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Because Congress decides who gets the money and because these organizations exist because Congress makes them exist through laws. You can't ignore your way out of a shutdown.
Of course if they decide they don't have to abide by laws anymore for their internal processes and the CIA just forces the treasury to print money at gunpoint we just default back to constitutional crisis mode.
I think you underestimate how much the administration is tied into the legal system. They make leeway for themselves but they need the rules to exist to some degree.
Every time their was a so-called "shutdown," I still got my SSI checks direct-deposit from the Federal government despite said "shutdown" and the unconstitutionality — again, mere words on a musty old parchment by dead slave-owning white men — of spending without House authorization.
Congress does not themselves write the checks, people in the executive do — like, as you note, the Treasury. So when Congress declares something "defunded," and the Treasury just ignores them and keeps sending the checks out anyway, no CIA gunmen needed, what then?
"Constitutional crisis" and so on, but so what? Nobody in DC really cares about that dead letter, nor have they for probably a century now, so what if this is made (more) explicit? The FBI, ATF, and other ordinary law enforcement will be enough to crush any — inevitably disorganized, sporadic, and aimless — "resistance" or "rebellion" from the citizenry.
All you're really talking about here is military dictatorship, which is a likely outcome of that crisis.
What you're missing is that political regimes aren't mere power relationships, they're the story people tell about those relationships. The US is a democracy because people believe congress has the magical power to bend the bureaucracy to its will through ritual. Maybe it's not true and it would lose if the bureaucracy really didn't want to submit. But the constitutional order is maintained by such a belief.
The day the confrontation happens and Congress loses is the day that particular belief dies, it will have to be something else. But it can't be nothing. People need to believe in a magic ritual of some kind for laws and order to exist. Because law is literally a magic spell, as the Romans knew.
And the problem a bureaucratic system has is that its processes rely on the existence of the nominal democracy. Moldbug's point was right in a way, Congress is like the King of England. Even though he has no power, you can't remove the king and expect England to remain. And that's some power yet.
If the President and Congress force the administration to ignore them, they force America to become something else. And that something else might not end up on top of a shootout.
As well it should.
Why isn't raw power enough? "Obey, or the cops will arrest/shoot you" should be quite sufficient.
No, all you need for laws and order to exist is for armed men to be paid enough to enforce them. And you don't need to be able to shoot every rulebreaker to get people to fall in line (look at the US's solve and conviction rates on homicide, and yet laws against murder still exist and shape people's behavior). What fraction of speeders do the police catch? The Chinese have an ancient four-character saying on this point (because of course they do): "kill the chicken to scare the monkey." Voltaire's "pour encourager les autres" (and I've read a work arguing that Byng's execution did indeed influence British admirals to be much more risk-taking, and that this in turn contributed greatly to the Royal Navy's success rates).
Oderunt tum metuant. You don't need people's belief, all you need is their compliance. "Understanding is not required, only obedience," as Babylon 5's Minbari would say.
Plus, I remember once reading — though I've been unable to find it again — a long essay, drawing mostly upon Rousseau and his "general will," to argue that not only are elections not a sufficient condition for democracy, they're not a necessary one either, and laying out a case that real democracy is single-party rule by an elite vanguard of technocratic experts who do what they believe is in society's best interest whether the voters like it or not, and who treat the rarely-held elections as purely advisory and non-binding. I keep being reminded of it more and more at various times, like when reading N.S. Lyons's "The China Convergence," or most times I hear people on the left talk about "Our Democracy," or Hungary and Orban's "authoritarianism." From the former:
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So, does that illustrate some idea of what might emerge to be that "something else"? That the old order has been suspended in it's failure to defend Our Democracy — now (re)defined as managerial elites enacting the Rousseauan "General Will" with their technocratic expertise — against its greatest threat, populism — meaning a demagogue taking power by promising to do what the poor, misinformation- (and "malinformation") addled masses think they want (and, in its worst manifestation, actually meaning it) — thus requiring a Schmittian state of exception (though they won't call it that) until the "Fascist threat" has been dealt with — and, as someone recently argued to me IRL, the average white GOP voter "wants Fascism."
Most people will be brought to obedience by ever-improving narrative management. Much of the rest will be terrorized into compliance by the fear of consequences brought through showy examples of force. And the last group will be those examples.
As fictional character in fictional world would say.
As one of most skilled and accomplished politicians in the real history of the real world would say.
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Gaetano Mosca explains well the need for the magic story in The Ruling Class. He calls this the "political formula".
All regimes forever and always are, in the practice of power, oligarchies of an organized minority. But to organize, which is a prerequisite of maintaining power, the minority needs an ideological substrate. It can be a lot of things, it can even be farcical and insane, but it has to be coherent and at least somewhat grounded in the reality they occupy, otherwise people stop believing in it and you start producing counter elites.
This is what happened in the Soviet Union if you remember, the elites themselves lost faith in socialism and reformers collapsed the Union, as nobody in power had the will to maintain it by force.
Overt dictatorship of the managerial class ("hard managerial regime" as the DR calls it) is perfectly viable in the short term as a replacement for the soft variant that thinks it's a democracy. But it requires might and it exhausts itself fairly quickly even when backed by it as we saw in the XXth century.
