Resistance Is Futile

The Weekly Standard, December 28, 2009

Bliss was it in that dawn to be alive--at least if you were Valéry Marie René Georges Giscard d'Estaing. The one-term president of France was awarded the job in 2002 of chairing the convention responsible for designing a constitution for the European Union. He compared his fellow delegates--a dismal, handpicked, largely Eurofederalist claque--with America's Founding Fathers, and, splendidly de haut en bas (however tongue-in-cheek), told this self-important rabble that, in the "villages" they came from, statues would be put up in their honor--"on horseback" no less.

But that's not quite how it worked out. When the villagers saw the hideous blend of bureaucratic centralism, transnational control, political correctness, and daft pomposity that slithered out of Giscard's convention, they were none too impressed. The draft constitution staggered its way to approval in some EU countries, but was killed off by referenda in France and Holland in mid-2005.

Except that's not quite how it worked out. Properly speaking, those two defeats should have put a stake through the heart of the constitution. Instead the ratification process was frozen "for a period of reflection"--a dignified term for buying time to cook up a scheme to bypass the awkwardness of voter disapproval. The scheme was the Treaty of Lisbon.

It preserved the content of the draft constitution, but junked its form. The constitution that had been rejected was scrapped, but its essence was preserved under the guise of a series of amendments to the EU's existing treaties that smuggled in most of the changes which would once have been incorporated in Giscard's monstrosity. It was a stroke of genius. Dropping the "c" word minimized the legal or political risk that referenda might once again be required. It was also an insult. Neither Giscard nor the key architect of the new treaty, Germany's chancellor Angela Merkel, made any attempt to conceal their view that the substance of the constitution was alive and well.

Channeling Louis XIV, Nicolas Sarkozy ruled that France's disobedient voters would be denied any further say on the matter. No surprise there, but I like to think that Merkel's coup might have caused a few pangs in the ranks of Holland's rather more respectable Council of State (the government's highest advisory body). Maybe it did, but the august if pliable Dutchmen somehow felt able to determine that the new treaty did not contain enough "constitutional" elements to require a referendum. Meanwhile, Britain's shameless Labour government just brazened things out. Labour had been reelected in 2005 on the back of a manifesto that included the promise of a referendum should the United Kingdom be asked to sign up for a revived constitution. The Lisbon Treaty was, however, cooed Messrs Blair and Brown, something completely different. There would be no popular vote.

In Ireland, though, significant changes to the EU's treaties require a constitutional amendment, and the Irish constitution can only be amended by referendum. The Irish government did not attempt to dodge its responsibilities. Nor did Irish voters. In June 2008, the Lisbon Treaty was voted down. As the treaty had to be ratified in each of the EU's 27 member states, the Irish snub should have finished it off. Except (you will be unsurprised to know) that's not quite how it worked out.

Within minutes of the Irish vote, the EU's top bureaucrat, Commission president José Barroso, announced that the treaty was not dead. When it comes to the European project, no does not mean no--as Danish and Irish voters had already discovered in the aftermath of their rejection of earlier EU treaties. Ratifications of Lisbon rolled in from elsewhere, the Irish government secured some placatory legal guarantees, setting the stage for a mulligan this October. In the event, however, the result of this second vote was determined not by the changes won by the Dublin government, but by the global financial meltdown, a blow that had brought Ireland's over-leveraged economy to its knees.

There was something almost refreshing in the lack of subtlety with which Barroso traveled to Limerick to announce--just weeks before the second referendum--that Brussels (in other words, the EU's conscripted taxpayers) would be spending 14.8 million euros to help workers at Dell's Irish plant find new jobs. In case anyone missed the point, Barroso also reminded his listeners that the European Central Bank had lent over 120 billion euros to the battered Irish banking system. Frazzled by financial disaster and fearful of the consequences of alienating their paymasters, Ireland's voters reversed their rejection of the Lisbon Treaty just a couple of weeks later.

