Oncology of Gov't Growth

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An Oncological Model of Government Growth © Bradford Hatcher, 2008 Version 08.3 Frustration, anger or disgust might on occasion prompt someone to say: "this government is growing like a cancer." But I intend to assert this here in a more rational tone and apply this comparison to nearly all modern governments, at all levels, federal, state, county and municipal, and even some corporations and NGO's. No only does the analogy offer new points of view for a more detailed study of unregulated and parasitic growth in theses articial entities - it also suggests strategie s for treatment. Numerous writers have described the still larger relationship between humankind and the planet's biosphere, with special regard to our unchecked population growth and our overconsumption of resources, as a pathological process analogous to malignant neoplasm, or cancer (Gregg, 1955; Eisley, 1961; Hern, 1990; and Forrester, 1991). While such an analysis has a number of things to teach us about the dynamics of our predicament, in many ways the much simpler pathological model of parasitism conveys the same core message with greater simplicity and just as much mortal urgency. The two pathologies of population and government growth also warrant being considered together, particularly since overpopulation helps to accelerate government growth and since none of the broader human problems are ever going to be solved without a successful solution to our carrying capacity predicament. Here I will offer another use of the "Oncology Model" to describe the most prevalent pathological processes in the body politic. In this model the organs of government are likened to specialized organs and tissues, and the members of government to the specialized cells. Government entities, like tumors, are comprised of cells and tissues that have common tendencies to unlearn their sense of place, their specic and specied functions, their organizational limitations, their ability to sense and respond appropriate ly to feedback, and to corrupt the programs that were written t o tell them when and where to stop. Contrary to how it would like to think of itself, the organ of government will not once be referred to in this analogy as the brain or the nervous system, especially after having demonstrated so little intelligence.. At the beginning of multicellular life, the fertilized egg or zygote multiplies into a blastula, a big ball of undifferentiated stem cells. When this ball collapses into a blastocyst, two different cellular environments are created, inner and outer. This marks the beginning of cellular differentiation. Soon there are four types of cells: endoderm, mesoderm, ectoderm and germ cells. As their environments get more complex, the cells receive signals from different sides and sources that trigger further narrowing of the larger set of genetically inherited options that they formerly held open. By the time we are halfway developed, we have more than 200 types of cells in ten major organ systems. It is the information gleaned

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An Oncological Model of Government Growth

© Bradford Hatcher, 2008

Version 08.3

Frustration, anger or disgust might on occasion prompt someone to say: "this government

is growing like a cancer." But I intend to assert this here in a more rational tone and apply

this comparison to nearly all modern governments, at all levels, federal, state, county and

municipal, and even some corporations and NGO's. No only does the analogy offer new

points of view for a more detailed study of unregulated and parasitic growth in theses

artificial entities - it also suggests strategies for treatment. Numerous writers have described

the still larger relationship between humankind and the planet's biosphere, with special

regard to our unchecked population growth and our overconsumption of resources, as apathological process analogous to malignant neoplasm, or cancer (Gregg, 1955; Eisley, 1961;

Hern, 1990; and Forrester, 1991). While such an analysis has a number of things to teach us

about the dynamics of our predicament, in many ways the much simpler pathological model

of parasitism conveys the same core message with greater simplicity and just as much mortal

urgency. The two pathologies of population and government growth also warrant being

considered together, particularly since overpopulation helps to accelerate government growth

and since none of the broader human problems are ever going to be solved without a

successful solution to our carrying capacity predicament. Here I will offer another use of the

"Oncology Model" to describe the most prevalent pathological processes in the body politic.

In this model the organs of government are likened to specialized organs and tissues, and themembers of government to the specialized cells. Government entities, like tumors, are

comprised of cells and tissues that have common tendencies to unlearn their sense of place,

their specific and specified functions, their organizational limitations, their ability to sense

and respond appropriately to feedback, and to corrupt the programs that were written to tell

them when and where to stop. Contrary to how it would like to think of itself, the organ of 

government will not once be referred to in this analogy as the brain or the nervous system,

especially after having demonstrated so little intelligence..

At the beginning of multicellular life, the fertilized egg or zygote multiplies into a blastula,

a big ball of undifferentiated stem cells. When this ball collapses into a blastocyst, two

different cellular environments are created, inner and outer. This marks the beginning of 

cellular differentiation. Soon there are four types of cells: endoderm, mesoderm, ectoderm

and germ cells. As their environments get more complex, the cells receive signals from

different sides and sources that trigger further narrowing of the larger set of genetically

inherited options that they formerly held open. By the time we are halfway developed, we

have more than 200 types of cells in ten major organ systems. It is the information gleaned

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from the micro-environment, sometimes from adjacent cells and sometimes sent from

systems higher up, that triggers the activation of certain portions of a cell's genome, directing

its development in specific ways, into certain sizes and shapes, with certain sensitivities,

plasticities or irritabilities, to perform more specific functions. At the same time, certain

portions of the genome are shut down, often for life. Cell signaling normally keeps this

process on track, providing the feedback required for healthy organ growth and development,

restraint in growth, tissue repair and immunological response. Without adding a sense of 

teleos or purpose to this picture, it is in the process of cellular differentiation that the cell

acquires functions and directives that are more narrow than simply feeding, eliminating

waste, and growing. The cells now serve higher orders, and regulatory mechanisms come

into play from around and above them that prevent their activities from being purely self-

interested and self-serving. These functions and directives now subordinate functions of the

cell to the larger organ systems and to the organism as a whole. It is in the proper and

properly limited functioning of this specialization that the organism's overall health is to be

found.

Unlike the stem cells comprising the blastula, members of human societies specialize in

function at even the smallest family scales, first around vertical (or age) diversity and around

our sexual dimorphism. But the dissimilarity ends there. At the extended family or tribal

scale, where we have hundreds of millennia of genetic adaptations behind us, a large number

of archetypal roles open up, far beyond the simple divisions of young, adult and elder, or

hunters vs. gatherers. Here, even in higher primate societies, we already have chief, alpha

male, matriarch, alpha female, alpha's goon, challenger, challenger's thug, midwife, medicine

man, shaman, weaver, inventor, chef, warrior, hero, brave scout, lead hunter, trickster, hot

young female, hot young suitor, loser, sycophant, punching bag, and the crowd of betas,gammas and deltas all just getting along and getting by. When empty, these roles, spaces or

vacancies in the social order seem to be sensed and occupied spontaneously or naturally by

the one who feels most fit and suited to the job. How the emptiness of these spaces is noticed

in the first place seems to be an inherited, hardwired neurophysiological process. This was

what Jung meant by archetypes, which was not intended to be a metaphysical notion. This is

not simply a matter of cultural learning, although this tends to add refinements and

degradations to the natural forms. The artificial structuring of specialized roles and our

specializations of labor enter our social and cultural pictures with the dawn of agriculture,

permanent settlements and urbanization, where our population levels can vastly exceed the

social numbers and scales that we have had time to adapt to genetically. It is here that we

begin to adopt plausible-sounding cultural strategies that have not stood the tests of time,

including those that threaten large-scale failures, and merciless, real-death cullings of the

populations that adopt them. It should be noted that any necessity that we have for

specialization, or subordination to a higher order, is not the same as subordination of the

individual to a somehow more important whole or organism. It is the cell that is alive, and it

is the structure of the organism that serves the living cells. The breakdown of proper order in

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the organism as a whole is a disservice to the cells. Cells that run amok in pathological

processes are ultimately doing disservice to the other cells.

