On Friday, US Secretary of State Marco Rubio delivered an extraordinary address to the Federalist Society’s National Lawyers Convention in Washington. Thirty-five years after the dissolution of the Soviet Union, and after decades in which the ideologues of capitalism proclaimed the death of socialism, Rubio informed the assembled representatives of the conservative legal establishment that their system had failed to exorcise its greatest ideological enemy. “Even as we defeated the institution of Soviet communism, we did not triumph over the spirit of Marx,” Rubio declared. “That spirit of Marx, it lives.”
The words
deserve to be taken seriously. Rubio was not addressing an obscure gathering of
anti-communist eccentrics. He was speaking as the US Secretary of State to the
Federalist Society. This organisation has played a central role in building the
right-wing legal apparatus in the United States. Rubio himself devoted the
opening portion of his speech to celebrating its rise from a handful of
conservative law students in the early 1980s into a powerful institution
capable of shaping American jurisprudence.
The irony is
unmistakable. More than three decades after capitalism supposedly demonstrated
its historical superiority over socialism, one of the most powerful
representatives of American imperialism finds itself compelled to announce that
the ghost has not departed publicly. Marx and Engels opened the Communist
Manifesto in 1848 with one of the most famous sentences in political
literature: “A spectre is haunting Europe, the spectre of communism.” They
added that “all the powers of old Europe have entered into a holy alliance to
exorcise this spectre.” Rubio has effectively volunteered for membership in the
twenty-first-century version of that alliance.
“Stop quoting laws to men with
swords”
What
supposedly constitutes this renewed “spirit of Marx”? According to Rubio, it is
no longer simply communism or the organised socialist movement. It appears in
international law, international institutions, universities, journalism, NGOs,
the courts and every other institution that might impose even limited
restraints upon the exercise of American power. Rubio devoted much of his
address to attacking the International Criminal Court and the wider system of
international law. He denounced what he termed the “glittering generalities of
international law” and accused international institutions of attempting to
subordinate American sovereignty to an unaccountable global bureaucracy.
His most
revealing statement came during his denunciation of the ICC. Should the court
attempt to enforce its decisions against Americans, Rubio declared, Washington
might answer in the words traditionally attributed to the Roman general Pompey:
“Stop quoting laws to men with swords.”The remark drew laughter and applause.
Rubio's
theatrical delivery should not obscure its significance. The chief diplomat of
the United States was telling an audience of lawyers that when legal
restrictions collide with the interests of American imperialism, military power
has the final word. The invocation of Pompey is particularly revealing. Rubio
sought to present it as evidence of hard-headed realism against the pretensions
of international lawyers. But the image he selected was that of armed power
brushing aside civil authority. The sword stands above the law because the
state possessing overwhelming military force considers itself entitled to
decide when law applies.
The
post-1945 institutions that Rubio now excoriates as vehicles for forces
supposedly animated by the “spirit of Marx” were never socialist. The United
Nations, the Bretton Woods institutions and the wider infrastructure of the
post-war international system developed under conditions of overwhelming
American economic and military predominance. Whatever disagreements existed
among the major powers, Washington played the decisive role in constructing the
international framework through which it exercised global leadership.
International
law never abolished imperialism. Nor did the United Nations overcome the
nation-state system. Korea, Vietnam, the coups and dictatorships backed by
Washington during the Cold War, and later the wars in Afghanistan, Iraq and
Libya made sufficiently clear how readily the language of international order
could coexist with military violence. Rubio’s speech therefore matters
elsewhere. An American ruling class increasingly unwilling to tolerate even
legal restraints fashioned during its own period of global ascendancy is
dispensing with the language through which it once presented its domination as
the universal interest of mankind.
When
American capitalism stood at the summit of the world economy after the Second
World War, its representatives could more easily identify American power with
economic reconstruction, international cooperation and universal progress. The
immense industrial strength of the United States provided the foundation for
this ideological confidence. That world has disappeared. American capitalism
remains extraordinarily powerful, particularly militarily and financially, but
it confronts intensifying economic competition, immense social inequality at
home and growing challenges to the international position established after
1945. Under these conditions, the language of universal principles increasingly
gives way to the blunt assertion of national power. Hence Pompey and the sword.