The fact is, regimes usually fall when they start having to employ hard power to maintain themselves but can't actually bring themselves to do it. And a less convincing political formula combined with a need to use violence is the recipe to become Louis XVI.
If we want to believe that the managers will keep the ship together, we therefore must find who among them has a fanatical enough devotion to managerialism to send troops to gun down people in the streets in its name.
I can find this force of will in the bourgeoisie of the revolution. I do not see it in the managerial class of today. I think the only reason they are still in power is that no serious counter elite has what it takes to challenge them as of yet. And I see challengers growing their strength yet.
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https://bjs.ojp.gov/document/fleo20st.pdf
Most federal law enforcement is either fairly reddish or has jobs that do not include "chasing domestic extremists" which they can be expected to protest being pulled off(because being a security guard at NASA is both cooler and less likely to involve getting shot at than staking out some compound in Idaho that's drilling 1/8 inch holes in lower receivers, plus you get to go home every night) and/or simply can't be pulled off. The ATF, FBI, and US marshals combined simply do not have the personnel to carry out a meaningful crackdown.
Not according to the people I talk to IRL.
How do you eat an elephant? One bite at a time. Consider the German Peasants' War. 300,000 pissed off peasants, who at least sometimes "were well-armed. They had cannons with powder and shot…" against 6,000–8,500 nobles, knights, and assorted mercenaries. A 35:1-50:1 numbers advantage…
…except it wasn't. Because it was several thousand organized and experienced knights and mercenaries against a thousand peasants here, then several thousand knights and mercenaries against twelve hundred peasants there, then several thousand knights and mercenaries against four thousand peasants over there, then…
And in the end, the peasants were crushed, over a third of them killed, and the losses on the other side? To quote Wikipedia's "Casualties and losses" box: Minimal.
It wouldn't take that large a SWAT force to take out your "compound in Idaho" with small odds of any losses. Any one out of "the ATF, FBI, and US marshals" could easily put that together. And after they take out the first such compound, then they take out the second, and then the third, and then the fourth., and then…. In each individual engagement, they'll have the superior forces. Because for the "rebels" to actually have superior numbers, all the little groups of five, or six, or a dozen guys would have to actually come together and coordinate. And as I noted, they are fundamentally incapable of ever doing so, and openly proud of it.
In the 90s, they did this with an isolated guy and his family, living in their cabin, and then they did it to a bunch of weirdo Christian types. It worked real well both times, and then a federal building blew up.
There is zero need for massed formations or mustered armies in such a scenario. You are basing your assessment off the idea of a campaign of pitched battles and clearly-defined fronts. There is pretty much zero chance that's what a future American civil war would look like. It's pretty unlikely that such a war would even be fought with AR15s, much less tanks and planes.
Which accomplished nothing, except getting our government to make their suppression of such groups quieter and less of a big media show.
Explain how "20+ man SWAT team takes out 4-5 'domestic terrorists' with no losses, then another 4-5 'domestic terrorists' with no losses, then another, then another…" ends in victory for the folks on the losing end of every single engagement, rather than being picked off, tiny packet by tiny packet, until none are left?
The last several years are best modelled as a massively distributed search for ways to hurt the outgroup as badly as possible without getting in too much trouble. You are betting that the methods this search has discovered so far are more or less the best methods available. Having examined the question at some length and with a particular frame of mind, I am confident that your assessment is wrong.
It's more "what's available to one side that they're willing to use" than just "what's available."
And I don't see the basis for your confidence. I believe that there's basically nothing that the Red Tribe is both capable of and willing to do "to hurt the outgroup badly," and you — and others — have provided no real evidence to change my mind on that.
"Never give up, never surrender" might be great when it's coming from Tim Allen in a movie, but even the Japanese, with their "kamikaze attacks" and "banzai charges," eventually gave up and surrendered. At some point, one has to admit that war is lost. If the Red Tribe has not yet clearly passed this point, then where is that point?
Most people don't. That seems like a good thing, on balance.
When our will to fight is broken. At the moment, we're still ramping up toward conflict, and it's still possible that conflict can be precluded through more-or-less peaceful resolutions of the existing points of contention. Once conflict actually starts, it will be too late for talking about it. To the extent that the risks of such a conflict are not generally appreciated, it seems to me that no benefit to Reds is derived by elaborating them. If the only reason Blues might not oppress Reds is that they're not sure they'd be able to do so without mortal consequences, fighting is probably preferable than perpetuating the existing "peace". In which case, overconfidence and obliviousness on the part of Blues is a strategic asset worth preserving.
Your position, it seems to me, could come from one of a couple premises. Either you think Reds lack the awareness, the will, or the capability to successfully prosecute a fight with Blues. I think the Culture War demonstrates sufficient Awareness. Will and capability are intertwined: the greater the capability, the less will is required, and vice versa. You are assuming that people wait in their homes for the SWAT teams to come for them, which it is not clear they will do. Further, you are assuming that the capability is limited to our ubiquitous autoloading cartridge-firing weapons, and that assumption is most certainly not valid. The value of personally-owned firearms is primarily political, not strategic; the political fights over gun control are useful to coordinate within Red Tribe over the question "is it time to fight?". Once the question is answered to the affirmative, it seems to me that autoloading cartridge smallarms largely go to the sidelines.