Being a realist means knowing when to fold. In the wake of the Irish vote, a nose-holding, teeth-gritting Polish president committed his country to the treaty. This left the Czech Republic's profoundly Euroskeptic president, Václav Klaus, as the last holdout. If Klaus could delay signing the treaty (which had, awkwardly for him, already been approved by the Czech parliament) until after a likely Conservative victory in the upcoming British general election (due no later than next June), then the whole process could be brought to a halt. The Tories had vowed to withdraw the U.K.'s existing ratification and hold a referendum on the Lisbon Treaty before proceeding any further. Given most Britons' views (quite unprintable in a respectable publication), the result would have been to kill the treaty. The U.K. isn't Ireland. The U.K. isn't Denmark.

If, if, if .  .  .

It didn't take long for the blunt Klaus to dash those hopes: "The train carrying the treaty is going so fast and it's [gone] so far that it can't be stopped or returned, no matter how much some of us would want that."

Klaus signed the treaty on November 3. Shortly thereafter the EU's leaders began maneuvering to fill two new jobs: "president" (actually president of the European Council) and "foreign minister" (the latter will rejoice in the grandiloquent title of High Representative for Foreign Affairs and Security Policy). Following a couple of weeks of intrigue, backstabbing, and secretive quid pro quos, it was agreed the new president would be Herman van Rompuy--Belgium's prime minister and thus a man who knows a thing or two about unnatural unions. But the somewhat obscure van Rompuy (what Belgian prime minister is not?) is a world historical figure when compared with the woman who has become High Representative, a Brit by the name of Baroness Ashton of Upholland, a dull hack known--if at all--for her loyalty to the Labour party. The treaty finally came into force on December 1. The age of van Rompuy had begun.

Some commentators are presenting the emergence of the Belgian and the baroness as a triumph for the EU's member states over its bureaucracy's more federalist vision. The thinking goes that by securing the appointment of two nonentities to what are (notionally) the most prestigious jobs in the union's new structure, Sarkozy, Merkel, and the rest of the gang successfully defended what remains of their countries' prerogative to decide the most important matters for themselves. To believe this is to misread just how lose-lose the situation was. In reality, the nonentities will be as damaging (maybe even more so) to what's left of national sovereignty as better-known candidates such as the much-anticipated Tony Blair. Blair would have given the presidency more clout. He would have done so, however, at the expense not only of the EU's member states, but also of the Brussels bureaucracy.

The EU's new president is, as mentioned above, technically the president of the European Council, a body formally incorporated within the EU's architecture by the Lisbon Treaty after years in a curious organizational limbo. With a membership now made up of the union's heads of government, van Rompuy, and the inevitable Barroso, it is theoretically the bloc's supreme political institution. And theoretically therefore, the stronger it is (and with a heavyweight president it would supposedly have been stronger), the more it would be able to operate as a counterweight to the bureaucrats of the EU Commission. I suspect that this would never have been the case, but with van Rompuy, a housetrained federalist (he has already told a meeting arranged by--let a hundred conspiracy theories flower--the Bilderberg Group that he favors giving the EU tax-raising powers), at its helm, the point is moot. The key, van Rompuy reportedly claimed, to high office within the EU is to be a "gray mouse," and so, to the chagrin of Blair and those like him, it has proved. Sarkozy, Merkel, and all the rest of their more colorful kind will continue to prance and to parade, and power will continue to leach away from the nation states and into the unaccountable oligarchy that is "Brussels."

"It's all over," my friend Hans told me when Klaus threw in the towel, "Brussels has won." Hans, thirtysomething, a native of one of the EU's smaller nations, and a former adviser to one of the continent's better-known Euroskeptics, comes as close to anyone I have ever met from the European mainland to being a Burkean Tory--and Hans has now given up. He would, he sighed, have to move on with his life.