An ideology of expansion
Rubio’s
speech went far beyond criticism of the ICC. At one point he offered a
remarkable description of American history. The American national character, he
argued, had always been driven by a desire “to expand, to grow, to explore, to
conquer, to stake a claim to new frontiers.” Speaking of the nineteenth
century, he celebrated the transformation of the original 13 states into a
continental power stretching to the Pacific. America, he declared, had been a
nation “advancing across the continent, settling land, building cities, laying
roads and railways, subduing the wilderness.”
What
disappears from this narrative is precisely what must disappear for the
mythology of American expansion to survive: indigenous peoples, slavery, the
conquest of Mexican territory, the brutal development of capitalist property
relations and the class struggles produced by industrialisation. The history of
American capitalism is transformed into the heroic unfolding of a timeless
national personality. This mythology then becomes a programme for the present. Rubio
explicitly rejected the proposition that the United States must accept its
position as merely “one nation among the many.” Americans, he insisted, must
reject arguments that they cannot “impose ourselves upon the world.” The phrase
is remarkable in its candour.
Imperialist
domination is presented not as the consequence of particular economic and class
interests but as an expression of American civilisation itself. Expansion
ceases to be a historical process rooted in capitalism and becomes a national
virtue. Rubio therefore arrives at an openly imperial conception of American
sovereignty: the United States possesses the right to determine its interests
independently, while international institutions have no corresponding right to
restrain the exercise of American power. The “men with swords” supply the
ultimate constitutional principle.
“Every society has a ruling class”
But perhaps
the most revealing section of Rubio’s address came before his attack upon
international law. “Every society,” Rubio said, “has an elite, has a ruling class.
“It is an extraordinary phrase coming from an American Secretary of State. For
decades, the official mythology of American political life has denied this
reality precisely. The United States supposedly consists of individuals
competing freely within democratic institutions. Classes may exist as income
categories, but the concept of a ruling class possessing definite material
interests has traditionally been dismissed as Marxist dogma.
Yet Rubio
stood before the Federalist Society and discussed the problem of political
power in explicitly class terms. He identified the ruling class as residing not
simply in government but in “academia, in powerful nonprofits, and in
nongovernment organisations,” as well as “corporate boardrooms and C-suites and
think tanks and journals, in foundations and in mass media. “There is an
important sleight of hand here.
Rubio
correctly acknowledges that political domination extends beyond elections and
formal government. But he then dissolves the ruling class's capitalist
character into an amorphous cultural elite. Corporate executives somehow occupy
the same analytical category as university professors, journalists and NGO
officials. Ownership of the means of production disappears as the decisive
social relation. Marxism begins precisely where Rubio stops. A ruling class is
not defined principally by its opinions, university degrees, or cultural
preferences. Capitalists constitute a ruling class because they own and control
society's productive resources and appropriate the surplus produced by wage
labour. Political and cultural institutions ultimately operate under social
conditions established by these relations of ownership.
Rubio
therefore borrows the language of class while stripping it of its material
content. The result is a familiar form of right-wing populism in which sections
of the capitalist oligarchy portray themselves as insurgents against an alleged
establishment consisting of professors, civil servants, liberal journalists and
bureaucrats. The billionaire no longer belongs to the elite. The university
lecturer becomes the embodiment of ruling-class power.
Rubio’s
discussion of the Federalist Society exposes the fraud of this presentation.
The organisation, he explained approvingly, understood it could not control political
institutions merely by winning elections. Long-term victory required networks,
recruitment, intellectual organisation and what Rubio himself described as
pipelines to power. He praised the organisation for changing the intellectual
environment within which American judges operated and for cultivating
generations of conservative lawyers capable of carrying its ideas from lecture
rooms into the highest courts.
This is
worth emphasising because Rubio simultaneously attacked the left for allegedly
pursuing domination through institutions. He delivered his own speech celebrating
one of the American right's most successful institutional political projects. From
Rubio’s standpoint, there is no contradiction. Institutional power exercised on
behalf of capitalist nationalism is legitimate. Institutional influence
impeding that programme becomes Marxism.
This
conception also illuminates the political purpose of his extraordinary
expansion of the definition of Marxism. Liberal judges are Marxists. Human
rights organisations become Marxist. International lawyers become Marxist. Academics
become Marxist. Criticism of American history becomes Marxist. International
institutions become manifestations of Marxism. Eventually any political or
legal restraint upon the executive power of the capitalist state can be
interpreted as an expression of the “spirit of Marx. “This has little to do
with Marx’s actual ideas. It has everything to do with identifying an internal
enemy.