Strategies for structuring the specializations of political leadership have, without question,

supplied humankind with its greatest challenges and its most spectacular and tragic failures.

Although it would be utterly pretentious at this early point in our evolution to think that we

have developed the ultimate and optimal systems for governing ourselves, this does not seem

to prevent the voting majority from believing that we have, particularly when that majority is

voting in a democracy. Bear in mind that half of any population will be below average in

intelligence, and that it only takes one more mediocre mind to tip that balance. The basic

theory of U.S. constitutional government, which tends to be carefully avoided or ignored by

the governments so constituted, would seem to address and preempt the problem of simple

tyranny by the majority. The word democracy is not even mentioned. Before a government is

chartered into existence, certain rights, both enumerated and implied, are claimed and

retained by the people, who, being between governments, hold all of the original sovereignty.As is their natural right, the people also create new civil and social rights, such as those of 

social privilege and property ownership, during this process. The organ of the people's

government, together with the tissues that hold it together and the individual cells elected or

appointed to specific offices, is more or less specified in the constituting document as a set of 

delegated powers. This, in theory, is limited to those powers which are specified and by a

larger set of powers retained by the people. In a healthy sociopolitical organism, these

political organs, tissues and cells retain their originally intended size, shape, duration,

function, and proportion in relation to the remainder of the body politic. They each know

their proper places, limitations and functions, and, in exchange for an environment in which

to thrive, they work to serve a greater good, as organs and tissues in an organic whole. Whensuch a body is healthy, its health will be characterized by homeostasis in the relationship

between the governing body and the rest of the organism. The surest indicator of a healthy

homeostasis is a lack of long-term or sustained growth in adjusted per capita spending or

costs, indicating a consistency in proportion or ratio, a ratio-nal relationship. Even a steady

rate of growth is a compounded rate and therefore shows exponential growth. Today even a

steady rate of growth is rare. A stable condition might last for a few years following the

creation of a new government, without a radical intervention by the people. But it always

seems to succumb eventually to pathological growth. So how do these organs of government,

and the cells within their tissues, inevitably become so dedicated to their own overgrowth in

relation to the whole, and how do they become so entirely self-serving?

Cancer is often described as a disease of the regulatory functions of cells, a progressive

series of entropic degradations in both the internal set of instructions for specialization,

growth and retirement, and in the ability to respond properly to cellular signaling from the

micro-environment. This is frequently brought on by cellular stress and/or DNA damage in

excess of levels that tumor suppressor genes can handle, particularly mutated ones. Mutated

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genes that incline to cancer (oncogenes) are often dominant and when triggered lead to gains

of cell function over proper cellular specialization limits. This is a de-differentiation process,

a movement back towards the broader capabilities of stem cells, regaining abilities to

function in ways that are now maladapted to new micro-environments. Between internal

mechanisms and external feedback, cells are instructed in how large to grow, what shape and

orientation to grow in, how to adhere to neighboring cells, what nutrition to take, what limits

or borders to grow to, how often they may reproduce, what to be sensitive to, how to signal,

and even when to die. In cancer cells, many or most of the following things occur: 1) The

genes for the regulation of cell growth and differentiation are altered so that the factors and

signals for growth come largely from within; 2) The factors and signals that limit or control

growth are inhibited, rendering cell propagation hyperactive; 3) The factors and signals that

trigger programmed cell death (apoptosis), the self-destruct mechanisms, are ignored or

avoided, rendering the mutated cells "immortal"; 4) Cells develop an important ability to

send useful false signals to neighboring tissues, secreting chemical factors that stimulate the

growth of new blood vessels from pre-existing ones nearby (angiogenesis), enabling tumorsto feed themselves and thus to grow beyond small clusters in size; 5) Cells develop additional

abilities to misinform, to mask the symptoms of their pathology, to avoid or resist detection,

to deaden vital sensory information and to delay or misdirect immunological responses; 6)

Cells at the borders of neighboring tissues are no longer prevented from invading those

tissues - they lose their boundaries, or their sense of place; 7) Tumor suppressor genes

become inactive, leading to even less precise DNA replication and further mutation; 8) Rules

for orientation within tissues are lost; 9) Rules controlling proper adhesion to adjoining

tissues are lost; 10) Cells become de-differentiated (anaplastic), de-specialized, generalized,

dis-organized, functionless, and self-serving; 11) Cells become too adaptable to foreign

environments, allowing them to move into a wider range of tissues; 12) Cells may becomeself-sufficient enough to break free from their surrounding tissues and opportunistically

colonize remote parts of the body (metastasis) wherever they find a micro-environment with

an impaired immunity to such colonization, or a susceptibility to their disinformation

strategies; and 13) In the final stages, there are no more checks on metabolic parasitism -

growth continues in spite of host starvation, and the host is eaten alive until it dies. There is

no need to posit an evil force in this process - it is often simply a matter of natural forces

operating according to observable patterns. But such growth is certainly akin to a blind or

selfish ambition in social populations, and it is axiomatic that even the best of intentions can

lead to evil consequences. It therefore falls to others, or to an effective regulatory or

immunological response, to hold this blind ambition in check.

Hyperplasia, the enlargement of an organ or tissue caused by an increase in the

reproduction rate of its cells, is usually the initial phase in the development of cancer. I'll use

the word phase to distinguish this from the "four stages" terminology. Healthy tissue remains

in a proportionate relation to the organism as a whole, growing while the organism is

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growing and then, in mature adults, finding a state of homeostatic equilibrium with respect to

growth. Tumor suppressor genes, which normally stand ready to check runaway growth by

causing cell death at the proper time are deactivated. Steady-state cellular economics is the

characteristic of health while, as Edward Abbey put it, "growth for the sake of growth is the

ideology of the cancer cell."

There are a few factors that, on the surface of things, will suggest something faster than

linear growth in the per-capita costs of government. The complexities of social interaction

rise more than linearly with population increases, and when the lebensraum starts to get

scarce, the stresses of crowding exacerbate this. Another factor is that growing per-capita

income tends to reflect a larger and more complex economy, which, at least according to

government sources, requires a great deal more government management. These two may

certainly be enough to offset most or all of the gains to be had from economy-of-scale

reductions in the per capita costs of production and distribution of goods and services. But

today, real or adjusted incomes are rising a lot less quickly, where they are rising at all. Theincome of government has now been successfully tied instead to gross measurements of 

income and the gross size of the economy, which include the growing costs of government

mismanagement and indebtedness, and this is helping cost to feed itself and so to outpace

real income growth.

