
The Probability Broach, chapter 14
Win, Ed and Lucy are face-to-face with John Jay Madison, the mastermind who’s responsible for the repeated assassination attempts that Win has been dodging ever since he arrived in this world.
And Madison doesn’t care whether they know it or not. Although he offers rote denials that he had anything to do with the attacks, he leers at them with superficial politeness that disguises barely concealed malice. He relishes the chance to taunt them, knowing they have no proof:
He rose, thrust his hands in his pockets, and paced, almost talking to himself, his eyes intent on some other place, some other time. “Inevitably, your investigations will reveal that my real name isn’t John Jay Madison. I was born Manfred, Landgraf von Richthofen. Quite a mouthful, isn’t it? It was, at one time, a name and family of some influence in Prussia, and of not inconsiderable wealth. The War changed that, of course. So, with perhaps a false start or two, I came to America to repair my fortunes.”
He spread his arms. “As you can see, I have, to a certain extent, accomplished that. I changed my name because John Jay and James Madison were, in my view, men of merit, of historical importance to both my homeland and this organization—certainly very American, something I was determined to become and rather easier to pronounce.”
He remarks that he almost named himself after Alexander Hamilton, but decided against it:
“I should have adopted his name, had I dared. I assure you it is held in the esteem it deserves, elsewhere in the System—still, I must be able to buy groceries without arousing counterproductive passions…
Though you may disagree with what I believe, nevertheless I insist on being allowed to believe it, unmolested.”
There’s a tension here which Smith alludes to, but doesn’t resolve.
On the one hand, he’s insistent that in the North American Confederacy, people have total freedom. Everyone can believe, speak and act as they see fit, so long as they don’t harm others. No one is harassed or oppressed because of their opinions. The vast majority of NAC citizens respect these implicit rights, even though there’s no law forcing them to do so.
On the other hand, in this passage, he admits (reluctantly?) that you can be so unlikable that people will ostracize you and refuse to do business with you. And as he said earlier, that’s effectively a death sentence in a society with no safety nets of any kind.
This shows that, even if the author doesn’t want to admit it, an anarcho-capitalist world wouldn’t be a haven of unfettered free speech. It would have a strong drive toward conformity. Everyone would have a natural incentive to fall in line with the dominant opinions of their community, their landlord, or their employer. Whoever you’re dependent on to supply you with the stuff of life, that person would have immense power over you. Why risk pissing them off by being a gadfly?
Arguably, a world with a comprehensive state safety net is more free for this reason. People can say what they wish, safe in the knowledge that their survival doesn’t depend on pleasing the nearest rich guy. No one can snap their fingers and deprive you of food, housing or health care. If there’s a mob at your door, there are (at least theoretically) police you can call who will come and protect you, even if they dislike you.
Some countries, though not the U.S., go even farther in the pursuit of individual rights by instituting employment contracts which guarantee that an employer can only dismiss you for good cause. You can’t be fired just because your boss doesn’t like your face.
Ostensibly to prove he has nothing to hide, Madison gives them a tour of his house—an enormous, rambling mansion that’s more like a museum. There are artifacts from wars and other political events through the decades that the Hamiltonians played a part in. Win notices one especially significant exhibit:
In a sort of chapel, spread like a Bible in a helium-filled glass altar, lay the Constitution of the United States. “We, the People, in order to form a more perfect Union…”
There wasn’t any Bill of Rights.
This is a peculiar line for L. Neil Smith to include.
Obviously, readers are supposed to take this as further proof of Madison’s evil. He wants to conquer the world and impose centralized government, and he venerates the Constitution as symbolic of this. His (presumably deliberate) exclusion of the Bill of Rights shows that his hunger for power isn’t counterbalanced by any concern for people’s rights and freedoms.
But why does Smith think it makes any difference whether it’s there or not?
Lest we forget, Smith described the Constitution as a villainous conspiracy foisted upon an unconsenting nation. He denounced it as an intolerable infringement on freedom, so thoroughly corrupt that it couldn’t be reformed; it had to be scrapped and the country started over from scratch. Those who were responsible for writing it fared little better: George Washington was executed by firing squad, and Alexander Hamilton fled into disgraceful exile.
When you start from that perspective, why does it matter if there’s a Bill of Rights? He’s argued throughout this book that government is evil, full stop. But the fact that Madison, the actual villain of this novel, dislikes the Bill of Rights… doesn’t that imply that maybe the Constitution wasn’t as all-around bad as Smith wants us to think?
This is something he otherwise never concedes: that there can be degrees of government. Maybe, just maybe, it’s possible to have a government which actually values and protects its citizens’ rights, and this is preferable to a government which makes no such guarantees.
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Other posts in this series:

https://www.youtube.com/watch?v=BfUFh7VAKEI