The
Legitimate Role of Government
in a Free Society
By Walter E. Williams
John M. Olin, Distinguished Professor of
Economics
George Mason University
What did the founders of the United States see
as the legitimate role of government? To answer
that question we should turn to the rule book they
gave us: the United States Constitution. Most of
what they considered legitimate functions of the
federal government are found in Article I, Section
8 of our Constitution, which says, in part: "The
Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and
provide for the common Defense and general Welfare
of the United States . . . To borrow Money on the
credit of the United States . . . To regulate
Commerce with foreign Nations, and among the
several States, and with the Indian tribes . . . To
coin money . . . To establish Post Offices and post
Roads . . . To raise and support Armies." The
framers granted Congress taxing and spending powers
for a few other activities, but nowhere in the
Constitution do we find authority for up to
three-quarters of what Congress taxes and spends
for today. There is no constitutional authorization
for farm subsidies, bank bailouts, or food
stamps-not to mention midnight basketball. We have
made a significant departure from the
constitutional principles of individual freedom and
limited government that made us a rich nation in
the first place. These principles of freedom were
embodied in our nation through the combined
institutions of private ownership of property and
free enterprise, both of which have suffered
devastating attacks and are mere skeletons of what
they were in the past.
The Social Value of
Private Property and Free Enterprise
Private Property performs at least two important
social functions: it encourages people to do
voluntarily what is in the social interest, and it
minimizes the coercive power that one man or the
state can have over another. And it performs these
functions without appeals to beneficence.
I do not care much about future generations.
After all, what has a child born in 2050 A.D. ever
done for me? My actions, however, do not reflect
this personal sentiment. Several years ago I
planted young trees on my property and made other
improvements. I will be dead by the time the trees
mature. A child born in 2050 A.D. will enjoy the
fruits of my sacrifices. I could just as easily
have spent the money for steaks and fine Bordeaux
wine, which I would have fully enjoyed all to
myself. Why did I make these improvements to my
property? At least part of the reason is that I
will get a higher price when I sell the property if
its quality is higher and it can be expected to
provide housing services for a longer period of
time. By pursuing my own interest, I made it
possible for future generations to have a nice
house. Would I have had the same strong incentive
if the government owned my house? Obviously not.
Look around the world: you will see that what
receives the least care tends to be commonly owned;
that which receives the best care tends to be
privately owned. In free markets one's personal
wealth is held hostage to socially responsible
behavior. To take another example, the citizens of
New York derive their daily meals not from the
benevolence of the Missouri farmer (who may in fact
hate New Yorkers) but because it is in his own
private self-interest to supply them. Most things
get done because of self interest and private
property rights.
The Founders understood that relatively free
markets are the most effective form of social
organization for promoting individual freedom.
Indeed, capitalism is defined as a system wherein
individuals are free to pursue their own interests,
make voluntary exchanges, and hold private property
rights in goods and services. Much of the original
intent of the United States Constitution, as seen
in the document itself and in the Federalist Papers
that advocated its ratification, was to bring about
a climate in which this kind of social organization
could occur.
In a free society, most relationships should be
voluntary, and involuntary exchange should be
minimized. Widespread private control and ownership
of property is consistent with this objective.
Despite the size and alleged power of industrial
giants like IBM, AT&T, and General Motors, in a
free market they cannot get a dollar from me unless
I volunteer to give it to them. Widespread
government ownership and/or control of property is
the antithesis of voluntary exchange. Government is
the major source of forced exchanges, the most
prominent of which is taxation.
A Totalitarian
Future?
Anything that weakens the institution of private
property interferes with the attainment of the
socially desirable outcomes just described. Taxes
represent government claims on private property. As
taxes rise, you own less and less of what you earn.