The constitutions and charters of new governments normally contain regulatory processes

and procedures that are intended to control unwanted or inappropriate growth of this new

entity, ways and means to keep it in its designated place, to detect malfeasance and ineptitude

in its operation, to allow citizens to provide negative feedback, to hold its members

accountable, to remove its members from office, to repeal its laws, to appeal and overturn its judicial decisions, to hold its ethical excesses in check, and to to regulate or withhold its

funding. The U.S. Constitution contains a few such provisions. Amendment 1 says that

Congress shall make no law ...abridging the freedom ... to petition the Government for a

redress of grievances. Article 1, Section 8 theoretically limits the legislative power to "laws

which shall be "necessary and proper" for carrying into execution the foregoing powers..."

But the only internal reference to necessity is not found until the 10th Amendment, which

states that "the powers not delegated to the United States by the Constitution, nor prohibited

by it to the States, are reserved to the States respectively, or to the people," In theory, this

limits "necessity" to the exercise of delegated powers only - a law may be made only if the

government is incapable of exercising its delegated powers without it. Meanwhile, the only

internal reference to propriety is not found until the 9th Amendment, which states that "the

enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage

others retained by the people." In theory, this prohibits legislators from improperly

infringing upon or abridging any of the rights of the people. If the government were also to

take the Constitution's Preamble seriously, it would also be regarded as improper to render

insecure "the blessings of liberty to ourselves and our posterity," which would in turn prohibit

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the current accumulation of debt, depletion of non-renewable resources and massive

environmental damage, all of which are serious threats to posterity.

But how are these provisions to be enforced? How are excesses regulated in any practical

sense of the term? Aren't all of these provisions rather toothless in actual practice? Will court

precedent slowly build an arsenal for the defense against abuse of the rights of the people, or

will it gradually erode the meaning of whatever constitutional protections do exist? So far

this process has been entropic, not building much of anything. The First Amendment, for

example, states that "Congress shall make no law respecting an establishment of religion, or

prohibiting the free exercise thereof." But it wasn't long before court precedents were in

place stating that, while religious beliefs must be protected, religious practices may be

prohibited, which all hangs rather precariously on a non-existent distinction between the

synonyms "practice" and "exercise." By the time we got to Oregon vs. Smith, the Supreme

Court has added that religious freedom can be tolerated until it conflicts with a compelling

government interest, which it construes to refer to just about any compulsive governmentobsession. Yes, one may file a petition for the redress of a grievance. That doesn't mean that it

will be read or acted upon, at least without the prohibitive costs of five to ten years of 

patience and income to move your petition through the courts. In effect, there is no practical

regulation of government operations short of the mass mobilization of an angry citizenry. All

we have, in Father Berrigan's terms, is "ineffectual grievance machinery." The mechanisms

of redress lag many decades behind the arrogation and accumulation of discretionary powers.

To the end of mass mobilization, citizens can still use the free press to create bad publicity

for bad laws and actors, but governments are also allowed their own immense propaganda

arms, with no real checks on their free use of junk science, buzzwords, bafflegab and

doublespeak, which the majority of majorities will accept with little question. Finally, as acarcinoma might defend itself from immunological functions, the civil service as a union of 

workers will seek to immunize its workers from accountability. The civil service is certainly

a lot more about job security and self-service than it is about serving the public. The process

by which a government employee can be fired for incompetence, or even malfeasance, is

becoming increasingly exasperating and expensive. Forget about holding an employee

accountable for a simple violation of a citizen's rights. Sometimes we just need to get shot to

death accidently by the police, because the two on our door looked too much like a seven.

That doesn't mean the shooter will lose his job. This carefully cultivated lack of 

accountability is the tumor's escape from the immunological function - it is a big part of the

immune deficiency problem that lets the cancer take over.

Governments, at a minimum, double the costs of any action. When money is cycled

through a government "economy" its use becomes half as efficient. The two primary reasons

for this are that bureaucrats work within monopolies, protected from the selective pressures

of competition, and they work outside of market pressures and vulnerabilities, protected from

the economic consequences of imperfect decisions. The potential loss of a lifetime of savings

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is a great incentive to sharpen one's pencil and tighten up the business plan. Meanwhile, an

aversion to accountability is a reason to double the cost of a project by inflating safety

margins to unnecessary degrees, as a cushion against blame, particularly where those costs

are covered with "free money" from the taxpayers. People will not get their taxes back by

collecting free government money or lunches: they will only help government grow with

growing claims for still more goods and services. Alexis de Tocqueville's best known quote

has it that "The American Republic will endure until the day Congress discovers that it can

bribe the public with the public's money." I think this was indeed the beginning of the end.

Once resignation had set in and the people considered their taxes to be already collected and

spent, then it became their job to lobby as special interests to get whatever they could of this

money back, or to get their representatives to fight on their behalf for the biggest chunks of 

the pork. It no longer occurred to them that dollars cycled through the government

"economy" in this way are spent in the least economical way. As the population thus

clamored for more and better services to justify the costs, the pressures for further growth

spiraled out of control.

Where not specified, certain forces will often work against a policy of abandoning

programs which fail to work. Admissions of failure come slowly because this invites

accountability and redress. Further, both the abandonment of a program and the extraordinary

success of a program might lead to a budget surplus. Agencies normally have no claims on

their budget surpluses. Residuals can only be claimed by a bureau's budget expansion. This at

least leaves bureaucrats motivated to maximize their residuals, but often this can be done

more simply by minimizing the service or product they provide, as by qualifying fewer

recipients. If government workers cannot claim higher salaries out of the surpluses, they can

at least requisition more and better toys, better travel allowances, and more staff to spread theworkload around.

The founding of government agency budgets upon the amounts which were allocated in

the previous year normally has a ratchet effect that ensures all growth and no shrinkage.

More rational approaches would make all government entities ad hoc, existing only to meet

real and current needs, with their values and merits to be assessed in only those terms. The

baseline budget would reset at zero each year, and the actual effectiveness of the prior year's

allocations would need to be reassessed. The paradigm of healthy biological, ecological and

even economic systems is the steady-state economy. Growth and decay are found in equal

measures in all of the healthiest systems, or at least in those with any long-term prospects for

sustainable success. It is well-known, at least by people who think, that sustained and

increasing rates of growth in any finite system will ultimately lead to a crash or collapse of 

that system. What is it that would cause a state to abandon the idea that its growth, measured

quantitatively, is the measure of its success? Logically, if a state exists in order to solve

problems, then its long-term record of growth is in fact a measure of the growth of its

problems, and of its failure to solve them. This is not a good reason to continue to do the

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far too high a premium on the opportunity to design wider wheelchairs, or for one percent of 

the population to pass through doorways at something closer to highway speeds. But at least

there is much growth here in construction costs, and in the job descriptions of code

enforcement officials, and so there is corresponding growth in government revenues.