As for what defeat looks like, if blues can successfully confiscate personal firearms, inflict serious social and legal consequences on non-woke Christianity, and maintain something approaching the current economic and socio-political conditions, that would pretty clearly be a victory for them in my book. I think it very unlikely that such an outcome is achievable, but you are free to think otherwise if you wish. Time will tell.
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No, a future American civil war would inevitably involve significant state-to-state territorial disputes because the breakdown in federal authority necessitates big states establishing their regional hegemony to safeguard their own stability and non-isolation from both resources and markets. This process involves lots of conventional armies moving around because that’s what governments do.
For probably the most obvious example, California needs to engage in some level of adventurism against significantly smaller neighbors to ensure its water supply(no, it will not improve its water management, nor do citizens of wealthy and powerful regions accept rationing for the sake of the hinterlands) when the federal government can’t impose an acceptable solution from above.
What "breakdown in federal authority"? My point is that there wouldn't be any such thing. Why would there be? Just because a few hundred temporary figureheads are cut out of the loop more openly and explicitly than before?
Legitimacy, legitimacy, legitimacy. And more legitimacy. And eventually money, but still more legitimacy.
This "legitimacy" thing people keep talking about seems like a spook to me. "Political power grows out of the barrel of a gun." People obey the law and the government because armed men will haul you off and throw you in a cage if you don't (and shoot you if you resist). "The law" is only whatever rules you'll get punished for breaking. "Federal Law" isn't the US Code, it's only 'whatever the FBI, DEA, ATF, etc. will arrest you for' — nothing less, nothing more. And as long as those men with guns keep on enforcing the same rules, nothing changes, regardless of what some old man in some old building might say quoting old words on some old piece of parchment.
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...It seems to me that the sort of conflict you're talking about here is what happens following a complete collapse of the federal government. You're describing not the next American civil war, but the one after that.
Exactly. And I see no reason for it to collapse just because it's made explicit — even more explicit than our current doddering figurehead-in-chief does — that a US President has little more power than King Charles III does.
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Were the federal government to fall, I’d expect the Rio Grande/the Rockies to split New Mexico between the Republic of Texas on the east and Calivada on the west, with Salt Lake taking Wyoming, Colorado, and a V-shaped chunk containing Santa Fe/Taos/Albuquerque.
The official map of The Hunger Games is pretty much how it would shake out.
It seems like based on current trends, a west coast transitional federal council engages in inland-facing imperialism that winds up resisted by approximately 1 trillion local and ethnic/religious interest groups while a red state coalition led by Texas supports them as a buffer to guard their flank in New Mexico and maybe props up some small states(greater Idaho, deseret, etc) to prevent a land link to Colorado. So fairly close I guess; but a Texas-led red state coalition already exists and you can expect especially the ones nearby to throw in with their larger, richer neighbor even more.
I think you’re right that New Mexico functionally ceases to exist in this scenario but Colorado would probably wind up as a major rival towards the Texas led coalition because it’s a geographically isolated blue spec facing a suddenly-expansionist and much larger neighbor- something like Finnish Russophobia except they both wind up with nukes. I also expect an independent republic of Texas to eventually try to split northern Mexico off from the rest of the country because the industrial zone it contains would be pretty key to Texas maintaining both its war machine and standard of living in the imperial core, although I’m not sure how it would do that(probably not a ground invasion).
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Crunching some numbers to get a rough sense about potential Second US CW.
Compared to most of world's armies, US armed forces are enormous.
Compared to US territory and population, they are tiny, especially the high tech part.
Assuming US population as 330 million:
2,800 tanks = one tank/118,000 Americans
3,500 aircraft = one plane/95,000 Americans
760 helicopters = one chopper/435,000 Americans
And all these wonder weapons are dependent on supply from American and world economies, who would cease to exist when North America turns into Somalia on ice.
For comparison, in Syria in 2011 when the late unpleasantness began, the ratio was:
Counting Syrian population as 21 million:
4,800 MBT = one tank/4,375 Syrians
4,500 IFV = one IFV/4,666 Syrians
575 aircraft = one plane/36,000 Syrians
191 helicopters = one chopper/110,000 Syrians
Conclusion: Second US Civil War will be fought with pickup trucks and construction machinery with extra metal plates welded on.
And drones. Drones, drones, drones. Masses of 3D printed plastic drones swarming from horizon to horizon.
Yes, bikes too, our poster Kulak's dream coming true.
Interesting times for everyone involved(and the whole world will be involved).
edit: links set properly
Again, what makes you think it'd ever get to a "Second US Civil War" stage with open military, rather than just a bunch of Wacos, Ruby Ridges, and the arrest and/or execution of a bunch of attempted or actual McVeighs? Just ordinary law enforcement keeping Our Democracy safe from domestic terrorists?
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