With Lisbon in force, little is left of the already sharply curtailed ability of any one member-state (or its voters) to veto the inroads of fresh EU legislation. In Hans's view, the treaty means that the momentum towards a European super-state is now irreversible. With their sovereignty emasculated and, in many cases, their sense of identity crumbling under the linked assaults of multiculturalism and mass immigration, the old nation states of Europe have neither the ability nor the inclination to say no. Euroskepticism will now be portrayed (not always inaccurately) as the mark of the crank or the Quixote. "And that," added Hans, a man still at a relatively early stage in his career, "is not the way to go either politically or professionally."

Signing up, however unenthusiastically, for the orthodoxies of the European Union is now de rigueur in the continent's ruling class. And if there was once idealism behind the Brussels project it has long since been overwhelmed by another of the beliefs that lay behind it--that neither nations nor their electorates could be trusted to do the right thing. Sovereignty, whether national or democratic or both, is being replaced by oligarchy, technocracy, and the pieties of the "social market." If you live in an oligarchy, it's best to be an oligarch.

This realization is one of the reasons that the EU has got as far as it has. It has provided excellent opportunities for some of Europe's best, brightest, and lightest-fingered to move back and forth between the union's hierarchy and those parts of the private sector (and indeed the national civil services) that feed off it.

Yet all was not gloom, said Hans. A stronger sense of their own identity and a still distinct political culture meant, he thought, that it wasn't too late for the Brits to do the right thing (as he sees it) and quit the EU. He is too optimistic. While correct that most Britons are irritated by the EU and its presumptions, he overlooks the fact that they have not yet shown any signs of wanting to end this most miserable of marriages. Hans also underestimates the subtler factors standing in the way of the long-promised punch-up between any incoming Tory government and Brussels--an event that in any case has now been postponed. David Cameron's party has shelved its plans for a referendum on the Lisbon Treaty. Now that it has come into force, modifying the treaty to accommodate the U.K. would require the assent of all the other member-states and that won't be forthcoming. A British referendum, Cameron claims, would therefore be pointless. How convenient for him.

Cameron has also made it clear that he has no intention of revisiting the U.K.'s relations with the EU in any serious way for quite some time. With Britain's economy in ruins, any incoming government will have more pressing priorities. And the passing of time only further entrenches the EU's new constitutional settlement deeper into the U.K.'s fabric--and especially the landscape in which the country's able and ambitious build their careers. That's something that Cameron may also have recognized. He appears to have concluded that it is better to win a premiership diminished by Brussels than no premiership at all, and a major row over Britain's role within the EU could yet cost the Tory leader the keys to 10 Downing Street.

The additional complication is debt-burdened Britain's dependence on the financial markets as a source of fresh funds. Investors are averse to uncertainty. They are already twitchy about Britain's disintegrating balance sheet, and a savage row between Britain and the rest of the EU would set nerves even further on edge. Then there's the small matter that such a conflict is hardly likely to help Britain persuade its European partners to bail the U.K. out in the event that this should prove necessary--and it might.

The more time passes, the more an empowered EU will insinuate itself within national life (rule from Brussels is a fairly subtle form of foreign occupation: No panzers will trundle down Whitehall). It will come to be seen as "normal," not perfect, by any means, and certainly the cause of sporadic outbreaks of grumbling, but if handled with enough discretion (it will be a while before the Commission resumes efforts to sign Britain up for the "borderless" EU of the Schengen Agreement) and enough dishonesty, it will benefit from the traditional British reluctance to make a fuss. As on the continent, protesting deeper integration within the union, let alone trying to reverse it, will be depicted--and regarded--as the preserve of the eccentric and the obsessive.

With Britain hogtied, the Lisbon structure will endure unchanged unless a prolonged economic slowdown (or worse) finally shatters the gimcrack foundations on which the EU rests. That cannot be ruled out, but if Lisbon holds, the implications will be profound for the international environment in which the United States has to operate. There is already chatter (from the Italian foreign minister, for instance) about a European army. Can it be long before there is a drive by Brussels to replace the British and French seats on the U.N. Security Council with one that represents the entire EU, a move that would eliminate the one vote in that body on which the United States has almost always been able to rely?

