A Crucial Element of Democracy

This is a blog by Robert Gutierrez ...
While often taken for granted, civics education plays a crucial role in a democracy like ours. This Blog is dedicated to enticing its readers into taking an active role in the formulation of the civics curriculum found in their local schools. In order to do this, the Blog is offering a newer way to look at civics education, a newer construct - liberated federalism or federation theory. Daniel Elazar defines federalism as "the mode of political organization that unites separate polities within an overarching political system by distributing power among general and constituent governments in a manner designed to protect the existence and authority of both." It depends on its citizens acting in certain ways which Elazar calls federalism's processes. Federation theory, as applied to civics curriculum, has a set of aims. They are:
*Teach a view of government as a supra federated institution of society in which collective interests of the commonwealth are protected and advanced.
*Teach the philosophical basis of government's role as guardian of the grand partnership of citizens at both levels of individuals and associations of political and social intercourse.
*Convey the need of government to engender levels of support promoting a general sense of obligation and duty toward agreed upon goals and processes aimed at advancing the common betterment.
*Establish and justify a political morality which includes a process to assess whether that morality meets the needs of changing times while holding true to federalist values.
*Emphasize the integrity of the individual both in terms of liberty and equity in which each citizen is a member of a compacted arrangement and whose role is legally, politically, and socially congruent with the spirit of the Bill of Rights.
*Find a balance between a respect for national expertise and an encouragement of local, unsophisticated participation in policy decision-making and implementation.
Your input, as to the content of this Blog, is encouraged through this Blog directly or the Blog's email address: gravitascivics@gmail.com .
NOTE: This blog has led to the publication of a book. The title of that book is TOWARD A FEDERATED NATION: IMPLEMENTING NATIONAL CIVICS STANDARDS and it is available through Amazon in both ebook and paperback versions.

Friday, March 8, 2013

VOTING RIGHTS CASE REFLECTS FEDERALISM

In a current case before the Supreme Court, one that is challenging the 1965 Voting Rights Act, certain federalist issues are being considered. I believe that the manner in which the case is being argued by complainants picks up biased federalist views that do not represent federalism in a complete and totally honest way. The argument reflects the “state's rights” view of federalism. While such an argument does engender legitimate federalist concerns, it ignores other relevant aspects of federalism that I believe are more central to its ideas and ideals. Yes, federalism argues for respecting the entities that make up a federalist arrangement, but it also argues for the integrity of the agreement by which the entities have federated themselves in first place.

Specifically, the case in question has been brought up by a county in Alabama. Alabama, according to the 1965 legislation, has been identified as a state with a history of significant discrimination against African-Americans in terms of voting. That state, through state and local laws, devised a variety of schemes to, in effect, deny blacks the ability to vote. Such schemes as poll taxes and literacy tests were used toward this end. Attempts by the federal government to void such laws were met by state officials devising new strategies to maintain the discriminatory practices. To meet this challenge, the Voting Rights Act established the legal requirement that those officials need to clear, ahead of time, any changes in their voting laws. The clearance is be issued by the federal Justice Department. In this way the Department could pass judgment on the constitutionality of the proposed changes and, by so doing, head off any new attempts to prevent blacks from exercising their right to vote. I will conclude this quick review of the law by pointing out that the media has repeatedly gone over this factual information.

Shelby County, the Alabama county bringing the case to the Supreme Court, claims that by not treating all the states the same, the law ignores the constitutional requirement of equal protection under the law. The law and its requirements apply only to those states and parts of other states that have the type of history I described above. Many of the states so identified, such as Alabama, are in the South where it is well known that states have a past of extreme discrimination against African-Americans. But my concern here is not so much with the strength or weakness of Shelby County's claim, but with the bad “rep” federalism gets from such “state rights” cases.

Here is what is ignored about federalism: Federalism is a political philosophy that is based on republican ideals. It calls for the formation of government by people or groups who have a central and shared sense about how they can come together and form that government based on a set of shared ideals, aims, goals, needs and desires. The entities, be they people, groups, or both, pledge that they will hold to all of the stipulations of the agreement. The pledge is in perpetuity or for a stated length of time. The agreement spells out the demands and expectations each entity promises to keep. The agreement also establishes the structure of government that is meant to facilitate the attainment of those shared ideals, aims, goals, needs, and desires. In the case of the United States, a federated union, the agreement is our constitution.

As part of that constitution, there are the Thirteenth, Fourteenth, and Fifteenth Amendments. They are known as the Civil War amendments since they were ratified shortly after the Civil War ended and are considered the codification for the reasons the war was fought. In short, they were to make the former slaves full-fledged citizens of the US. In the case of voting rights, the Voting Rights Act was an attempt by Congress to assure that all of the states, including those that have a documented history of, in effect, defying that agreement, live by the agreement. The Act is a federalist reaction to a history of making a mockery of the sacred, federal agreement that is our constitution.

Of course, this argument does not address the question of the case. Shelby County claims that beyond being treated differently, the problem of denying blacks the right to vote no longer exists to the degree that justifies this “discriminatory” treatment. For the record and based on what I have heard in the media, I disagree. But my attempt here is to present a more comprehensive and honest view of what is meant by federalism. Why? Because federalism is too important to our system of governance for us to have a muddled view of what it means. It is not a means to deny any citizen his or her right to vote. It instead stands for an active and involved citizenry and that includes voting.

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