We must here avoid using words ambiguously. When I speak of the
absolute state, I do not refer to the constitutional arrangement of
powers within the state. It is of no importance in this connection
whether the absolute power of the state is exercised by a king,
a landed aristocracy, bankers and manufacturers, professional
politicians, soldiers, or a random majority of voters. It does not
matter whether the right to govern is hereditary or obtained with the
consent of the governed. A state is absolute in the sense which I
have in mind when it claims the right to a monopoly of all the force
within the community, to make war, to make peace, to conscript life,
to tax, to establish and disestablish property, to define crime, to
punish disobedience, to control education, to supervise the family,
to regulate personal habits, and to censor opinions. The modern state
claims all these powers, and in the matter of theory there is no real
difference in the size of the claim between communists, fascists, and
democrats. There are lingering traces in the American constitutional
system of the older theory that there are inalienable rights which
government may not absorb. But these rights are really not inalienable
because they can be taken away by constitutional amendment. There
is no theoretical limit upon the power of the ultimate majorities
which create civil government. There are only practical limits. They
are restrained by inertia, and by prudence, even by good will. But
ultimately [p081] and theoretically they claim absolute authority as
against all foreign states, as against all churches, associations, and
persons within their jurisdiction.
The victory of the civil power was not achieved everywhere at the same
time. Spasmodically, with occasional setbacks, but in the long run
irresistibly, the state has attained supremacy. In the feudal age the
monarch was at no time sovereign. The Pope was the universal lawgiver,
not only in what we should call matters of faith, but in matters
of business and politics as well. As late as the beginning of the
Seventeenth Century, Pope Paul V insisted that the Doge of the Venetian
Republic had no right to arrest a canon of the church on the charge of
flagrant immorality. When, nevertheless, the canon was arrested, the
Pope laid Venice under an interdict and excommunicated the Doge and the
Senate. But the Venetian Government answered that it was founded on
Divine Right; its title to govern did not come from the church. In the
end the Pope gave way, and “the reign of the Pope,” says Dr. Figgis,
“as King of Kings was over.”
Public-domain text, read in full here on John Shaqi.
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