And to ask that question is to wonder what sort of partner the EU will be for the United States. One clue can be found in the fact that the new High representative for foreign affairs and security policy was treasurer and then a vice chairman of Britain's unilateralist Campaign for Nuclear Disarmament at the end of the Brezhnev era. Another comes from remarks by Austria's Social Democratic chancellor Werner Faymann in response to the speculation that Tony Blair would be appointed to the new presidency during the fall: "The candidate .  .  . should have an especially good -relationship with Obama and not stand for a good working relationship with Bush."

Leaving aside the minor matter that George W. Bush has not been president for nearly a year, it's not difficult to get Faymann's drift. The Obama administration will find the EU a reasonably congenial partner, even ally, so long as it sticks to the sort of transnationalist agenda that could have been cooked up in Turtle Bay, the Berlaymont, or Al Gore's fevered imagination. If on the other hand, Obama, or any subsequent president, should turn to policies that are more avowedly in this country's national interest, the EU could well turn out to be an obstacle. After all, in the absence of any authentic EU identity, its leadership has often defined their union by what it is not. And what it is not, Eurocrats stress, is America.

Washington will have to learn to accept surly neutrality, if not active antagonism, from the oligarchs of Brussels. The EU may not be able to do much to hinder the United States directly, but, as its "common" foreign (and, increasingly, defense) policy develops, there's a clear risk that it will be at the expense of NATO. Shared EU projects will drain both cohesion and resources away from the Atlantic alliance, not to speak of the ability of America's closer European allies to go it alone and help Uncle Sam out.

Some of this will be deliberate, but more often than not it will be the result of institutional paralysis. As a profoundly artificial construction, the EU lacks--beyond the shared prejudices of some of its elite--any sense of the idea of us and them that lies at the root of a nation or even an empire, and, therefore, the ability to shape a foreign policy acceptable to enough of its constituent parts for it to take any form of effective action. But if the EU might find it difficult to decide what it will do, it will find it easy to agree what its members cannot do. The days when Britain will have the right, let alone the ability, to send its troops to aid America over the protests of Germany and France are coming to a close.

Bowing, but this time to the inevitable, Obama has welcomed the completion of the Lisbon Treaty process, saying that "a strengthened and renewed EU will be an even better transatlantic partner with the United States," an absurd claim that one can only hope he does not believe.

Ah yes, hope.

Angela’s Ashes?

National Review Online,  June 16, 2008

LisbonNO1

If there were any last, few, pitiful remaining scraps of doubt about the depth of the disdain felt by the European Union’s leaders for the people of their wretched union, they ought, surely, to have been dispelled by the miserable saga of the Treaty of Lisbon, the sly, squalid, and cynical pact that has just been rejected by Irish voters, the only mass electorate given the chance to do so.

From its very beginnings, the Treaty of Lisbon was an exercise in deception, deliberately designed to deny the EU’s voters any more chances to slow down the construction of a European superstate that relatively few, outside an elite chasing power, privilege, and the chance to say “boo” to America, actually appear to want. Its origins can be found in the 2005 decision by some of those voters, the ones in France and Holland, to take the opportunity presented by two referenda to say non and nee respectively to the draft EU constitution that had been prepared so meticulously, so proudly, and so expensively on their behalf. Lesson learned: The voters were never again to be trusted. In future they would have to be bypassed.

Nevertheless, in a pantomime of responsiveness to that non and that nee, the constitution’s ratification process was suspended in the late spring of 2005. What ensued was officially described as a “period of reflection,” but was, for the most part, a period of frantic scheming. Its aim: To investigate how the draft constitution could be revived and, this time, be ratified. Sure enough, just about a year later German chancellor Angela Merkel announced that one of the objectives of her country’s upcoming EU presidency (the presidency currently rotates between different member states every six months) would be to “review” the constitution’s status. The message was clear: The people had spoken, and they were to be ignored. Chancellor Merkel was brought up in East Germany — and sometimes it shows.

