As the legislative and executive branches of government demarcate the boundaries of private decision making, so the courts have confined the scope of the government’s activities. Constitutional guarantees encumber the state precisely so that the state may not encumber the citizen. Imposing outsiders’ rules to supersede insiders’ understanding and flexibility is questionable even as social policy, aside from its constitutional problems. When something similar was suggested for the Supreme Court itself, in the modest form of a case prescreening panel to reduce its work load, the institutional needs of the court were expressed in terms which go to the heart of what the court’s own decisions have done to other institutions across the country. According to Justice Brennan, “flexibility would be lost”407 in an “inherently subjective” process408 with “intangible factors”409 that are “more a matter of ‘feel’ than of precisely ascertainable facts,”410 and which involve a “delicate interplay” of “discretionary forces.”411 The tragedy is that he apparently considered this to be an institutional peculiarity of the Supreme Court,412 rather than a pervasive fact of decision making in general.
Chapter 10
Among the prominent political currents of the twentieth century are (1) a worldwide growth in the size and scope of government, (2) the rise of ideological politics, and (3) the growing political role of intellectuals. In addition, it has been an “American century” in terms of the growing role of the United States on the world stage, particularly during two world wars and in the nuclear age. This does not imply that international events have followed an American blueprint or have even been favorable on the whole to American interests or desires. It does imply that the fate of the United States has become of world historic, rather than purely national, significance. These developments will be considered here in terms of their implications for the effective use of knowledge in social processes, and in terms of the even more important question of their implications for human freedom.
SIZE
By almost any index, government has grown in size and in the range of its activities and powers over the past century, throughout the Western world. This has been true of governments at all levels, but particularly of central or national government. In the United States, there were less than half a million civilian employees of the federal government as late as the onset of World War I, but there are now more than six times that number,1 and even this understates the growth of the federal payroll, because “most government activities are carried out by workers who are not included in the federal employment statistics”2 — employees of federal contractors or subcontractors, and state and local programs financed and controlled from Washington. In addition, “about one person in every four in the U.S. population receives
One of the problems in trying to comprehend federal spending is that the units involved — billions of dollars — are so large as to be almost meaningless to many citizens. To visualize what a billion dollars means, imagine that some organization had been spending a thousand dollars a day
The size of government has grown, not simply by doing more of the same things but by expanding the scope of what it does. At the extreme of this development, a new political phenomenon has made its appearance in the twentieth century — the totalitarian state. Undemocratic, despotic, or tyrannical governments have existed down through the ages, but the totalitarian state is more than this.