If the tax rate were ever to reach 100 percent, the
government would have destroyed private property,
and you would own none of what you had earned. Keep
in mind that a working definition of slavery is
that you work but do not have any rights to the
fruit of your labor. Taxation and regulation
constitute the confiscation of some or all of the
freedom to own and use property. This confiscation
has reached unprecedented proportions. In 1902
expenditures at all levels of government totaled
$1.7 billion, and the average taxpayer paid only
$60 a year in taxes. In fact, from 1787 to 1920,
federal expenditures never exceeded 4 percent of
the Gross National Product (GNP), except in
wartime. Today federal expenditures alone are $1.8
trillion-almost 30 percent of GNP-and state and
local governments spend over a trillion more. The
average taxpayer now pays more than $8,000 a year,
working from January 1 to May 8 to pay federal,
state, and local taxes. In addition to the
out-of-pocket cost, Americans spend 5.4 billion
hours each year complying with the federal tax
code-roughly the equivalent of 3 million people
working full time. If it were employed in
productive activity, the labor now devoted to tax
compliance would be worth $232 billion annually.
The federal cost of hiring 93,000 IRS employees is
$6 billion. If these Americans weren't fooling
around with the tax code, they could produce the
entire annual output of the aircraft, trucking,
auto, and food-processing industries
combined.
In spite of the tax burden, capitalism has been
so successful in eliminating disease, pestilence,
hunger, and gross poverty that other human problems
now appear both unbearable and inexcusable. Free
enterprise thus is threatened today not because of
its failure but, somewhat ironically, because of
its success. Although the rise of capitalism
brought better treatment to women, racial
minorities, the handicapped, criminals, and the
insane, social reformers assert that "it doesn't
work" and "is dehumanizing." In the name of ideals
such as income equality, sex and race balance,
affordable housing and medical care, orderly
markets, consumer protection, and energy
conservation, to name just a few, we have imposed
widespread government controls that have
subordinated us to a point at which considerations
of personal freedom are but secondary or tertiary
matters. If you take tiny steps toward a goal, one
day you will get there, and the ultimate end of
this process is totalitarianism, which is no more
than a reduced form of servitude. As David Hume
said, "It is seldom that liberty of any kind is
lost all at once."
In the vanguard of this totalitarian movement
are defenders of the "new human rights," the chief
advocates of curtailing rights to property and
profits. They are anti-competition and
pro-monopoly. They support control and coercion by
the state. They believe that they have more
intelligence and wisdom than the masses and that
they are ordained to impose that wisdom forcibly on
the rest of us. They want to replace the market
with economic planning, which is nothing more than
the forcible superseding of other people's plans by
a powerful elite. Of course they have what they
call good reasons, but every tyrant has what he
calls a good reason for restricting the freedom of
others.
The elites' assault on the principles of freedom
would have been less devastating had not Americans
from all walks of life, whether they realized it or
not, demonstrated a deep and abiding contempt for
private property rights and economic freedom that
stemmed primarily from their desire for government
to do good. They decided that government should
care for the poor, the disadvantaged, the elderly,
failing businesses, college students, and many
other "deserving" segments of our society. It's
nice to do those things, but we have to recognize
that government has no resources of its own.
Congressmen and senators are not spending their own
money for these programs. Furthermore, there is no
Tooth Fairy or Santa Claus who gives them the
resources. The only way the government can give one
American one dollar is to confiscate it first,
under intimidation, threats, and coercion, from
another American. In other words, for government to
do good, it must first do evil. If a private person
were to do the things that government does, he
would be condemned as a common thief. The only
difference is legality, and legality alone is no
talisman for moral people. This reasoning explains
why socialism is evil. It uses bad means (coercion)
to achieve what are seen as good ends (helping
people).
From Good Intentions to
Corruption
Government was not long in the business of doing
good before Americans found they could use
government to live at the expense of other
Americans, both through the tax code and through
"privilege granting," a government activity that
dates back to medieval times in Europe, where
guilds and mercantile associations controlled trade
in their particular areas. With a payment to the
king or a reigning lord they were granted monopoly
privileges. In modern times, we have the
equivalent; we just call them political
contributions. Almost every group in the nation has
come to feel that the government owes it a special
privilege or favor. Manufacturers feel that the
government owes them protective tariffs. Farmers
feel that the government owes them crop subsidies.
