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«Upholding the Australian Constitution Volume Seventeen Proceedings of the Seventeenth Conference of The Samuel Griffith Society Greenmount Beach Resort, ...»

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Make no m i s t a k e about i t. The republic is a c o n s t i t u t i o n a l device t o e x p a n d m a n a g e r i a l control over everyone w i t h i n t h e t e r r i t o r i a l j u r i s d i c t i o n of the Commonwealth government. By getting r i d of a B r i t i s h monarch, a n d removing the Union Jack f r o m t h e f l a g, r e p u b l i c a n s a i m to d e t a c h t h e f e d e r a l C o n s t i t u t i o n f r o m i t s o r i g i n a l or core e t h n o - c u l t u r a l i d e n t i t y. O n c e t h e s u p r a national authority of the British Crown has been nationalised, citizenship will become the exclusive property of the Commonwealth government. At that point, the corporate welfare state will be free to create a new Australian nation in its own disembodied image. The ideological mullahs of the managerial regime aim to purge the Australian people of their historic Anglo-Celtic or British identity. 6 Australian élites were once ashamed of their convict origins. Nowadays the great and the good are embarrassed by any mention of their “English” Queen in the presence of visiting foreign potentates. In f a c t, of course, the A u s t r a l i a n nation-state was created by a proudly British people, for whom it was a matter of h i s t o r i c a l record t h a t the English Crown-in-and-out-of-Parliament was t h e original s o u r c e f o r t h e f o u n t a i n o f law and j u s t i c e. T h e y u n d e r s t o o d t h a t t h e t e r m “ B r i t i s h ” i s n o t s i m p l y a n e t h n i c c a t e g o r y. I t s w i d e s p r e a d modern usage grew out of a major constitutional achievement, the rise of the United Kingdom of Great B r i t a i n and Ireland. Ironically, h i s t o r i a n s tell us t h a t B r i t i s h p a t r i o t i s m f l o w e r e d w i t h i n t h e neo-classical t r a d i t i o n s of 18 th Century AngloAmerican or Atlantic civic republicanism. 7 Despite the fact that the English, the Welsh, the Scots and the Irish were separate and distinct, albeit closely related ethnic groups, they had all taken on a common, or British, civic identity by the end of the 18 th Century. In the settler colonies ethnic differences were even more readily submerged in a s h a r e d c i v i c identity, so that colonial Americans and, later, Australians, Canadians and New Zealanders became more B r i t i s h t h a n the B r i t i s h. 8 Throughout the E m p i r e, increasing numbers of French-Canadians, Jews, Afrikaners, Germans, a n d Indians, to name but a few, were steadily incorporated into a global community of British subjects owing allegiance to the Crown.

Nevertheless, it must be acknowledged that “Britishness”, understood as a civic identity, could never have arisen, nor could it survive, apart from the core ethno-cultural identity provided by the English people in particular. Indeed, the greater the genetic distance between any given ethny and the English people, the more likely they are to resent and r e s i s t t h e i r f u l l a s s i m i l a t i o n i n t o a B r i t i s h society. 9 Each in t h e i r own way, even ethnie phenotypically s i m i l a r to t h e English, such a s the I r i s h, the Quebecois, and Jews (whether Orthodox s e p a r a t i s t s or secular h u m a n i s t advocates of m a s s i m m i g r a t i o n a n d multiculturalism), have worked to sever the civic significance of British identity from its ethnic roots.

Today, A u s t r a l i a ’ s s t i l l predominantly Anglo-Celtic p o l i t i c a l class also rejects a s “ r a c i s t ” any suggestion t h a t the nation possesses a core, B r i t i s h ethnocultural identity. Contemporary Australian citizenship is grounded not in ethnicity but in bureaucratic paperwork. Our rulers are dissolving the old AngloA u s t r a l i a n n a t i o n to p u t a newly d i s a g g r e g a t e d, polyethnic and m u l t i - r a c i a l people in its place.

