A Republic, If You Can Keep It

The interlocking achievements of Kurt Gödel, which revolutionized the rigorous understanding of logic, arithmetic, and time, are not of a nature that wins ready popular acclamation. There is nevertheless a broadly factual story about him that has attained some notable level of popularity, and it is one that connects suggestively with the core concerns of his work. At the website of the Institute for Advanced Study (where Gödel was based from 1940 until his death in 1978), Oskar Morgenstern’s recollection of the episode in question is recorded:

[Gödel] rather excitedly told me that in looking at the Constitution, to his distress, he had found some inner contradictions and that he could show how in a perfectly legal manner it would be possible for somebody to become a dictator and set up a Fascist regime never intended by those who drew up the Constitution. I told him that it was most unlikely that such events would ever occur, even assuming that he was right, which of course I doubted.

But he was persistent and so we had many talks about this particular point. I tried to persuade him that he should avoid bringing up such matters at the examination before the court in Trenton, and I also told Einstein about it: he was horrified that such an idea had occurred to Gödel, and he also told him he should not worry about these things nor discuss that matter.

Many months went by and finally the date for the examination in Trenton came. On that particular day, I picked up Gödel in my car. He sat in the back and then we went to pick up Einstein at his house on Mercer Street, and from there we drove to Trenton. While we were driving, Einstein turned around a little and said, “Now Gödel, are you really well prepared for this examination?” Of course, this remark upset Gödel tremendously, which was exactly what Einstein intended and he was greatly amused when he saw the worry on Gödel’s face.

When we came to Trenton, we were ushered into a big room, and while normally the witnesses are questioned separately from the candidate, because of Einstein’s appearance, an exception was made and all three of us were invited to sit down together, Gödel, in the center. The examiner first asked Einstein and then me whether we thought Gödel would make a good citizen. We assured him that this would certainly be the case, that he was a distinguished man, etc.

And then he turned to Gödel and said, Now, Mr. Gödel, where do you come from?

Gödel: Where I come from? Austria.

The examiner: What kind of government did you have in Austria?

Gödel: It was a republic, but the constitution was such that it finally was changed into a dictatorship.

The examiner: Oh! This is very bad. This could not happen in this country.

Gödel: Oh, yes, I can prove it.

To the great advantage of intelligence on earth, Gödel did not in the end disqualify himself from residence in the USA through this disastrously over-accurate understanding of its constitution. Evidently, despite everything that had happened by 1947, detailed attachment to the constitution had not yet become a thought-crime.

Today, emphatic attachment to the US Constitution is restricted to the decent i.e. lunatic fringe of the Outer Party, and even crankier outliers. Hardcore libertarians tend to dismiss it as a distraction, if not a malign incarnation of statist degeneracy (when compared to the less Leviathan-compatible Articles of Confederation). Reactionary realists of the Moldbug school (in all their vast multitudes) are at least as dismissive, seeing it as little more than a fetish object and evasion of the timeless practical question: Quis custodiet ipsos custodes? If constitutions are realistically indefensible, both in principle and as a matter of brutally demonstrated historical fact, what significance could they have to any cold-eyed analysis of power?

Since the overwhelmingly bulk of present USG activity is transparently unconstitutional, the skeptical case largely makes itself. Presidents mobilize congressional support to appoint Supreme Court justices whose principal qualification for office is willingness to conspire in the subversion of the constitution, to the deafening applause of a pork-ravening electorate and their intermediary lobbies. How could that plausibly be resisted? Perhaps that was Gödel’s point.

In fact, no one really knows what Gödel’s point was. Jeffrey Kegler, who has examined the topic carefully, leaves it open. “Apparently, the ‘inconsistency’ noted by Gödel is simply that the Constitution provides for its own amendment,” suggests a “gravely disappointed” Mark Dominus, who “had been hoping for something brilliant and subtle that only Gödel would have noticed.” Dominus draws this tentative conclusion from Peter Suber’s Paradox of Self-Amendment, where it is stated more boldly:

Kurt Gödel the Austrian logician understood that an omnipotent AC contained the risk of tyranny. Gödel studied the U.S. constitution in preparation for his oral citizenship examination in 1948. He noticed that the AC had procedural limitations but no substantive limitations; hence it could be used to overturn the democratic institutions described in the rest of the constitution.

Suber adds: “A desire to limit the amending power, or to make it more difficult — not the same thing — shows a distrust for democracy or a denial that in general the people deserve what they get.” (We’ll get back to that later.)

This is conceptually persuasive, because it harmonizes Gödel’s constitutional concerns with his central intellectual pre-occupation: the emergence of inconsistencies within self-referential formal systems. The Amending Clause (Article V, section 1) is the occasion for the constitution to talk about itself, and thus to encounter problems rigorously comparable to those familiar from Gödel’s incompleteness theorems in mathematical logic. Despite the neatness of this ‘solution’, however, there is no solid evidence to support it. Furthermore, self-referential structures can be identified at numerous other points. For instance, is not the authority of the Supreme Court respecting constitutional interpretation a similar point of reflexivity, with unlimited potential for circularity and paradox? This insight, highly-regarded among the neo-reactionaries, recognizes that the constitution allows – in principle – for a sufficiently corrupted Supreme Court to ‘interpret’ its way to absolute power (in conformity with a constitution that has sublimed into pure ‘life’). Insofar as a constitution allows for its own processing, it must – ultimately — allow anything.