Within two weeks of Germany assuming the presidency on January 1, 2007, Merkel declared the period of reflection to be over. She wanted, she said, a “road map” for the adoption of the constitution to be completed by the conclusion of the German presidency. And so it was, but with a clever twist. By the end of June, the EU’s governments had agreed to hold a conference to amend the union’s existing treaties in ways that mimicked much of the rejected constitution but without the bother of reintroducing the constitution itself, a bother that might run the risk of an extra referendum or two.

In essence, a number of largely cosmetic alterations were made (thus the proposed EU foreign minister was now re-dubbed a “High Representative”), and the new document generally avoided repeating those provisions of the old draft constitution already enshrined within EU law (why remind voters of what they had already given up?). Most of the changes were meaningless, flimflam designed to minimize the risk that ratification might be subject to the whims of a popular vote. Meanwhile, the “substance” of the rejected constitution had, boasted Merkel, been “preserved.” Indeed it had. The constitution was dead, long live the “Reform Treaty.” Six months and a few concessions later, the treaty was signed in Lisbon at a ceremony notable mainly for the absence of British prime minister Gordon Brown. He signed the paperwork a discreet few hours later.

For a while it looked as if Merkel’s coup would proceed without too much democratic interruption. This time around the French and Dutch governments were able to avoid consulting the electorates they supposedly represented. Holland’s Council of State, its government’s highest advisory body, helpfully decided that a referendum was not legally required. The Reform Treaty did not, apparently, contain sufficient “constitutional” elements, a ruling that undoubtedly pleased a large majority of Holland’s establishment politicians on both left and right: Off the hook! The lower house of parliament approved the Treaty of Lisbon earlier this month. The senate was expected to follow suit later in the year. In France, President Sarkozy made it quite clear that, whatever French voters might want (opinion polls suggested that a majority favored a referendum), he had no intention of consulting them. Last November he warned that a referendum “would bring Europe into danger. There [would] be no treaty if we had a referendum in France.” There was no referendum. Both national assembly and senate approved the treaty in February.

As for Britain, that perennial member of the EU’s awkward squad, departing Prime Minister Tony Blair was unable to resist giving one more kick to the country he had already done so much to trash. He announced that there would be no referendum, and so did his successor, Gordon Brown. Sure, a referendum had been promised in Labour’s 2005 manifesto, but only in the event of a revived constitution. The new treaty didn’t count. The argument was, typically for both men, absurd, dishonest, and insulting, something later highlighted by two parliamentary committees, not that it made any real difference.

In October 2007, the (cross-party) European Scrutiny Committee concluded that the Reform Treaty was “substantially equivalent” to the original constitution, a statement of the obvious – but one, under the circumstances, well worth making. Additionally, the committee had a few tart observations about the way that Merkel’s team had handled the crucial June negotiations. It highlighted their secrecy and timing: “texts [were] produced at the last moment before pressing for an agreement.” Meanwhile the compressed timetable then being arranged for the discussions in Portugal “could not have been better designed to marginalize” national parliaments. In January 2008, the Labour-dominated foreign-affairs committee concluded “that there is no material difference between the provisions on foreign affairs in the Constitutional Treaty, which the government made subject to approval in a referendum, and those in the Lisbon Treaty, on which a referendum is being denied.” Not to worry, soothed Britain’s glib young foreign minister, the Reform Treaty would “giv[e] Britain a bigger voice in Europe and enshrin[e] children’s rights for the first time.”

Ireland’s leading politicians behaved better. Under Irish law, significant changes to EU treaties require an amendment to the Irish constitution and all amendments to the Irish constitution have to be approved by referendum. No serious attempts were made to argue that the changes encompassed within the Treaty of Lisbon were too trivial to warrant a referendum. The “substance” of the rejected EU constitution had, admitted Prime Minister Bertie Ahern, survived. He added later that it was “a bit upsetting . . . to see so many countries running away from giving their people an opportunity [to vote]. . . . If you believe in something . . . why not let your people have a say in it?” That’s easy to answer. Those who now direct the EU project believe in it too much to accept placing the union’s future in the hands of its voters.