The A u s t r a l i a n n a t i o n - s t a t e w i l l cease to e x i s t if republicans have t h e i r w a y. I t w i l l b e c o m e a s t a t e w i t h o u t a n a t i o n. P a t r i o t i s m w i l l be displaced by new forms of s t a t i s t i d o l a t r y. “ C o n s t i t u t i o n a l p a t r i o t i s m ”, a s the new s t a t e religion is called, disapproves the love of fathers. Instead, we are to transfer our loyalty to an impersonal state liberated from the bonds of history and law.

Lest the managerial regime be confined within the old superstitious rituals of “ancestor worship” associated with the common law jurisprudence of liberty, progressive judges have already t r a n s f o r m e d t h e m e a n i n g o f c o n s t i t u t i o n a l i s m itself. The Constitution is no longer a set of fixed rules and principles intended to l i m i t the potentially despotic reach of governments. On the contrary, in wellmanaged, modern republics, C o n s t i t u t i o n s are heavily-watered “living trees”. 10 Open to perpetual i n n o v a t i o n f r o m t h e t o p down, t h e i r f u n c t i o n i s to enhance the power of the s t a t e. T r a d i t i o n, a u t h o r i t y and the common law s p i r i t of liberty, all will be sacrificed on the multiculturalist altar of equality. 11 P a t r i o t i c resistance could s t i l l derail the “inevitable” victory of t h e managerial republic. However, such a struggle must be waged in the name of the A u s t r a l i a n nation, understood a s p a r t of a p a r t i c u l a r ethny. “An ethny,” according to Frank S a l t e r, “is analogous to a population of cousins”. AngloA u s t r a l i a n s share m y t h s of common ancestry, h i s t o r i c a l memories and many elements of a common culture with their ethno-cultural “cousins” in the various polities created out of the h i s t o r i c B r i t i s h d i a s p o r a e m a n a t i n g from t h e a n c e s t r a l h o m e l a n d i n B r i t a i n. 12 That Australians can never be an island unto themselves is something that was well understood by our fore-fathers. They valued their special relationship w i t h o t h e r British-derived nations, especially but not exclusively those which s t i l l owe allegiance to the Queen, such a s C a n a d a, New Zealand and the UK itself.





Together with the USA, those nations i n h a b i t a common English-speaking world, the Anglosphere, w i t h i t s own distinctive language, history and civic culture. 13 S t r o n g t r a d i t i o n s o f E n g l i s h i n d i v i d u a l i s m d a t i n g b a c k t o t h e M i d d l e Ages, if n o t t o p r e h i s t o r i c t i m e s, l e n t d y n a m i s m t o t h e B r i t i s h d i a s p o r a a n d provided the cultural basis for the most successful liberal democracies and free m a r k e t economies. 14 In t h e f u t u r e, a s in t h e p a s t, t h e f a t e of the A u s t r a l i a n nation, no less than that of the British monarchy, will depend upon the capacity

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The idea of a Patriot King in an age of mass migration Only the Crown can call both despotic governments and corrupted peoples back t o t h e o r i g i n a l principles of liberty owing t h e i r g e n e s i s t o the ancient B r i t i s h c o n s t i t u t i o n. At any r a t e, t h a t is w h a t the 18 th Century opposition leader Viscount Bolingbroke tells us. Fearful that the rise of a vast, impersonal system of finance c a p i t a l would t r a n s f o r m government into a s o r t of self-imposed Norman Yoke, Bolingbroke wondered “whether, when the people are grown corrupt, a free government could be maintained, if they enjoy it; or established, if they enjoy i t n o t ? ”. 15 Certainly an elective monarch (whether called a President, a Governor-General or a K i n g ) was ill-equipped and unlikely to save from themselves a corrupt people.

