Civil Disobedience: Citizens Pushing Back
This American government — what is it but a tradition, though a recent one, endeavoring to transmit itself unimpaired to posterity, but each instant losing some of its integrity? It has not the vitality and force of a single living man, for a single man can bend it to his will.
— Henry David Thoreau, “Civil Disobedience”
Democracy isn’t a machine — it’s a dance. And as much as we all admire Thomas More’s famous speech in A Man for All Seasons
— “I’d give the Devil the benefit of the law, for my own safety’s
sake!” — the fact is we ignore the law all the time: Sammy Hagar can’t
drive 55, and I have a sneaking suspicion that many bartenders receiving
cash tips do not report every last penny to the IRS. The people we
elect to represent us come to believe that they are there to rule us,
and we push back against being ruled, sometimes in penny-ante ways,
sometimes more dramatically, as with the recent outburst of civil
disobedience in Washington, D.C., where veterans and other righteously
cheesed-off citizens tore down the barricades surrounding our national
monuments and deposited them in front of the White House, as excellent a
gesture of the American spirit as our increasingly docile nation has
seen in years.
Every American has a little sedition in his soul, and this is a very good time to give it free rein.
There is a finely calibrated bargain at the heart of a
republic: Citizens have a duty to obey the lawful and legitimate
mandates of the government, including those with which they disagree,
and the government has a duty to see to it that its actions are lawful
and legitimate. The people have an obligation to be prudent and
circumspect about engaging in civil disobedience, and the government has
a responsibility to be scrupulous with its powers. That contract has
been violated by the White House.
The Obama administration, which already had a well-established reputation for taking a largely arbitrary attitude toward the rule of law, has sunk further in the public’s estimation with its unnecessary, unjustified, and possibly illegal
campaign to use the shutdown as an excuse to harass citizens for the
sake of political theater. The barricading of monuments in our nation’s
capital is neither lawful nor legitimate. It is far from clear that the
administration has the legal authority to evict Americans from public
spaces, it is crystal clear that there is no real reason for it to do so
in a great many cases, and it is more than clear that its reasons for
doing so have nothing to do with public safety or financial necessity.
It is a guiding principle of government ethics that using public
resources for political purposes is not only wrong but categorically
wrong. It is a serious breach of the public trust. When the government
is taking actions that are self-evidently wrong, it is right and proper
for the people to push back.
When the mayor of Blount County, Tenn., protests the
closing of a school-bus route passing through the Great Smoky Mountains
National Park, citing the Declaration of Independence and warning the
feds not to “push the people to the line,” he is carrying on a great
American tradition, as are the “trespassers” — as if we could trespass
on our own land — who tweeted mocking photos from Gettysburg captioned
“Catch us if you can.” And civil disobedience does not have to be
destructive or disruptive: Outlaw maintenance man
Chris Cox has been mowing grass and clearing leaves across the District
of Columbia. And the Park Service peon who fined a jogger $100 for
running through Valley Forge — as open and public a space as you will
find — is exactly the sort of officious little nobody that it is our
national duty to keep far away from even that modest position of power.
Mark Steyn’s indictment — that the Park Service “has spent the last two
weeks behaving as the paramilitary wing of the DNC” — is precisely
right. Once this is over, the Park Service should be made to answer some
uncomfortable questions in front of Congress about the origins of its
orders and the principles guiding its actions. Heads should roll.
Since the administration has seen fit to provide the
public with an ample supply of barricades, it would be an excellent
thing if the angry crowds marching in Washington this week would use
them to surround the White House and show President Obama what a
shutdown really is. If the president wants shutdown theater, he
shouldn’t get to have the stage to himself — we have a cast of
thousands.
It’s a dance — but we can never let them forget who leads.
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