The
ideological heart of Rubio’s speech was concentrated in one passage: “Marxism
sought to abolish the distinctions between men. The radicals of our time seek
to abolish the distinctions between nations themselves.” Rubio almost
accidentally approaches the real issue. Marxism does indeed seek to abolish
certain distinctions between human beings, but not individuality, personality,
culture or difference. It seeks to abolish the class divisions arising from
private ownership of the means of production: capitalist and worker, exploiter
and exploited. For Rubio, these social distinctions disappear into the abstract
category of inequality between “men.” But capitalism does not simply produce
differences between individuals. It concentrates productive property and wealth
within a comparatively tiny social layer, while the overwhelming majority
depend on selling their labour power to live. Rubio's formulation converts
historically developed class relations into natural human distinctions. The
defence of “distinctions” therefore becomes, consciously or otherwise, a
defence of hierarchy itself. Behind the denunciation of Marxism stands the
defence of private property in the means of production.
Nations and the world economy
Rubio’s
second proposition is equally revealing. The supposedly new Marxists, he
argues, seek to eliminate distinctions between nations. But international
lawyers, academics, or NGOs have not brought about the historical erosion of
national economic self-sufficiency. Capitalism has itself created an integrated
world economy. Modern production operates through vast international networks
of manufacture, transport, finance, communication and labour. Raw materials
extracted on one continent are processed on another and incorporated into
commodities assembled elsewhere, then sold worldwide.
Capital has
globalised production while preserving the political framework of competing
nation-states. This is one of the central contradictions of the contemporary
world. Production is international, but capitalist property and political power
remain organised through rival nation-states whose ruling classes struggle over
markets, resources, investment opportunities, and strategic influence. The more
integrated the world economy becomes, the more explosive its collision with the
nation-state system becomes.
Trade war and military conflict are not aberrations imposed upon an otherwise harmonious system. They grow out of capitalism itself. Rubio proposes to solve this contradiction by asserting the unrestricted primacy of the American nation. Marxism advances the opposite programme: the international unification of the working class. “The working men have no country,” Marx and Engels wrote in the Communist Manifesto. That declaration does not mean workers have no languages, cultures, or historical identities. It means that their fundamental social interests cannot be reconciled with the competing national programmes of capitalist ruling classes. An American worker has more fundamental interests in common with workers in China, Mexico, Britain, Germany or Russia than with the billionaire owners of American corporations. That is precisely why nationalism becomes increasingly indispensable to the ruling class.
What collapsed in 1991?
Rubio's
assertion that the United States “defeated the institution of Soviet communism”
reproduces one of the central historical falsifications of bourgeois ideology. What
collapsed in 1991 was not Marxism. The October Revolution of 1917 had
established the first workers’ state based on international socialist
revolution. It degenerated under specific historical conditions: economic
backwardness, the devastation of civil war and imperialist intervention, and,
above all, the isolation produced by the defeats of revolutionary movements
internationally. From these conditions arose a privileged Soviet bureaucracy
personified politically by Stalin.
Against the
internationalist programme of the Bolsheviks, Stalin advanced the nationalist
theory of “socialism in one country.” The bureaucracy increasingly monopolised
political power. The revolutionary generation was ultimately subjected to
systematic repression and murder. Leon Trotsky and the Left Opposition waged an
irreconcilable struggle against this degeneration. In The Revolution
Betrayed, Trotsky warned that the Soviet bureaucracy did not represent a
new socialist ruling class and that its continued domination threatened the October
Revolution's achievements. Unless the working class carried through a political
revolution and restored Soviet democracy, capitalist restoration would
ultimately result.
That warning
was vindicated. The liquidation of the Soviet Union in 1991 was carried through
by forces emerging from within the Stalinist bureaucracy itself. State property
was dismantled and appropriated, producing oligarchic capitalism and immense
social catastrophe. The USSR did not collapse because capitalism overcame the
contradictions Marx analysed. On the contrary, those contradictions
subsequently emerged in increasingly acute forms on a world scale.
The return of Marx
This
explains Rubio’s dilemma. If 1991 truly represented the historic victory of
capitalism over Marxism, why must the Secretary of State of the United States
warn his audience in 2026 that the “spirit of Marx” remains alive? Marxism
survives because the social relations Marx analysed survive. Capital still
confronts wage labour. Production remains subordinated to profit. Wealth
accumulates at one pole of society while insecurity accumulates at the other.