Bolingbroke was convinced that such a people might indeed be saved, b u t only “by means of a very different kind”. T h a t m a n n e r of salvation will not be open to us, Bolingbroke suggests, “without the concurrence and the influence of a P a t r i o t K i n g, t h e m o s t u n c o m m o n o f all phenomena in the physical or m o r a l w o r l d ”. F o r B o l i n g b r o k e, i t w a s a x i o m a t i c t h a t “ [ p ] a t r i o t i s m m u s t b e founded i n g r e a t p r i n c i p l e s a n d supported by g r e a t v i r t u e s ”. 16 If the people have fallen away from the s p i r i t of liberty once a s s o c i a t e d w i t h the ancient B r i t i s h constitution, it is the duty of their King to call them back to the first principles of free government.

The conventional wisdom has it that the monarch has no role to play in any decision to expunge the Crown from the Commonwealth Constitution. The Queen herself has s a i d i t is a m a t t e r for the A u s t r a l i a n people and t h a t she will accept whatever decision they make. In that respect, Her Majesty has behaved in the regular and thoroughly predictable manner expected of her. B u t no one should doubt t h a t the monarch possesses a prerogative power to a c t, spontaneously and unpredictably, in defence of the Constitution. Australia’s then Governor-General, Sir John Kerr made that clear on 11 November, 1975.

Ignoring the convention that the Governor-General can act only on the advice of his Ministers, Kerr invoked the reserve powers of the Crown to d i s m i s s t h e Whitlam Labor government. 17 T h e L a b o r m i n i s t r y s t i l l c o m m a n d e d a m a j o r i t y i n the House of Representatives: nevertheless it immediately surrendered office to a c a r e t a k e r government under Liberal P r i m e M i n i s t e r Malcolm Fraser. Gough W h i t l a m ’ s d i e - h a r d s u p p o r t e r s r e m a i n e d in a s t a t e of denial for many years afterward, but at the time of his dismissal the Labor leader never dared to call into question the authority behind the vice-regal decision. 18 The c o n s t i t u t i o n a l efficacy of Kerr’s action i l l u s t r a t e s the t r u t h of C a r l S c h m i t t ’ s d i c t u m t h a t the “exception in jurisprudence is analogous to t h e miracle in theology”. 19 Rooted in the faculty of freedom, political action always i n t e r r u p t s a u t o m a t i c and p e t r i f i e d processes; i t represents a new beginning, breaking into the world as an “infinite improbability”. For that reason, Hannah

Arendt maintained that:

“……. it is not in the least superstitious, it is even a counsel of realism, to look for the unforeseeable and the unpredictable, to be prepared for and to expect ‘miracles’ in the political realm”. 20 I t is therefore worth asking whether the reign of a P a t r i o t King in Australia could “effectively restore the virtue and public spirit essential to the preservation of liberty and n a t i o n a l p r o s p e r i t y ? ”. 21 Could the h e r e d i t a r y monarchy, once a g a i n, become the hinge upon which the whole C o n s t i t u t i o n moves?

In his day, Bolingbroke knew, such a suggestion would “ p a s s among some for the reveries of a distempered brain”. 22 Today, the ability of t h e m o n a r c h t o act independently is even more hemmed in by r i g i d l a w s a n d conventions. B u t both reason and experience confirm that neither a King nor his subjects can be transformed forever into a u t o m a t o n s. C e r t a i n l y, Bolingbroke knew, t h e a n c i e n t British constitution has always stood upon a dual foundation.

W i t h o u t question, the legal forms and p o l i t i c a l conventions of t h e p a r l i a m e n t a r y r e g i m e a r e a n e s s e n t i a l f e a t u r e o f our c o n s t i t u t i o n a l o r d e r. B u t the c o n s t i t u t i o n dwells, a s well, in the s p i r i t and c h a r a c t e r of the people.

Bolingbroke warned that the preservation of liberty depended upon “the mutual conformity and harmony” of those two elements. 23 Once the spirit of the people is broken or corrupted, the fundamental order of the constitution must be altered, if not destroyed.