Dysplasia, the enlargement of an organ or tissue by the proliferation of cells of an

abnormal type, is commonly the next phase in the development of cancer. Once growth

replaces health as the dominant paradigm, other characteristics of pathological processes

soon follow. Normality must be understood here functionally, as relative to proper cell

specialization or differentiation, and abnormality as a process of de-differentiation and gains

of function that are maladaptive to the micro-environment. Tumor suppressors are

transcription factors that are activated by signs of abnormality, by extreme cellular stress and

by signals indicating DNA damage. They kill their own cells when found to be developing in

unhealthy ways. But the growth paradigm is blind to the long term and big picture - it works

against selection and death since these are short-term threats to gross size and quantity. Interms of quantity, all cells are equal. Selection is just being non-egalitarian, elitist and

 judgmental.

Because government feeds so completely on rampant economic growth in the economy at

large, it finds much use in resisting efforts to educate the population against parasitic

population growth. It wants more mouths to feed, more hands to produce, though the quality

of life be damned. This applies to the growth of its rules as well. Instead of simple growth,

mission creep becomes self-sustaining, as though it were now a drive. Laws are made with

intentionally loose rules of construction built into their texts. Standards are left vague enough

that those who are charged with their enforcement no longer need findings of fact to sway anapproval body: all they may need is the right innuendo. The rules become less specific as

their functions expand, even while becoming more complicated. Enforcement opportunities

allow more arbitrariness, more capriciousness. Because this behavior tends to attract

undesired consequences, efforts are stepped up to shield those who would exercise these new

freedoms and arrogated powers from accountability, under the rubric, of course, of shielding

the public from liability. The modes of operation of government agencies become

increasingly protected from the selective pressures of a healthy immune system, the pressures

of protest, redress, accountability, correction and punishment.

Elected and appointed boards and commissions, in addition to attracting some able-minded

members, seem also to attract the micro-managers and the meddlers, the busybodies without

projects of their own to keep them out of mischief. This is like putting art critics in charge of 

art, and it tends to place the amateurs on an unequal footing above the professionals.

Entrenched positions involving the interpretation and enforcement of codes and ordinances,

particularly where there is limited accountability, are especially attractive to the passive-

aggressive personality types, who can just hide behind rules and take satisfaction in telling

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others what they may not be permitted to do. And, finally, let’s face it: the pay scale in the

public sector does not tend to attract the finest of minds to begin with. Somebody doing

planning or design in the private sector is normally concerned with creating some sort of 

profitable project. Somebody in the public sector with the words planning or design in his job

title is normally working at trying to find documented reasons to prevent that private sector

person from creating profitable projects. Success in this adversarial stance helps to justify the

public position in ways that facilitation and cooperation do not. And, since this adds to

project costs, it contributes to the gross "economy."

Take building code enforcement, for example. The bureaucrat’s habit of mandating

professional studies and certifications, even in situations where common sense, grammar-

school arithmetic or simple thought experiments would provide ample justification for a

particular design, amounts to a unfunded mandate on the private sector and adds large sums

of money to unnecessary project costs. These unnecessary expenditures, when totaled across

a bureaucrat’s domain, can easily exceed the bureaucrat’s salary by an order of magnitude.This should start registering somewhere on somebody’s books if the true costs of government

are ever to be made widely known. Such requirements for studies and certifications have

always been encouraged at least tacitly by the guild monopolies of architects, engineers,

surveyors, lawyers, accountants, appraisers, etc., but now concerted lobbying efforts by these

monopolies have led to a lot of these requirements being mandated by state law. Even here,

the laws might only read that an official may require a particular study or stamp. The

tendency of the official of course will be to interpret may as shall because this increases his

sense of power and authority and decreases his sense of liability and accountability. For the

large numbers of bureaucrats with passive-aggressive personality disorders, this may is a gate

to heaven. Since state law is so difficult to change, it is up to local pressure on localgovernment to prevent this, and such change is very expensive to organize.

The bureaucrat usually starts out behaving like other self-interested humans, simply

seeking to maximize his utility. But he does not operate in a free market economy. He

operates within a monopoly, without serious competition and its selective pressures, and he is

protected at least to some abnormal extent from accountability. But once the job descriptions

start to include vague, ambiguous and ambivalent directives and laws, abilities to arrogate

new powers, such as those that exploit the confusion between may and shall, such positions

start to become very attractive to people with certain personality traits and types that mimic

hyperplasia and dysplasia in early phase cancer cells. When a person is sworn in as a new

member of a city council, or appointed to a review commission, or given a government job,

one of the most carefully emphasized portions of his introductory packet is the information

he receives on limiting public liability. But in effect, this amounts to limiting public

accountability, ways to get beyond the reach of those pesky petitions from the public for the

redress of grievances, and of course beyond the consequences of incompetent action. The

most common and frustrating of these is the activist version of the passive-aggressive

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personality disorder mentioned above, but there are other flawed traits and temperaments

ready to seize on the opportunities provided by the organs of government.

In theory, the concept of "the rule of law" turns over the responsibilities of judgment to an

objective standard, ruling out special treatment and ensuring fairness and equality in the

application of the society's goals and objectives. In practice, the rule of law turns over the

responsibilities of judgment to something that isn't alive, to something that has no sense. In

practice, the rule of law turns over responsibility, and accountability, in effect putting nobody

in charge and letting decisions become automatic. Fewer people can now be blamed for bad

decisions. In effect, the rule of law makes lawyers the rulers. What this does is attract those

people to whom this is attractive, people who want to borrow or take hold of greater power

than that which they have as individuals. This want of greater power is understandable of 

course, especially in the light of Nietzsche's observations of our nature, but when half of 

power's attraction is in the lack of associated accountability, it becomes a lot more

problematic. Power in responsible hands is not the problem with power.

When citizens are not sufficiently vigilant, the arrogation of a power is no different in

practice from the delegation of a power. Concrete that is stolen sets up just as hard as

concrete legally purchased. The police power is granted to the constituted government

primarily to respond to crises and threats to the peace in ways that everyday citizens cannot

be expected to respond. It stands in defense of the public, to protect and serve. But the

particularly offensive stances and preemptory actions now taken by police forces across the

country speak of a perversion of this directive, a degree of mission creep that is not simply

growing in size, but growing and producing new purposes and functions, new excuses to

grow even further. This is aggressive growth, and its attitude is assertive and belligerent.Why this degree of aggressiveness and intimidation? You see this with increasing frequency

in police forces now: "Click it or ticket!" "Respect my authority!" "Because I said so!"

Might it be that the frustrated spirits of all of those Nazis that American soldiers killed in

WWII just had to reincarnate somewhere? Or is this simply a manifestation of a broader

human trait, analogous to an oncogene, that takes opportunistic advantage of peer pressure

and our need for social acceptance to get swept up and along in something larger, more

powerful, more exhilarating than than the modest, subservient lives that small beta and

gamma selves are capable of? This is the trait that was recently named the Lucifer Effect by

Philip Zimbardo. It is the power of runaway conformity and obedience to escape the bounds

of reason and proportion, to pervert more innocent origins and at least temporarily escape the

limits to growth.

