Patriotism and state sovereignty
This is an extract from chapter V of A Preface to Morals. In this piece of writing Walter Lippmann highlights the passage from Church authority to State sovereignty. At that time (first half of the 20th century) the absolute state was dominant much more than in previous ages.
The effects of Patriotism
Modern governments are not merely neutral as between rival churches. They draw to themselves much of the loyalty which once was given to the churches. In fact it has been said with some truth that patriotism has many of the characteristics of an authoritative religion. Certainly it is true that during the last few hundred years there has been transferred to government a considerable part of the devotion which once sustained the churches.
In the older world the priest was a divinely commissioned agent and the
prince a divinely tolerated power. But by the Sixteenth Century Melanchthon,
a friend of Luther's, had denied that the church could make laws binding
the conscience: Only the prince, he said, could do that.
Out of this view developed the much misunderstood but essentially modern doctrine of the divine right of kings. In its original historic setting this doctrine was a way of asserting that the civil authority, embodied in the king, derived its power not from the Pope, as God's viceroy on earth, but by direct appointment from God himself. The divine right of kings was a declaration of independence as against the authority of the church. This heresy was challenged not only by the Pope, but by the Presbyterians as well. And it was to combat the Presbyterian preachers who insisted on trying to dictate to the government that King James I wrote his True Law of Free Monarchy, asserting the whole doctrine of the Divine Right of Kings.
In the Religious Peace of Augsburg an even more destructive blow was struck at the ancient claim of the church that it is a universal power. It was agreed that the citizen of a state must adopt the religion of his king. Cuius regio eius religio. This was not religious liberty as we understand it, but it was a supreme assertion of the civil power. Where once the church had administered religion for the multitude, and had exercised the right to depose an heretical king, it now became the prerogative of the king to determine the religious duties of his subjects. The way was open for the modern absolute state, a conception which would have been entirely incomprehensible to men who lived in the ages of faith.
We must here avoid using words ambiguously. When I speak of the absolute state, I do not refer to the constitutional arrangement of powers within the state. It is of no importance in this connection whether the absolute power of the state is exercised by a king, a landed aristocracy, bankers and manufacturers, professional politicians, soldiers, or a random majority of voters. It does not matter whether the right to govern is hereditary or obtained with the consent of the governed. A state is absolute in the sense which I have in mind when it claims the right to a monopoly of all the force within the community, to make war, to make peace, to conscript life, to tax, to establish and disestablish property, to define crime, to punish disobedience, to control education, to supervise the family, to regulate personal habits, and to censor opinions. The modern state claims all of these powers, and, in the matter of theory, there is no real difference in the size of the claim between communists, fascists, and democrats.
There are lingering traces in the American constitutional system of the older theory that there are inalienable rights which government may not absorb. But these rights are really not inalienable because they can be taken away by constitutional amendment.
There is no theoretical limit upon the power of the ultimate majorities which create civil government. There are only practical limits. They are restrained by inertia, and by prudence, even by good will. But ultimately and theoretically they claim absolute authority as against all foreign states, as against all churches, associations, and persons within their jurisdiction.
The victory of the civil power was not achieved everywhere at the same time. Spasmodically, with occasional setbacks, but in the long run irresistibly, the state has attained supremacy. In the feudal age the monarch was at no time sovereign. The Pope was the universal law-giver, not only in what we should call matters of faith, but in matters of business and politics as well. As late as the beginning of the Seventeenth Century, Pope Paul V insisted that the Doge of the Venetian Republic had no right to arrest a canon of the church on the charge of flagrant immorality. When, nevertheless, the canon was arrested, the Pope laid Venice under an interdict and excommunicated the Doge and the Senate. But the Venetian Government answered that it was founded on Divine Right; its title to govern did not come from the church. In the end the Pope gave way, and "the reign of the Pope," says Dr. Figgis, "as King of Kings was over."
It was as a result of the loss of its civil power that the Roman Church evolved the modern doctrine of infallibility. This claim, as Dr. Figgis points out, is not the culmination but the (implicit) surrender of the notions embodied in the famous papal bull, Unam Sanctam. The Pope could no longer claim the political sovereignty of the world; he then asserted supreme rights as the religious teacher of the Catholic communion. “The Pope, from being the Lord of Lords, has become the Doctor of Doctors. From being the mother of states, the Curia has become the authoritative organ of a teaching society.”
The Dissolution of a Sovereignty
Thus there has gradually been dissolving the conception that the government of human affairs is a subordinate part of a divine government presided over by God the King. In place of one church which is sovereign over all men, there are now many rival churches, rival states, voluntary associations, and detached individuals. God is no longer believed to be a universal king in the full meaning of the word king, and religious obedience is no longer the central loyalty from which all other obligations are derived.
Religion has become for most modern men one phase in a varied experience; it no longer regulates their civic duties, their economic activities, their family life, and their opinions. It has ceased to have universal dominion, and is now held to be supreme only within its own domain. But there is much uncertainty as to what that domain is. In actual affairs, the religious obligations of modem men are often weaker than their social interests and generally weaker than the fiercer claims of patriotism. The conduct of the churches and of churchmen during the War demonstrated that fact overwhelmingly. They submitted willingly or unwillingly to the overwhelming force of the civil power.
Against this force many men claim the right of revolution, or at least the right of passive resistance and conscientious objection. Sometimes they base their claims upon a religious precept which they hold sacred. But even in their disobedience to Caesar they are forced to acknowledge that loyalty in the modern world is complex, that it has become divided and uncertain, and that the age of faith which was absolute is gone for them. However reverent they may be when they are in their churches, they no longer feel wholly assured when they listen to the teaching that these are the words of the ministers of an heavenly king.