Technological
development capable of reducing human labour and dramatically raising living
standards instead threatens workers with displacement whenever greater
profitability demands it. Enormous productive capacities coexist with poverty
and social deprivation. A globally integrated productive system remains
imprisoned within competing capitalist nation-states. The fundamental
contradiction Marx identified between the social character of production and
private appropriation has not disappeared. It has assumed an unprecedented
international scale. One of the most significant moments in Rubio’s remarks
came during the question-and-answer session when he acknowledged that young
Americans were falling behind previous generations and that millions judged
economic conditions not by the stock market but by whether they could afford
what they needed. This admission speaks far more directly to the renewed
interest in socialism than all his denunciations of international bureaucrats. Young
people are not turning towards socialist ideas because international lawyers
have secretly indoctrinated them. They are responding to social conditions.
Rubio
nevertheless attempts to identify Marxism with the institutions of the liberal
establishment: universities, NGOs, judges, journalists and Democratic Party
politicians. This identification is politically indispensable to the American
right because it conceals the actual character of Marxism. The Democratic Party
is not a socialist organisation. It is one of the two principal parties of
American capitalism. Whatever bitter tactical and institutional conflicts
separate Democrats and Republicans, both defend capitalist property relations
and the geopolitical interests of American imperialism.
Liberal
appeals to international law are likewise highly selective. The differences
within the ruling class concern how American capitalism should defend its
global interests and manage mounting domestic opposition, not whether
capitalism should be replaced with socialism. Nor should the identity politics
entrenched throughout substantial sections of academia and the professional
upper-middle class be confused with Marxism. Marxism locates the fundamental
division in capitalist society in class relations arising from production.
Contemporary identity politics fragments society along racial, gender and other
identities while generally leaving capitalist property relations untouched.
Rubio
benefits enormously from conflating the two. By describing liberal identity
politics as Marxism, the right can simultaneously attack genuine socialism and
discredit opposition to social inequality without confronting the actual
Marxist critique of capitalism. The result is an ideological hall of mirrors in
which representatives of a capitalist government define other defenders of
capitalism as communists.
From the “end of history” to men with
swords
The
historical contrast could hardly be sharper. Following the dissolution of the
Soviet Union, bourgeois ideologues proclaimed that the great ideological
struggles of history had essentially concluded. Capitalist liberal democracy
supposedly represented humanity's final political horizon. The coming decades
produced something very different. The United States launched successive wars
while social inequality soared. The 2008 financial crash exposed the global
financial system's instability. Governments poured enormous resources into
stabilising banks and financial markets. Political institutions increasingly
lost popular legitimacy. Trade conflicts intensified alongside geopolitical
confrontation.
The confident language of capitalist universalism steadily gave way to economic nationalism. Rubio’s speech belongs to this historical transition. The representative of American imperialism no longer promises a universally applicable order in which all nations will eventually converge upon liberal capitalism. Instead, he asserts America's particular right to pursue its interests and condemns institutions that claim universal jurisdiction when they obstruct those interests. The ideological progression from the “end of history” to “stop quoting laws to men with swords” expresses a profound transformation in the position and psychology of the American ruling class. The first formula reflected triumphalism. The second reflects crisis.
The spectre behind the speech
Rubio
delivered his remarks immediately after serious Republican reverses in the
midterm elections. He responded by instructing the Federalist Society not to
regard electoral defeat as decisive. He argued that genuine political power
must be developed across institutions over decades. That argument confirms how
seriously powerful sections of the American ruling class are approaching the
coming period. Rubio's rhetoric cannot be reduced to eccentric anti-communism.
His
invocation of national destiny, his celebration of conquest, his hostility
towards legal restraints upon American power, his identification of adversaries
throughout universities and courts, and his appeal for organised institutional
mobilisation form a coherent political outlook. It is an ideology suited to a
ruling class confronting intensifying crisis. Unable to resolve deteriorating
social conditions through reform, the capitalist oligarchy turns increasingly
towards nationalism and the strengthening of executive authority. Unable to
maintain unquestioned international dominance through economic supremacy alone,
it resorts more openly to military power. Unable to explain capitalism's
contradictions, it searches for scapegoats and internal enemies. And unable
finally to dispose of Marx, it announces that Marx is everywhere.