In sum, the dysplastic phase of government growth is more than the simple, opportunistic,

hyperplastic growth of its mission - it is a complication, a perversion or a twisting of the

original mission, and this relies on the regaining of functions that were forgone or initially

prohibited in the original specification of powers and the reservation of rights laid down in its

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constitution or charter. To continue in this it must shield itself from selective pressures, it

must block attempts to restore accountability. It must defeat the immunological response.

With Cancer in Situ, a typical third phase of malignancy, the lesion or tumor has become in

effect an organ with no functions other than to feed itself, to serve its own existence, to avoid

or resist detection by the immune system, to protect itself from attack and to grow against its

boundaries. Although it doesn't have much internal structure as an organ, and in particular, it

lacks its own nervous system, it nevertheless is able to "learn" and employ stratagems by

virtue of behaviors encoded in and enabled by its oncogenes. The fact that it is not sentient

does not mean that there is no learning process. What works survives, what fails to work dies

off. When you think about it, most of the behavior of organisms is unconscious as well.

Again, there is no "evil purpose" here, only bad results from something similar to blind

ambition. Also once again, the cell does not owe the organism its life, since the cell is the

basis of life. It serves the organism because organisms evolved in ways that serve cellularlife, and cellular life depends on the organism's healthy functioning. The treason of bad

public servants is to their fellow human beings, not to the government.

The abilities of a tumor to send false signals to defeat an organism's immunological and

regulatory functions, to avoid the development of nerve tissue connections and functions, and

to create new pathways for nourishment into its self-serving interior (angiogenesis), are

clearly analogous to a government's ability to create and disseminate misinformation that

serves to keep its growth and progression unchallenged. This misinformation includes the

ability to provide no information, the ability to withhold, conceal and classify information, or

the ability to avoid calling attention to itself and its activities.

In the body politic it is easy to use the limitations of the public attention span to skew

voters away from rational and responsive behavior. Mob psychology, the study of "popular

delusions and the madness of crowds" was already a science to the ruling classes long before

Machiavelli and Sunzi came along. Fiscal illusion, with regard to both the costs and the

benefits of government, or its specific programs, is appallingly easy to create. The costs of 

government are readily buried in all of those forms of taxation that are not explicit surcharges

at the point of sale, or annual exactions such as property taxes. For the good of the consumer,

these explicit exactions are the good taxes because they maintain vigilance, and appropriate

indignation, and this helps to keep the regulatory function lively. They strike a nerve. But

because the payment of explicit taxes leads to greater awareness, governments have learned

to coat or numb the experience - with fractionalization, easy payment plans, withholding

taxes, burial in escrow costs, etc. It is startling to see how much of a dollar spent on bread is

spent on nothing related to bread. Corporations, for example, don't really pay taxes - these

are simply wrapped up into wholesale prices, which are further marked up by the retailer.

Value added taxes have the same stealth capabilities. Regulatory compliance costs,

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government costs as unfunded mandates, are almost always ignored in the computation of 

such markers as "tax freedom day."

Both 1984 and Brave New World showed the disinformational devices of mottos, slogans

and sound bites naked enough, but even the broad awareness that these books created failed

somehow to diminish the effectiveness of the repetition of words. Dishonest accounting

practices, such as representing the oft-raided "Social Security Trust Find" as an "unfunded

liability" instead of a "debt," tend to keep the public scrutiny at much lower levels that it

should be by misdirecting public attention. When you add unfunded mandates to the debt

column the real obligations look four times as large. This is fraud; the lawmakers are doing

things that people in the private sector would be imprisoned for. The various strings attached

to public funding for scientific research ensure that at least some people who call themselves

scientists will be puppets and mouthpieces for the public policy and will speak in the

deceptive lingo of junk and pseudo science to a populace unschooled in logic. A government

can also make clever twists in the public's interpretations of its own charter. The U.S.government seems to have itself and most of its citizens convinced that the Constitution is

some kind of contract between the government and the people under its authority, that the

Constitution is the source of the people's rights, and that the government is ultimately the

guardian of that Constitution. The law now reads that it is possible for artificial entities, like

corporations and governments, to have rights equal to and sometimes greater than those of 

living individuals with consciences. A freedom is something that a government lets you do.

Wealth is something that a government lets you keep. That is all nonsense. The people,

exercising their natural rights and sovereignty, are the source of the Constitution, which

permits the government to exist for specific and limited purposes, subject to the protection of 

their rights, and the Constitution, if anything, is primarily a nuisance and an obstacle to thegovernment, a thing to be worked around in the process of metastasis. If a government can

succeed in confusing the distinction between a privilege and a right, this ability can allow it

to ask for the surrender of a right in exchange for a privilege, as though these were now of 

the same medium of exchange. Confusion about the nature of rights also leads to dangerous

assumptions that rights not explicitly asserted or claimed are to be considered waived.

Control of the public mood is an important subset of all of this. A general numbness or

apathy would be the ideal goal of a tumorous entity that wanted to evade an immunological

response. Eternal vigilance is easily sedated, particularly when a government is allowed a

big-budget propaganda arm. With this it can get its citizens to adopt proverbs like "you can't

fight city hall" and "there's nothing certain but death and taxes." This in turn leads to

inappropriate and dangerous levels of passivity and serenity about our state of affairs: "Let it

be." "God is just working out his plan for us." "Accept the things we cannot change."

"Democracy may have its flaws, but it's the best that's available." "I can't vote with my

lifestyle, only at the ballot box, and this barely counts." On one hand it makes the people

believe that they are in charge and on the other hand, that they can do nothing. This paralysis

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and resignation, this loss of a will to live and fight to live is perfectly analogous to a

suppressed immunological response.

Metastasis, the last phase of cancer, is the process of diversification of mutated cells and

the colonization of other receptive parts of the organism by these de-specialized, re-

empowered cells. When unregulated growth takes its first steps into metastasis, the mutated

offspring of the carcinoma will take or make every opportunity to push its envelope outward

into neighboring tissues, to invade other aspects of society and social life. It is in this move

that it makes the final leg of its transition from benign to malignant. Here it must make use of 

its de-differentiation, which confers a greater ability to adapt to different environments, an

ability to ignore the importance of differences, specializations, limits, specifications and

specific adaptations. When these invasions become ubiquitous, familiar and habitual, the

organism begins to wear down, to lose its fight. Similarly, an insufficiently regulated

government entity will seize upon every opportunity to expand its domain, and will show off its current size as evidence of the futility of resistance. The all-time high score at whack-a-

mole is still a finite number - even that player had to give up eventually.

For a metastatic "seed" to get a new foothold it helps if it can appear unthreatening or

benign to the immune system. These footholds are often established by innocuous sounding

sayings and innocent looking pieces of boilerplate verbiage that get spread around or shared

indiscriminately between governments. Frequently new footholds are created by court

precedents, additions to the common law that don't get read aloud and voted upon. They

build little by little. In the U.S. Constitution, phrases like "shall not abridge," "shall not be

infringed," "shall make no law," and "shall not be violated" are serious statements. It doesn'tsay that it's a little bit naughty to abridge a right. It says to stay the hell away from that right.