Mind you, when Ahern made those comments, he was probably confident that his electorate would approve the treaty. Despite a bout of recalcitrance a few years back (Irish voters had rejected an earlier EU treaty in 2001 before being bullied into changing their minds the following year), his countrymen were, and are, reasonably enthusiastic supporters of the EU. The EU has been good for – and to – Ireland, and the Irish know it. But gratitude is not a blank check and that, increasingly, is what the electorate came to believe that it was being asked to sign. In many respects, such as its notorious passerelle clauses (it’s a long story), that’s what the treaty is, but growing suspicions that the whole thing was nothing more than an elaborate con were also sharpened (sometimes unfairly) by the complexity of the treaty’s language.

Ironically, the treaty’s supporters had once regarded that complexity as an asset. As one of them, former Irish Prime Minister Garret FitzGerald, put it in June 2007:

The most striking change [between the failed EU constitution and the Reform Treaty] is perhaps that in order to enable some governments to reassure their electorates that the changes will have no constitutional implications, the idea of a new and simpler treaty containing all the provisions governing the Union has now been dropped in favor of a huge series of individual amendments to two existing treaties. Virtual incomprehensibility has . . . replaced simplicity as the key approach to EU reform.

At a meeting in, tactlessly, London the following month, another former premier, Italy’s Giuliano Amato reiterated the advantages of incomprehensibility: “If it is unreadable, it is not constitutional, that was the sort of perception. Where they got this perception from is a mystery to me. . . .  But, there is some truth [in it]. . . . the U.K. prime minister can go to the Commons and say “Look, you see, it’s absolutely unreadable, it’s the typical Brussels treaty, nothing new, no need for a referendum.” Amato may have been speaking fairly light-heartedly, but he was also quite right. Legislators everywhere are accustomed to approving laws they don’t understand. The man in the street is not. The opaque language of Merkel’s deceptively crafted treaty was a brilliant device to help those politicians looking to dodge a referendum, but a disaster for those who had no choice but to win one.

But last Thursday’s Irish “no” was a rejection of more than elaborately misleading drafting. As the EU’s bureaucracy has extended its reach deeper and deeper into territory once reserved to the nation state, it is bound to provoke opposition, even among many of those who broadly support European integration. Much of that opposition is reasonable, but much of it is not, and who is to blame for that? The EU’s political class has made a mockery of truth for so long that we should not be surprised that some Irish “no” voters preferred to believe (as, reportedly, some did) that the Treaty of Lisbon would pave the way for a pan-European draft.

The “no” coalition was wide, messy, crazy, sane, pragmatic, romantic, all-embracing, and self-contradictory, sometimes well-informed, sometimes not, sometimes paranoid, sometimes prescient, sometimes socialist, sometimes free market, sometimes high tax, sometimes low tax, sometimes honest, sometimes not, sometimes more than a little alarming (Sinn Fein was the only official party of any size to lend their support) and sometimes more than a little inspiring. Marvelously, miraculously, they won, and they won well, 53.4 percent to 46.6 percent (on a respectable turnout of 53.1 percent). If you think that sounds like democracy, you’d be right. And if you think that sounds like a nation, you’d be right too.

But if you think that it’s too soon to declare victory, you’d also be right. Early indications are that the ratification process will continue. As Jose Barroso, the EU’s chief bureaucrat, announced within minutes of the Irish result, “the treaty is not dead.”

And that tells you much of what you need to know about the EU.

Constitutionally Indisposed

National Review Online, February 22, 2005

A little over two centuries ago, a small group of planters, landowners, merchants, and lawyers met in Philadelphia to decide how their new country was to be run. Within four months this remarkable collection of patriots, veterans, pragmatists, geniuses, oddballs and the inspired succeeded in agreeing the extraordinary, beautiful document that, even with its flaws, was to form the basis of the most successful nation in history.