Unions feel that the government should keep their
jobs protected from non-union competition.
Residents of coastal areas feel that the government
should give them funds for rivers and harbors.
Intellectuals feel that the government should give
them funds for research. The unemployed and the
unemployable feel that the government owes them a
living. Big business feels that the government
should protect them from the rigors of market
competition. Members of almost every occupation,
profession, or trade feel that the government
should use licensing requirements and other forms
of regulation to protect their incomes from
competition that would be caused by others entering
the trade.
Conservatives are by no means exempt from this
practice. They rail against food stamps, legal aid,
and Aid to Families with Dependent Children, but
they come out in favor of aid to dependent farmers,
aid to dependent banks, and aid to dependent
motorcycle companies. They don't have a moral leg
to stand on. They merely prove to the nation that
it is just a matter of whose ox is being gored.
Conservatives as well as liberals validate H. L.
Mencken's definition of an election: " . . .
government is a broker in pillage, and every
election is a sort of advance auction sale of
stolen goods." To the extent he was right, we must
acknowledge that we, not the politicians, are the
problem.
The Way
Back
Our government has become destructive of the
ends it was created to serve. John Stuart Mill, who
wrote the classic text On Liberty, said, in
discussing the limits of government power, "(T)he
only purpose for which power can be rightfully
exercised over any member of a civilized society,
against his will, is to prevent harm to others. His
own good, either physical or moral, is not
sufficient warrant." Mill added, "He cannot
rightfully be compelled because it would be better
for him to do so . . . because it will make him
happier" or because, in the opinion of others, "to
do so would be wise, or even right." Finally, Mill
said, "These are good reasons for remonstrating
him, or persuading him, but not for compelling him,
or visiting him with an evil in the case he do
otherwise."
We have gone much further than what Mill and
John Locke argued are the limits to coercion in a
free society. Part of the problem is that the
Constitution contains little language explicitly
protecting economic rights. We must find a way to
set a limit on what Congress can take from us. It
should take the form of a constitutional amendment
limiting peacetime federal spending to a specific,
lower percentage of the Gross Domestic Product. If
we can't get Congress to pass such an amendment, we
should reconvene the constitutional convention for
the narrow purpose of a spending-limitation
amendment. I know that a lot of people fear the
dangers of a runaway convention, but I take a
position similar to that of Mae West, who said,
"When choosing between two evils, I like to try the
one that I've never tried before."
If the Founders were to come back to today's
America, I think they would be very disappointed in
our choice to accept what we see as safety in
exchange for liberty. But I would also say that it
is not too late for us to wake up and respond to
the erosion of our liberties. Americans have never
done wrong things for a long while. But we must get
about the task of putting government back where our
Founders intended while we have the liberty to do
so.
Walter E. Williams received his doctorate from the
University of California-Los Angeles in 1972 and
has been the John M. Olin Distinguished Professor
of Economics at George Mason University since 1980.
He has been chairman of the economics department
since 1995. For his work as one of the nation's
best-known and most outspoken free market
economists, he has received numerous honors,
including the George Washington Medal of Honor from
the Freedoms Foundation, the Adam Smith Award from
the Association of Private Enterprise Education,
the Heartland Institute Award for Outstanding
Journalism, and a place on the Templeton Honor
Rolls for Education in a Free Society. Despite the
fact that he has volunteered much of his free time
to serve on the advisory boards of numerous
nonprofit organizations, including the National
Foundation for Teaching Entrepreneurship to
Handicapped and Disadvantaged Youth, Dr. Williams
has written 110 published articles and book
chapters, and six full-length books: The State
Against Blacks; America: A Minority Viewpoint; All
It Takes Is Guts; South Africa's War Against
Capitalism; Do the Right Thing: The People's
Economist Speaks; and More Liberty Means
Less Government.
Reprinted by permission from IMPRIMIS, the
monthly speech digest of Hillsdale College
(www.hillsdale.edu).
Feel free to respond to this article in
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