But little by little the courts have taken big chunks of most of those rights away. How

effective can a militia be against a malignant government if it can arm itself only with the

arms that that enemy allows it to keep and bear?

The most destructive example of a metastatic oncogene sits comfortably enthroned right in

the main body of the U.S, Constitution, in Article 1, Section 8, in these harmless sounding

words: "the Congress shall have power ... to regulate commerce with foreign nations, and

among the several states, and with the indian tribes." The commerce clause is invariably

taken as the grant of an infinite power to regulate, to micromanage, to meddle in all things

commercial, and so to meddle in all things economic. If the smallest piece of some

commercial product ever crossed a state or national border, or even got itself transported

across an indian reservation within a state, that product is now and forever the business of the

government. This has been called the herpes theory of commerce. We can now pay for some

farm bureaucrat to drive around in his Mercedes and tell everybody what the proper size of 

apricots shall henceforth be. Had the Constitution said "facilitate" instead of "regulate," we

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might all be living in a very different world, with a lot more disposable income.

Like the self-serving tumor, government entities grow opportunistically. It is easy for them

to create opportunities to grow. To get a big boost in growth it is often sufficient just to name

a new enemy, or to pass a law against doing something that people like to do. Wars on

anything are easily sold, especially when a distraction from domestic problems is needed.

The war on drugs was particularly effective in allowing the government to expand, to extend

its reach into general social behavior - it was merely ineffective in everything else, as if that

were its real purpose. The early 20th century American experiment in prohibition taught the

simple, vivid lesson that prohibition organizes crime. Organized crime justifies new

expansions of the police power. Which is scarier - that the government was too stupid to

learn this simple lesson, or that it was smart enough to seize the advantage? Within a term of 

office, the rationale for a law is forgotten and the law is simply the law, on the books forever.

Within a generation, the origins of an incremental increase in discretionary power created by

that law is long forgotten. When the growth is gradual, and its incremental orders of magnitude are still longer than a generation in development, the change is likely to go

unnoticed by the proverbial frog in the pot. The marijuana laws began deceptively as a handy

way to deport Mexican laborers during the depression, But within twenty years all of the lies

in Reefer Madness had suddenly come true in the public "mind." The loss to the nation of 

one of the world's most useful agricultural crops paled in importance to the government's

 justifying its own expanded existence. Nobody ever bothered to read the experimental report

that suggested LSD caused chromosome damage. If they had, they would have seen that

enough acid was used to get 8000 humans high, injected directly into the uterus of a rat that

was three days pregnant. But this helped to create a law that indirectly suppressed a major

source of dissent against a large military buildup for an unconstitutional "police action" insoutheast Asia. The people ate it up, to a point. But once that point had been passed, note

carefully that the government did not even begin to return to its former size. It just kept

growing, even in its military spending. There was talk for some time afterwards of a "peace

dividend," welcome rebates to the people from a reduction in military expenditures. But then

the U.S. was able to make some new enemies. Even severe checks and balances on power do

not lead to checks on growth,

The interventionist economic theories of John Maynard Keynes were a godsend to

metastatic political processes around the world. These tried to justify expanded government

spending as a source of economic health. There was a wonderful hoax book published in the

60's called The Report From Iron Mountain that proposed that the public money spent on war

was a Keynesian flywheel (a stable floor of economic activity) that kept the economy healthy,

spinning and growing, and in a way that was much preferable to any money spent on peace,

health, education, housing and infrastructure, because to solve all of the problems involved in

the peaceful applications wasn't nearly expensive enough. The book's popularity was largely

due to the theory's extreme plausibility. In fact, with budget appropriations, it's the noisiest

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wheel that gets the grease, while the quiet needs, without lobbyists but just as real, tend to get

ignored. Being capable of a great deal of noise indeed, the military has a ridiculously

disproportionate percentage of the U.S. budget, as well as the lowest efficiency in terms of 

the public utility. But it perpetuates itself because it helps us to make so many new enemies

that profit government growth.

In de-differentiating, modern governments are becoming all things to all people. They will

even guide you through your activities in the bedroom. They can make new criminals simply

by making new crimes, out of things that people cannot resist doing. They can make the

people afraid and then sell them some security. They got these great ideas from the Christian

churches. After getting permission to meddle in the economy they can now take credit for the

economy. That helps make your money ultimately theirs. They can be in two opposite places

at once and play both sides against each other, but left wing or right, it's still the same

chicken. It's easy to play the third thing as a trick when the audience is convinced that there

are only two things. They can hide their sources of revenue from the very people who paythem. Elected officials are simply giving the people what they want, what they have asked

for, and what they are told that they need. The free lunch is fast food at hidden gourmet

prices, payed for out of last year's tax revenues.

We really could have used a more careful delineation and enumeration of rights and

powers, to more strictly limit the function of government entities, to keep these organs,

tissues and cells in their proper places. Unfortunately, the time to have done this is long past.

Thomas Jefferson had this to say on the timing: "It can never be too often repeated, that the

time for fixing every essential right on a legal basis is while our rulers are honest, and

ourselves united. From the conclusion of this war we shall be going down hill. It will notthen be necessary to resort every moment to the people for support. They will be forgotten,

therefore, and their rights disregarded. They will forget themselves, but in the sole faculty of 

making money, and will never think of uniting to effect a due respect for their rights. The

shackles, therefore, which shall not be knocked off at the conclusion of this war, will remain

on us long, will be made heavier and heavier, till our rights shall revive or expire in a

convulsion. (Notes on the State of Virginia Query XVII, 1782)

Curing the Cancer. As with cancer, the prognosis is in part a function of how far the

pathology has progressed, how large it has become, how broadly it has metastasized and how

much cure the organism is still able to withstand in its diminished state of health. Most

cancer cures come from without and rely of the tumor's lack of internal organization and its

inability to mobilize a directed response. Unfortunately, this is not the case with human

government. The analogy breaks down entirely in this respect: modern government has

developed a far better immune system than the larger organism of society. Government

would not take its medicine even if it were the patient and not the disease, as long as it was

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still in denial about the disease. You can see this simply from attempts to get it to own its past

mistakes. Prevention would be easier, but this needs to be written into the original code, like

non-defective genes in cancer resistant cells.