Rubio is
nevertheless correct about one thing. The spirit of Marx lives. But it does not
live where Rubio claims to find it. It does not reside in the International
Criminal Court. It does not reside in United Nations bureaucracies. It does not
reside in Democratic Party headquarters. It does not reside in corporate
diversity programmes or fashionable departments of elite universities. Marxism
lives because capitalism has reproduced on an enormously expanded scale the
social contradictions that gave rise to Marxism in the first place. Its
objective foundation is the international working class.
The global
integration of capitalist production has created a working class that is larger
and more internationally interconnected than at any previous period in history.
Workers separated by enormous geographical distances participate in common
chains of production and confront corporations whose activities transcend
national boundaries.
Capitalism
has thereby created the very social force that can replace it. But objective
contradictions do not automatically produce socialist consciousness. Workers
confronting declining living standards, austerity, unemployment,
authoritarianism and war can be diverted behind nationalism, racial
antagonisms, religious divisions and the competing factions of bourgeois politics.
The decisive question is political leadership. The struggle against capitalism
therefore requires building a consciously international socialist movement in
the working class, assimilating the strategic lessons of the twentieth century
and, above all, the struggle of Trotskyism against Stalinism and nationalism.
The
alternative the capitalist crisis increasingly presents is not reform versus
revolution, but socialism versus barbarism. Rubio's address exposes something
normally concealed beneath the ritual language of American politics. Beneath
the denunciations of international bureaucrats stands the assertion of naked
state power. Beneath the celebration of national sovereignty stands the defence
of capitalist property. Beneath the invocation of national unity stands a
society divided by irreconcilable class interests.
And beneath
the attack on the “spirit of Marx” stands a ruling class deeply conscious that
the social order it represents has failed to overcome the contradictions Marx
identified more than a century and a half ago. Marx and Engels wrote in 1848
that Europe's ruling powers had entered into a holy alliance against the
spectre of communism. Every government denounced its opponents as communist
while the defenders of the existing order united against the emerging political
movement of the working class.
The names
have changed. The institutions have changed. The world economy has developed on
a scale Marx and Engels could scarcely have imagined. But the fundamental
antagonism remains. Rubio's speech therefore deserves to be remembered not
simply for its crude anti-communism but for its extraordinary involuntary
confession. Thirty-five years after the supposed death of socialism, the most
powerful capitalist state on earth is still haunted by Marx. The spectre has
not disappeared. The task is to give it conscious political form.
Bibliography
and further reading
Primary
sources
Marx, Karl
and Friedrich Engels. Manifesto of the Communist Party. 1848.
Rubio,
Marco. “Secretary of State Marco Rubio at the Federalist Society’s 2026
National Lawyers Convention.” US Department of State, Washington, DC, 13
November 2026.
Trotsky,
Leon. The Revolution Betrayed: What Is the Soviet Union and Where Is It
Going? 1936.
Trotsky,
Leon. The Transitional Program: The Death Agony of Capitalism and the Tasks
of the Fourth International. 1938.
Marx,
capitalism and the world economy
Marx, Karl. Capital:
A Critique of Political Economy, Vol. I. 1867.
Marx, Karl. The
Eighteenth Brumaire of Louis Bonaparte. 1852.
Lenin, V. I.
Imperialism, the Highest Stage of Capitalism. 1916.
Lenin, V. I.
The State and Revolution. 1917.
Trotsky,
Leon. The Permanent Revolution. 1930.
Stalinism
and the Soviet Union
Trotsky,
Leon. The Revolution Betrayed. 1936.
Trotsky,
Leon. In Defence of Marxism. 1942.
North,
David. The Heritage We Defend: A Contribution to the History of the Fourth
International. Labour Publications, 1988.
American
capitalism, imperialism and political reaction
Beard,
Charles A. An Economic Interpretation of the Constitution of the United
States. Macmillan, 1913.
Zinn,
Howard. A People’s History of the United States. Harper & Row, 1980.
Williams,
William Appleman. The Tragedy of American Diplomacy. 1959.
Contemporary
source material
US
Department of State. Transcript of Marco Rubio's address to the Federalist
Society National Lawyers Convention, 13 November 2026.
Reuters.
“Rubio assails international court in speech to conservative legal group.” 14
November 2026.
Federalist
Society. Materials relating to the 2026 National Lawyers Convention,
Washington, DC.

