. . . The President’s view is not necessarily statist in the sense that everything must come from government. He holds the fairly standard view that markets should be robust, but that market failures and other societal needs require government action. His views about the size of government are of course more expansive than that of most readers of this blog, but they are not out of the mainstream: they summarize the standard progressive position.
Yet it is not this antinomy between large versus small government that I want to discuss here. It is, rather, the President’s concept of legitimacy of government action. His view is disarmingly simple: the government is us. The government is not morally separate from us. We are part of it; indeed, that is the centerpiece of the “brave and creative and unique experiment in self-rule” that the President evokes. This view seems to suggest that when the government acts, it’s we who act. So if (say) the government snoops on journalists, then it is us who are snooping on journalists. This is because government and people are one undifferentiated entity. In our democracy, the government can never be tyrannical by definition, because whatever harm the government may inflict, it is self-inflicted. The people has harmed itself, and, of course, volenti non fit injuria (to the willing no injustice is done.) So when you lash out against government you are not lashing out against some sinister entity that is alien to you, but at an institution of which you are an integral part. Such view owes much to Rousseau and his concept of the collective will. Immanuel Kant flirts with this idea as well (see the Doctrine of Right on legislation, and his claim that the concept of revolution is an oxymoron). It is also reminiscent of some of Hegel’s organic conceptions of the state.
The idea, however, does not stand scrutiny. The government is an agent that we hire to do a certain job. The government is not us. It is contractually related to us. It has a fiduciary duty toward us, the duty to provide the services for which it was hired. This does not prejudge the question of how large that mandate should be. As any economist knows, fiduciary relationships often generate agency costs. The government sometimes acts ultra vires, it oversteps its powers, it spins out of control. When that happens, the position that the government is separate from us, that it has turned against us, is perfectly intelligible and justified. With the possible exception of Rousseau, the view that democratic procedures are sufficient warrant for government action is not supported by any credible philosophical view.
Let me put the matter a different way. In a well-functioning democracy, a government is composed of officials who play certain roles defined by laws, by rules. When officials perform coercive acts unauthorized by those rules, they violate the rights of the subjects. Those acts are impermissible acts of coercion. If this is correct, then the insistence that our “unique experiment in self-rule” somehow preempts us from warning about the dangers of government must be rejected. With the exception of anarchists, few people take the view that government is a “separate, sinister entity.” What libertarians and others do is to warn against the excesses of government, its threats to our liberties, its inefficiencies. Above all (and this is something the President overlooks), critics of government, armed with the tools of public choice, point out that the bigger government becomes, the greater is the threat it poses, the larger is the probability that it will malfunction and exceed its rightful function.
—Fernando Teson. (Emphasis in the original.)