After developing this extended analogy, this question remains: Does this understanding do

us any good? Does it suggest a cure? If so, the cure certainly lies in restoring the regulatory

function to something more or less outside of the government itself, to the people, and giving

this function a lot more power over government to constrain the creeping arrogation of 

powers beyond a better set of limits - limits that need to be better articulated in future

constitutions and charters. At the same time, it must find a way to decrease what people want,

expect and demand from their governments. Centuries ago we made a wise decision to drive

a wedge between church and state. Our next great task may be to find a better way to separate

bank and state. The present system has proven itself impotent in resisting pressures to grow

and metastasize. Internal and inter-branch checks and balances on power have not led to

checks on growth - if anything, they have led to a silent collusion between the executive,legislative and judicial branches. The government prosecutor will not prosecute the

government. There is no pruning mechanism to check the wild propagation of laws, or

enough sunset clauses to let obsolete laws expire on their own, There are too many ratchets to

keep us from going backwards - the government went activist in the 30's and stayed there,

went regulatory in the 60's and stayed there. Redress is too expensive in both money and in

time. Limited liability laws and civil service tenure protect bad actors. The scope of 

government activity has reached into every aspect of life. The state will never let go of the

idea that growth measured quantitatively is the measure of success, even though growth is

not a prerequisite of life in artificial entities. The government cannot feel humility, or

negative feedback, except as a threat, to which it reacts with its arsenal of arrogated powers.It neither knows nor respects its limits. It does not know when and where to stop. The

Constitution has no practical enforcement provisions whatsoever. It does not even claim that

it is written in English instead of lawyer doublespeak. The body politic needs a far more

aggressive immune system, but that developed by the tumor itself is already much too strong

for the organism to put a new one in place. I am not so unhinged from reality as to think that

any of the following suggestions have any potential broad applications, within the status quo

at least. My own view of the status quo sees somewhere around 85% tumor and a prognosis

of eventual death, without much hope of a cure. Radical surgery would only kill the patient

at this point. I suspect that this government must eventually collapse by the very "economy"

that it sacrificed all other values to inflate, simply because its own growth was tied to this

inflation. This bankruptcy is both economic and ethical. But my time horizons are broader

than most. I can see that something will need to be designed to replace the present systems

after they collapse, and so these offerings are made as future lessons of history, just as

extinctions are the lessons of history to the gene pool. The constructs below are thus

suggestions for the science fiction writer, and for governments that are not yet constituted or

chartered. In this, they are not so unrealistic, but they do assume that anybody considering

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them has very recently learned some very hard lessons about optimistic approaches to human

self-government.

With respect to the chartered powers that are delegated to a government, and the rights that

are reserved by the people, it should be understood by now that this needs to be done with a

lot more clarity and specificity than was done in the constitution of the U.S. or any of its

states. The Ninth and Tenth Amendments, in conjunction with the Necessary-and-Proper and

Posterity Clauses have proven themselves too easy for the cowardly courts to ignore. The

enumeration of powers granted should also include an equally important enumeration of 

powers specifically prohibited. The enumeration of rights reserved should found the right of 

the people to create new rights on constitutional principles and natural law instead of ill-

founded metaphysical and religious theories. There might even be a third enumeration of 

items, perhaps termed a Bill of Responsibilities, acknowledging that duty is the reciprocal of 

right and defining public responsibility entirely in terms of respect for the rights of others.

Such an enumeration could form the ethical foundation and justification for the use of thepolice power, while at the same time setting its limits. There should be no crime, for

example, where there are no victims, and the rationale for punishment could begin to more

towards restitution. In conjunction with this, the principle of subsidiary function, the

devolution of government towards the most practical grassroots level, should be

implemented. The government monopoly should be broken up wherever possible. No social

task should be delegated to entities larger than necessary to do the job. Government growth

cannot be permitted to destroy, replace or in any way undermine the civil and social

institutions, such as charities and voluntary organizations, that help to keep the society

healthy and its people self-reliant.

Even more important is the institution of an extremely powerful regulatory or immune

function. There are some good examples of regulatory and immune functions that work on

smaller scales. Within the present system we still have the free press and free speech. In spite

of what the judges will tell you, the trial-specific nullification of law is still the right and

prerogative of jurors. Sometimes a judge will allow a useful defense argument that sets a

good precedent. There are laws like the Freedom of Information and Privacy Acts, if people

would use them. There are initiatives, petitions and recall elections. Some government

agencies have useful accounting offices and accountability committees. Probably the best

common example of the kind of solution we need is the Internal Affairs Division in some

police forces. This is almost like having an additional branch of that government, endowed

with a lot of power to regulate, nullify, negate or undo a government action, but one that is

granted no power whatsoever to violate the constitution or the people who wrote it. It only

exists to regulate public misconduct. Outside of the current system, the Catholic Church

offers another piece of the puzzle in its office of Advocatus Diaboli, or Devil's Advocate.

This is a member of the organization who is set apart and charged with seeing and presenting

the other side of the issue at hand, usually the arguments for a nominee's sainthood.

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Something like this could be used to ensure that all sides of necessity, propriety and posterity

issues are seen and heard.

Most promising of all, however, is a little-known magistrate's office that was incorporated

into the constitution of the Roman Empire, the office of Censor within the Council of 

Censors. Besides being charged with all things pertaining to the Roman Census, the Censor

had the ability to regulate the public entity's ethical behavior. He could remove a Senator

from office for official misconduct and punish corrupt government officials for malfeasance

and dereliction of duty. He could even overturn acquittals and punish officials who had

escaped prosecution by pulling political strings. It is unfortunate for our purposes here that

the term Censor has come to refer to an arrogant busybody enforcing a legislated morality on

behalf of a government against its people. The primary author of the U.S. Constitution, James

Madison, tried hard to make it clear that "the censorial power is in the people over the

government, not in the government over the people."

To this end, the State of Pennsylvania established a Council of Censors from 1776-1790 in

its State constitution "in order that the public officers of this commonwealth be held

responsible, accountable and culpable for violation of the Contract {Constitution} with we

the people ... . Their duty shall be to inquire whether the constitution has been preserved

inviolate in every part; and whether the judiciary, legislative and executive branches of 

government have performed their duty as guardians of the people, or assumed to themselves

greater powers than they are entitled by the Constitutions. They are also to enquire whether

the public taxes have been justly laid and collected in all parts of this commonwealth and in

what manner the public monies have been disposed of. They shall determine whether the

laws have been duly executed. For these purposes they shall have the power to send forpersons, papers, records and hold hearings for questioning witnesses summoned before their

committee. They shall have authority to pass public censures, to order impeachments and to

recommend to the legislatures the repealing of such laws as appear to them to have been

enacted contrary to the principles of the Constitutions. The said Council of Censors shall also

have the sole and exclusive power of calling a Constitutional Convention to meet within two

years after their sitting if there appear to them to be an absolute necessity of amending any

Article of the Pennsylvania Constitution which may be defective according to the principles

of freedom, explaining such as may be thought not clearly expressed and adding such as are

necessary for the preservation of the rights and happiness of the people." The Constitution of 

the State of Vermont contained similar provisions and nearly the same wording from 1777 to

1870. Both Pennsylvania and Maryland have more recently had "Boards of Censors," both of 

which carry the more commonly known job description of meddling their in citizen's lives on

behalf of the half-established state religion.