On February 28, 2002, another constitutional convention began its work, in Brussels this time, not Philadelphia. Its task was to draw up a constitution for the European Union. The gathering in Brussels was chaired by Giscard D'Estaing, no Hamilton or Madison, but a failed, one-term president of France best known for his unseemly involvement with Jean-Bedel Bokassa, the cannibal "emperor" of central Africa. Giscard's convention was packed with placemen, cronies, creeps, and has-beens to make up a body where to be called second rate would have been an act of grotesque flattery. Only a fool, a braggart, or a madman would have compared this rabble with the gathering in Philadelphia. Needless to say, Giscard managed to do just that. The rabble returned the compliment. At ceremonies held to celebrate the conclusion of the convention's work, one over-excited Austrian delegate compared Giscard to Socrates, a remark that would undoubtedly have reduced that ancient, and unfortunate, Greek to yet another swig of hemlock.

Once the convention had completed the draft constitution, there was further haggling over the text by the governments of the EU member states. A final version was agreed in June 2004, and what a sorry, shabby work it is, an unreadable mish-mash of political correctness, micromanagement, bureaucratic jargon, artful ambiguity, deliberate obscurity, and stunning banality that somehow limps its way through some 500 pages with highlights that include "guaranteeing" (Article II-74) a right to "vocational and continuing training," "respect" (Article II-85) for the "rights of the elderly... to participate in social and cultural life," and the information (Article III-121) that "animals are sentient beings." On the status of spiders, beetles, and lice there is, unusually, only silence.

All that now remains is for this tawdry ragbag to be ratified in each member state, a process that is already well underway. In some countries ratification will depend on a parliamentary vote, in others a referendum. The final outcome remains difficult to predict, and it is a measure of the current uncertainty over the constitution's ultimate fate that there is now open discussion of the idea that the document may be forced through even without ratification by one or two of the smaller countries. In an editorial over the weekend, the Financial Times, a generally reliable mouthpiece for the latest Brussels's orthodoxy explained, "in theory, one state's rejection is enough to kill [the constitution]. In practice, it will depend on the state." Within the EU, it seems, some nations are more equal than others. Rejection by one of the union's larger members, however, will be enough to throw the whole process into richly deserved chaos. We can only hope.

And it is at this point that, rather surprisingly, the Bush administration has come into the picture. Speaking a few days ago to the Financial Times, Condoleezza Rice appeared, weirdly, to give the constitution some form of endorsement: "As Europe unifies further and has a common foreign policy—I understand what is going to happen with the constitution and that there will be unification, in effect, under a foreign minister—I think that also will be a very good development. We have to keep reminding everybody that there is not any conflict between a European identity and a transatlantic identity..."

In a later interview with the Daily Telegraph, President Bush himself appeared to steer discussion away from the proposed constitution, but he did have this to say: "I have always been fascinated to see how the British culture and the French culture and the sovereignty of nations can be integrated into a larger whole in a modern era," he said. "And progress is being made and I am hopeful it works because one should not fear a strong partner."

How can I put this nicely? Well, there is no way to put it nicely. Even allowing for the necessity to come out with diplomatically ingratiating remarks ahead of a major presidential visit to the EU, the comments from Bush and Rice are either delightfully insincere or dismayingly naïve.

The project of a federal EU has long been driven, at least in part, by a profound, and remarkably virulent anti-Americanism, with deep roots in Vichy-era disdain for the sinister "Anglo-Saxons" and their supposedly greedy and degenerate culture. Throw in the poisonous legacy of soixante-huitard radicalism, then add Europe's traditional suspicion of the free market, and it's easy to see how relations between Brussels and Washington were always going to be troubled. What's more, the creation of a large and powerful fortress Europe offered its politicians something else, the chance to return to the fun and games of great power politics.

They have jumped at the opportunity. Speaking back in 2001, some time before 9/11 and the bitter dispute over Iraq, Swedish Prime Minister Göran Persson (who then also held the EU's rotating presidency) provided a perfect example of the paranoia and ambition that underpins this European dream. The EU was, he claimed "one of the few institutions we can develop as a balance to U.S. world domination."