Our cosmopolitan élites believe t h a t decades of m a s s i m m i g r a t i o n have t r a n s f o r m e d the c h a r a c t e r of the A u s t r a l i a n people. Certainly, republican manifestoes regularly assert as established fact the conclusory claim that, “We are no longer a B r i t i s h people”. If so, the change cannot be p u t down t o immigration alone, since the United Kingdom abandoned the Dominions to enter Europe. Interestingly, John Hirst attributes some of the blame for that betrayal to the Queen, who “ h a s been to S t r a s b o u r g to give her sanction to B r i t i s h membership of the European Community”. In so doing, H i r s t charges, she became “one of the enemies of rural Australia”. 24 H i r s t ’ s a r g u m e n t implies, of course, t h a t the Queen owes a duty of protection to all her subjects wherever they may be. Bolingbroke agreed, declaring t h a t w h e n a people establish a free c o n s t i t u t i o n, t h e i r Kings come “ u n d e r t h e m o s t s a c r e d o b l i g a t i o n s t h a t h u m a n l a w c a n c r e a t e, a n d divine l a w authorize, to defend and maintain the freedom of such constitutions”. 25 The Crown has always been under a positive d u t y t o protect t h e s p i r i t of B r i t i s h liberty. T h a t obligation became especially compelling once universal suffrage p e r m i t t e d every elected government to identify i t s own a b s o l u t i s t pretensions w i t h the will of the people. Today, the allegedly enlightened despotism holding sway over the British peoples is even more insidious. In t h e name of universal human rights, their historic claim to secure possession of an ethnic homeland has been cast into doubt, both “at home” and in the old white settler Dominions.

I n A u s t r a l i a, C a n a d a, a n d N e w Z e a l a n d, a n d even in t h e U n i t e d K i n g d o m, not to mention t h e U n i t e d S t a t e s, t h e u l t i m a t e g e n e t i c i n t e r e s t s o f the AngloSaxon ethny are at risk. Ethnie, like individuals and families, have an interest in securing “the indefinite survival of t h e i r own distinctive genes and t h e i r copies, whether these be resident in the individual, i t s descendants, or i t s collateral relatives”. 26 Governments opening t h e i r borders to T h i r d World immigration, and enforcing policies of official multiculturalism, have seriously compromised the genetic interests of the Australian ethny.

The Anglo-Australian people c o n s t i t u t e a large, p a r t l y inbred, extended f a m i l y, w i t h i n w h i c h even d i s t a n t kin “carry g e n e t i c i n t e r e s t s f o r e a c h o t h e r ”.

But, because – at any given level of technology – the Australian landmass has a finite c a r r y i n g c a p a c i t y, m a s s i m m i g r a t i o n m u s t replace A u s t r a l i a n children with those of other, more or less unrelated, ethnic extended families.

If immigrant groups are genetically distant from the Australian ethny, the d a m a g e to i t s g e n e t i c i n t e r e s t s w i l l be especially pronounced. If England, f o r example, received 12.5 million closely related Danish immigrants, Frank S a l t e r has calculated that the genetic loss to the remaining English would be relatively low, amounting to the equivalent of 209,000 children. But t h e s a m e n u m b e r of immigrants from India would cause a corresponding loss of 2.6 million children.

Bantus are even more genetically remote from the English. An influx of 12.5 million Bantus would displace the equivalent of 13 million English children. If Indians or Bantus displayed higher fertility rates than the host population, the genetic losses incurred by the English would be higher still. 27 In the same way, the abolition of the White A u s t r a l i a Policy s t r i p p e d A u s t r a l i a n s of the ethnic monopoly over t h e i r antipodean homeland t h a t t h e Federation of the Colonies in 1 9 0 1 h a d been designed to secure. The r e s u l t a n t d a m a g e t o t h e i r g e n e t i c i n t e r e s t s c a n also be understood as a n a t t a c k o n t h e foundation of their constitutional freedoms.



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