I believe it is the institution, or the constitution, of an entirely separate fourth branch of 

government, a Council of Censors, that an Oncological Model of modern government

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suggests as a remedy for metastatic growth, and herewith a complete reboot of the

immunological and regulatory functions in the body politic. It is probably far too late to save

any government that has metastasized as far and completely as that of the U.S. and most of 

its States, counties and municipalities. These people will see their government collapse in

ethical and economic bankruptcy, and take the debt-ridden economy down with it, long

before instituting a change of this magnitude. Those with more distant vision still have a

short time to put their affairs in order. Some may think to bury their scrolls in dry, desert

caves. But it is a fact of life that governments collapse every now and then, and then new

governments get erected in their place, created by new constitutions and charters. That is the

proper time to institute a change such as this, and may be the only useful time to even try,

aside from drafting an occasional "municipal home rule charter." The lessons of history must

be raw and still bleeding. Neither should one want to design a new government in a climate

of full of hope for a brighter tomorrow, or trust in an older-but-wiser people. Every bit of 

hard-earned suspicion that can be held towards the ethically inferior nature of human self-

government should be brought to bear on this effort. It ought to be like designing the viperexhibit at the new zoo. This will be a most wondrous thing for the good of the zoo as a

whole, but you will want to keep a close eye on these reptiles and not let them go wandering

off beyond the places assigned to them. Furthermore, I think that the model suggests an

extremely powerful fourth branch of government, since its sole purpose is the protection of 

the people and the constitution and its only powers are established to undo the powers of 

government. It might safely be acknowledged as the equal of the other three branches

combined. Its members should be elected by a direct vote of the people and they should

answer only to the people, although I personally would suggest that they be elected by a still

narrower body of electors whose sole qualification is an ability to demonstrate at least a basic

working knowledge of the Constitution, so that they may not be in such a hurry to vote awaypowers and rights in response to buzzwords and sound bites. Such a body would solve many

deficiencies in the current society, such as instituting that elusive "eternal vigilance" that is

said to be the price of liberty.

The Council of Censors should have no positive powers of government whatsoever. Its

sole purpose and function should be to act against the government and its representatives

directly on behalf of the people and in defense of the Constitution or local government

charter. The Council of Censors should have no powers whatsoever against citizens, except in

their capacity as agents of the government. The enumeration of its several negative powers

might give this Council: 1) The power to enforce the constitution or charter, and in particular,

the limitation of government actions to those necessary to the function of enumerated

powers, and the limitation of government actions to those proper to the security of the rights

of citizens and guests of the country, whether enumerated or not. 2) The power to veto

amendments to the constitution. 3)The power to declare unconstitutional and thus to annul or

abrogate the products of the legislature, the acts of the executive branch, its bureaucrats and

public officials, and the decisions and precedents of the judicial branch. 4) The power to

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intervene in any government action on behalf of the commons and of posterity. 5) The power

to impeach, bring civil and criminal actions against and expedite the recall of elected public

officials. 6) The power to demand, facilitate and hold referendums and recall elections. 7)

The power to impeach judges at every level of the judiciary and to decide for non-renewal. 8)

The power to suspend the activities of appointed public officers and to reduce them

permanently to a private station. 9) The power to act or demand action without delay on

petitions for the redress of grievances, both individual and collective. 10) The power to act as

ombudsman in any and all bureaucratic processes. 11) The power to redefine, expedite and

enforce due process at all levels of government. 12) The power to deny sovereign immunity,

to deprive the government and its employees of immunity for damages to individuals, groups

and the commons, and to levy fines against budgets, salaries and pensions to restore and

make whole the victims of rights violations. 13) The power to override, reverse or modify

declarations of war and the implementation of force by the military, the several militias and

the police. 14) The power to act as advocatus diaboli on the floor of the legislative body and

to preempt legislation on constitutional grounds before it becomes law. 15) The power to actat will as amicus curaie in the courts. 16) The power to supervise and intervene in the

conducting of grand juries. 17) The power to downsize any branch or agency of the

government. And 18) The power to overturn judicial decisions of the civil and criminal

courts in the light of mitigating circumstances.

Within the Council of Censors there would also be a Ministry of Information with the goal

of maintaining an open and honest dialog between the government and the people. This

ministry would be granted: 1) The power to question and correct government misinformation

and bad science and to ensure that all pertinent sides of arguments are heard and not

suppressed. 2) The power to declassify any information held in secret by the government andto redefine standards for the classification of information in terms of national security. 3) The

power to ensure and enforce the free flow of information, the freedom of the press, the

freedom of the airwaves, and the freedom of speech. 4) The power to publish complaints and

grievances against the government and its personnel. 5) The power to review, remove or

expunge unfavorable entries in the public records and dossiers of private citizens, groups and

corporations. 6) The power to require responsible, honest and public accounting for all

expenditures of public funds and to demand full-disclosure cost-benefit analyses of 

government programs prior to their enactment, including analyses of the costs of all resource

and capital depletion and the costs of their renewal.

Within the Council of Censors there would also be a Ministry of Economics with the goal

of maintaining a sustainable, debt-free economy. This would be given: 1) The power to

enforce balanced budgets and the timely payback of all public debts. 2) The power to require

the revision of economic models used to measure economic success. 3) The power to stay the

hand of the government it its management and insuring of private risk. 4) The power to

require honest accounting and appropriate names for assets and liabilities. 5) The power to

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make and keep visible to the people all of the true costs of government, including embedded

corporate tax costs, import duties, regulatory compliance costs, licensing fees, and mandated

insurance. 6) The power to concentrate regulatory compliance costs on the taxation of 

undesired economic byproducts such as waste, pollution, overconsumption and planned

obsolescence. 7) The power to prevent the subsidization of the production of non-renewable,

scarce and strategic resources so that the laws of supply and demand can return to their

natural regulatory functions. 8) The power to prioritize laissez-faire, free-market economics

and promote economic diversification over Keynesian policies of enhanced government

spending as an inertial flywheel to be used for economic stability. 9) The power to intervene

in the artificial stimulation of the economy by the government wherever this represents an

expense to the taxpayers.

There might only be a handful of provisions needed to provide adequate safeguards against

potential problems and abuses. Among these would be: 1) The Censors need not be made the

sole or final word on the question of necessity - this could be shared by the legislature. 2)The Censors need not be made the sole or final word on the question of propriety - this could

be shared by the courts, and certain decisions of the Censors could be made appealable to the

courts. 3) Pension and retirement programs and funds for civil servants would need to be

made more perfectly mobile so that even the most tenured official could be more easily

removed from office. 4) A system would need to be in place to prevent unsubstantiated,

frivolous and fraudulent complaints by citizens against the government, which could be as

simple as a loser-pays system, requiring a filing fee that is refundable to the successful

plaintiff. And 5) The system would need to establish a burden of proof and rules of evidence

to be borne by the plaintiff.

Finally, maybe a gifted wordsmith somewhere can come up with an alternative term for

the word government, one which has more connotations of service and utility and less of 

control and power over others. It was a big mistake to allow present governments to use the

word Rights to refer to their delegated powers. It was a big mistake to allow them to use the

word Sovereignty to refer to the domains and dominions and decision-making abilities that

we entrusted them with. At least in theory, the government does not set up a ruling class

anymore, but a class of public servants. Authority, in the long run, is for authors, and even

that ought to be better constrained to the author's specific area of expertise.