope that he warns against, I have as yet found no book that I can more recommend.… (mais)

John Burgess published this analysis in 1915, three years after his retirement as an active professor of law at Columbia University. While Burgess taught Law, he is also considered a strong influence in founding the discipline of ‘political science’. He viewed Government and Liberty as in struggle, and that struggle had occupied much of the history of mankind. He felt that the U.S. was straying from his vision of its original role in that struggle, and was attempting to bring attention to the study of the issues involved in that arena.

As he described it in his Introduction, the study “…must be made for the mass of men as brief and concise as possible.” But his report in this work goes around the globe and from ancient Greece forward, and he fails in his stated effort. He would try again, perhaps more successfully, with his 1923 work “Recent Changes in American Constitutional Theory”.

The clutter and broad spread of the overall work should not detract from the value of his observations about the United States. He sees three systems as most important to our liberty: the system of various “independent governments…” (local, state, and federal) none of which is "…regarded as an Agent of the other”; the system(s) involved in electing those governments; and the system of the separating powers (legislative, executive, and judicial). The danger he sees is that of an all-powerful federal government, growing since 1898, and enhanced by the income tax amendment.

Burgess tries to present information to force a searching of the American soul with a goal of helping us to advance in “the true direction” which has liberty as both “…end and means” while government is “…only means” to that end. Many of his observations of things like the emerging cries for ‘social justice’ are early and unique to himself; but the overall work introduces too much material to be useful to any but the most intense student. My recommendation to any others who might be interested is that you only scan the work, and read carefully the chapter on the United States.… (mais)