Brandishing the American bogeyman was always inevitable. Condoleezza Rice may claim to have discovered a European "identity," but outside the palaces, parliaments, and plotting of the continent's politicians such an identity is a frail, feeble, synthetic thing. The preamble to the EU constitution refers to a Europe "reunited after bitter experiences," a phrase so bogus that it would embarrass Dan Brown. Unless I missed something in my history classes "Europe" has never been one whole. There is nothing to reunite. A Swede, even Göran Persson, is a Swede long before he is a "European." Naturally, the framers of the constitution have done their best to furnish a few gimcrack symbols of their new Europe (there's (Article I-8) a flag, a motto ("United in Diversity), an anthem, and, shrewdly in a continent that likes its vacations, a public holiday ("Europe Day") and perhaps in time these will come to mean something, but for now they are poor substitutes for that emotional, almost tribal, idea of belonging that is core to an authentic sense of national identity.

But if the EU has had only limited success in persuading its citizens what they are, it has done considerably better in convincing them as to what they are not: Americans. Writing in 2002 about the "first stirrings" of EU patriotism, EU Commissioner Chris Patten could only come up with two examples: "You can already feel [it], perhaps, in the shared indignation at US steel protection...You can feel it at the Ryder Cup, too." It's significant that when Patten gave examples of this supposed European spirit, he could only define it by what it was against (American tariffs and American golfers) rather than by what it was for. It is even more striking that in both cases the "enemy" comes from one place—the U.S. If Patten had been writing in 2005 he would, doubtless, have added opposition to the war in Iraq to his list—and he would have been right to do so.

This is psychologically astute: The creation of a common foe (imagined or real) is a good way to unify a nation, even, possibly, a bureaucratically constructed "nation" like the EU. Choosing the U.S. as the designated rival comes with two other advantages. It fits in nicely with the existing anti-American bias of much of the EU's ruling class and it will strike a chord with those many ordinary Europeans who are genuinely skeptical about America, its ambitions and, yes, what it stands for.

Insofar, therefore, as it represents another step forward in the deeper integration of the EU, the ratification of the constitution cannot possibly, whatever Secretary Rice might say, be good news for the U.S. How deep this integration will be remains a matter of dispute. In Euro-skeptic Britain, Tony Blair's government has denied that the document has much significance at all, but without much success. At the same time, claims that the ratification of the EU constitution will of itself represent the creation of a European superstate are overblown. It won't, but it will be another step in that direction, and, based on past precedent, we can be sure that the EU's fonctionnaires will use the vacuum created by all those helpful ambiguities in the constitution's text to push forward the federalizing project as fast and as far as possible.

It is, of course, up to Europeans to decide if this is what they want. Any attempt by the Bush White House to derail the ratification process would backfire, but that does not mean that the administration should be actively signaling its support for this dreadful and damaging document. Secretary Rice argues that the integration represented by the passing of the constitution would be a "good development." The opposite is true. If the EU (which has a collective agenda primarily set by France and Germany) does increasingly speak with one voice, Washington is unlikely to enjoy what it hears.

The constitution paves the way for the transfer of increasing amounts of defense and diplomatic activity from Europe's national capitals to Brussels. Article 1-16 commits all member states to a "common foreign and security policy." "Member states" are required to "actively and unreservedly support the Union's common foreign and security policy in a spirit of loyalty and mutual solidarity and shall comply with the Union's actions in this area. They shall refrain from action contrary to the Union's interests or likely to impair its effectiveness." In a recent radio interview, Spanish prime minister Jose Zapatero explained how this might work: "we will undoubtedly see European embassies in the world, not ones from each country, with European diplomats and a European foreign service...we will see Europe with a single voice in security matters. We will have a single European voice within NATO."

And the more that the EU speaks with that one voice, the less will be heard from those of its member states more inclined to be sympathetic to America. And as to what this would mean, well, French Green politician Noel Mamère put it best in the course of an interview last week: "The good thing about the European constitution is that with it the United Kingdom will not be able to support the United States in a future Iraq."

And would that, Secretary Rice, be a "good development"?