Moldbug asks us to accelerate through this formal tangle, cutting the Gordian knot. “Sovereignty is conserved,” he repeats, insistently, so the occasions when power undertakes to bind itself are essentially risible. Of course the final custodian of the constitution is a constitutionally unrestrained dictator. That’s simple Schmittian sanity.

With all due contempt for argumentum ad hominem, it can probably still be agreed that Gödel was not a fool, so that his excited identification of a localized flaw in the US Constitution merits consideration as just that (rather than an excuse to bin the entire problematic). The formal resonances between his topically disparate arguments provide a further incentive to slow down.

Whether in number theory, or space-time cosmology, Gödel’s method was to advance the formalization of the system under consideration and then test it to destruction upon the ‘strange loops’ it generated (paradoxes of self-reference and time-travel). In each case, the system was shown to permit cases that it could not consistently absorb, opening it to an interminable process of revision, or technical improvement. It thus defined dynamic intelligence, or the logic of evolutionary imperfection, with an adequacy that was both sufficient and necessarily inconclusive. What it did not do was trash the very possibility of arithmetic, mathematical logic, or cosmic history — except insofar as these were falsely identified with idols of finality or closure.

On the slender evidence available, Gödel’s ‘reading’ of the US Constitution was strictly analogous. Far from excusing the abandonment of constitutionalism, it identified constitutional design as the only intellectually serious response to the problem of politics (i.e. untrammeled power). It is a subtle logical necessity that constitutions, like any formal systems of comparable complexity, cannot be perfected or consistently completed. In other words, as Benjamin Franklyn fully recognized, any republic is precarious. Nothing necessarily follows from this, but a number of things might.

Most abruptly, one might contemplate the sickly child with sadness, before abandoning it on the hillside for the wolves. Almost every interesting voice on the right seems to be heading this way. Constitutions are a grim joke.

Alternatively, constitutionalism could be elevated to a new level of cultural dignity, in keeping with its status as the sole model of republican government, or truly logical politics. This would require, first of all, that the necessity for constitutional modification was recognized only when such modification made the constitution stronger, in purely formal, or systemic terms. In the US case, the first indication of such an approach would be an amendment of Article Five itself, in order to specify that constitutional amendments are tolerated only when they satisfy criteria of formal improvement, legitimated in exact, mathematical terms, in accordance with standards of proof no different than those applicable to absolutely uncontroversial arguments (theorems). Constitutional design would be subsumed within applied mathematics as a subsection of nonlinear control theory.

Under these (unlikely) circumstances, the purpose of the constitution is to sustain itself, and thus the Republic. As a mathematical object, the constitution is maximally simple, consistent, necessarily incomplete, and interpretable as a model of natural law. Political authority is allocated solely to serve the constitution. There are no authorities which are not overseen, within nonlinear structures. Constitutional language is formally constructed to eliminate all ambiguity and to be processed algorithmically. Democratic elements, along with official discretion, and legal judgment, is incorporated reluctantly, minimized in principle, and gradually eliminated through incremental formal improvement. Argument defers to mathematical expertise. Politics is a disease that the constitution is designed to cure.

Extreme skepticism is to be anticipated not only from the Moldbuggian royalists, but from all of those educated by Public Choice theory to analyze ‘politics without romance’. How could defending the constitution become an absolute, categorical or unconditional imperative, when the only feasible defenders are people, guided by multiple incentives, few of which align neatly with objective constitutional order? Yet, how is this different from the question of mathematical or natural scientific progress? Are not mathematicians equally people, with appetites, egos, sex-driven status motivations, and deeply defective capabilities for realistic introspection? How does maths advance? (No one can seriously deny that it does.) The answer surely lies in its autonomous or impersonal criteria of excellence, combined with pluralistic institutions that facilitate Darwinian convergence. The Gödelian equivalence between mathematical logic and constitutional government indicates that such principles and mechanisms are absent from the public domain only due to defective (democratic-bureaucratic) design.

When it comes to deep realism, and to guns, is there any reason to think the military is resistant by nature to constitutional subordination? Between the sublime office of Commander in Chief, and the mere man, is it not obvious that authority should tend to gravitate to the former? It might be argued that civilization is nothing else, that is to say: the tendency of personal authority to decline towards zero. Ape-men will reject this of course. It’s what they do.

Between democracy, monarchy, anarchy, or republican government, the arguments will not end soon. They are truly ancient, and illustrated in the Odyssey, by the strategy of binding oneself against the call of the Sirens. Can Odysseus bind himself? Only republicans defend the attempt, as Gödel did. All of the others let the Sirens win. Perhaps they will.

[Tomb]