Montesquieu defined a ‘republic’ as a form of government open to the public. Article 4, section 4, of the US Constitution requires the federal government to “guarantee” to the states a republican form of government. But I cannot square the “public” government idea with the current American system, can you? The US political system more resembles a private sports league, like the NFL or MLB.
When the Constitution was ratified, there were no political parties. There were factions, of course, but not formal parties. It didn’t take long for parties to form, but parties were pretty fluid until the Civil War. Even then, various parties popped up from time to time.
But since World War II, the very idea of a “third party” has been treated akin to calling for a civil war. Advocates of new political parties are treated like traitors. State and federal election laws make it nearly impossible for any party to compete with the Democrat - Republican duopoly.
Rather than a republic, I think we have sports league. This league has two divisions, Republican and Democrat. Players get drafted to compete within one or the other party, and every four years, the best of the each party meet in a political championship match. The winner gets to be president for four years.
Now, you probably think that professional sports leagues are “public” enterprises, in that the public is invited to pay money to watch them online or in person. But they’re not really public. The money, the power, and the rules are all controlled by a private entity. Fans might want the NFL to make the games more interesting, but the NFL’s board of governors (aka, owners) gets the final say.
How different is that from the USGL: The United States Government League? The league invites people to watch, send money, and even “vote” for their favorite politicians like all-stars. But the league has the final say on who actually plays in the game. The league—or its parties—also decide who can be on the ballot, just like all-star voting in sports.
In a true republic, anyone could compete for any position with no party-affiliation required. But that’s not what’s going in the United States today. Donald Trump upset the league by, basically, showing up as a walk-on to the Republican training camp and somehow making the team before the coaching staff and front office could figure out what to do about him. He became an instant fan favorite, and, even though he was clubhouse problem, management refused to cut him for fear of losing their fan base.
But after one championship season (the USGL competes in 4-year seasons, remember), the Republican team’s brass had enough. They would rather finish last for a decade than put up with this hotshot’s antics for another season. So they helped rig the fan balloting, and they’d gladly do it again.
That sounds like a private league, to me. Which means the federal government has failed the Guarantee Clause of the Constitution. Which means the states are no longer bound by the Constitution. Which means the union is already dissolved. The fact that states continue to pretend the union exists is akin to a couple that gets divorced but continues to share the same bed.
Now, it’s time for responsible state legislatures to inform Washington that they are exercising their rights to remedy for breach of contract by forming a new government that, as Jefferson wrote,
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
As Missouri’s legislature prepares for the next session in January, I hope some of its members will take up this cause.