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, February 7, 2014

A TRUER COMPARISON

Recently in the national media there was a certain discussion about whether current calls for increasing taxes on the rich, the one percent, are comparable to what the Nazis did to the Jews in the late 1930s. Specifically, there was a reference to Kristallnacht – the Night of Broken Glass – when the Nazis launched a coordinated attack on Jewish establishments throughout Germany and parts of Austria. The attacks were conducted during the night and were characterized by the resulting broken glass from Jewish businesses and synagogues. Besides being a tasteless comparison, I believe a better comparison would have been to the French Revolution. I must admit, I never read the A Tale of Two Cities – I saw the movie. And as in the case of Les Miserables, the story graphically depicts the plight of the lower classes in pre-revolutionary France as being extremely desperate. The system, in terms of both the government and non-government, was totally dedicated to the benefit of the upper classes – royalty and the aristocracy. This exploitation continued until the lower classes had had enough and those in power, both in and out of government, paid a heavy price. Many actions of the Revolutionary government, headed by the Jacobins, went overboard – we all have seen renderings of the guillotines – but that amount of built up hatred toward their one percent found its release. You see, and I'm just speculating, the reference to Kristallnacht, instead of the French Revolution, was favored because in the case of the Nazis, their tyranny was based on a more unreasonable motivation. They were expressing an extreme form of tribalism in an industrial nation. While we can condemn the excesses of the Revolution, we can more readily understand its origins. Now, I'm not saying the French Revolution is an equitable comparison with what is going on today – it's not – but it did pit those who lacked economic resources and all that that entails with those who had extreme wealth. We're not there yet, but we are drifting in that direction, a direction where a very few own just about all there is.

That is, income and wealth mal-distribution are legitimate issues for government to address. If we listen to the political right, there seems to be a lack of understanding of this whole concern. They talk as if any mention of it is an exercise in class warfare, whereas dealing with it might very well avoid real class warfare. The right likes to support its contention with a variety of evidence – some true, some out of context, and some just plain inaccurate.

Citing our founding fathers, specifically Thomas Jefferson and James Madison, is among this evidence. In the case of Madison, we have his writings including a source I have cited in past postings: Federalist Paper Number 10. For example, there is the following:
As long as the reason of man continues fallible, and he is at liberty to exercise it, different opinions will be formed. As long as the connection subsists between his reason and his self-love, his opinions and his passions will have a reciprocal influence on each other; and the former will be objects to which the latter will attach themselves. The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to a uniformity of interests. The protection of these faculties is the first object of government. From the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results; and from the influence of these on the sentiments and views of the respective proprietors, ensues a division of the society into different interests and parties.
The italicized sentence above – not italicized in the original – is of particular favor among conservatives.1 It speaks to their desire to convince us that there is no communal bias in our constitution. After all, Madison didn't get the moniker, Father of the Constitution, for no reason and any bias he were to express is, therefore, a fundamental constitutional principle. But of course, all of this is taken out of context.

Remember, Madison didn't write the Constitution all by himself. The Constitution itself, even, is not in effect because it was written by those who attended the Constitutional Convention. It is in effect because the members of the separate Ratifying Conventions in the several states voted for it. And there is ample evidence that the collective wisdom of those founding fathers was highly in favor of a communal view of government and society. After all, federalism is not an individualistic view; it is a congregational view of government. It is a compromise between individualism and communalism. And if one reads the Constitution with this more nuanced eye, it makes a whole heck of a lot more sense.

Let's look at what a present day expert has to say about Madison:
[Madison] believed that the preservation of people's “different and unequal faculties of acquiring property” was “the first object of government,” but that a too-powerful government could undermine that goal. He was, therefore, more concerned with abuses of legislative and executive power than of unregulated commercial power.2
Jeffrey Rosen, CEO of the National Constitution Center, in this cited article, goes on to argue that a shortsighted aspect of Madison's concern was the potential power of national, private interests such as transnational corporations. Madison, though, when one takes in the whole sense of this paper, is concerned with excessive power in the hands of any one actor or group of actors. Madison just did not see the potential of transnational corporations that exist today – hence, his oversight. Rosen, particularly, is focused on the ability of the likes of Google and Facebook to gather and sell our private information. My concern, here, is that a reliance on Madison's thoughts concerning the rights of private concerns when it comes to wealth distribution in our times is a reliance on ideas taken out of context.

First of all, the history of government up to that time was not one of a power exercised to represent or advance the interests of the non-elites. Government, in the minds of Madison and Jefferson, was a force to represent the interests of the rich or the landed or both. There were no public welfare programs; there were no public health facilities, and there were no jobs programs or employment training efforts paid by the public treasury. The abuse came about when government was used to protect and advance the interests of the well-heeled. This is a practice not foreign to us today. It was that type of abuse that the founding generation was concerned with unless we're talking about those who benefited. It was that type of abuse, to unrelenting degrees of exploitation, that led to the French Revolution and our republic was to be a model of governance that would be able to avoid such abuse.

And let me add another word. A recurring charge by the right is that those who favor welfare or higher taxes on the rich or who favor programs such as Social Security, Medicare, or the Affordable Healthcare Act are seeking policies that aim at “equal results” – that is, they want a socialist regime to take hold. In the main, this is not true.3 What those who support these policies are serious about providing is not equal results, but equal opportunity. These are policies that address those conditions that stand in the way of less advantaged people having a real shot at the American Dream. Those who oppose them are either against equal opportunity or they have an unrealistic view of what it takes to provide it for the majority of those in the lower classes. And what is asked for will not result in anything like what faced the deposed elites of Jacobin France. What is asked for is a fair tax policy, one that asks more from those who get more for the betterment of all.

2Rosen, J. (2014). Madison's privacy blind spot. The New York Times, January 19, Sunday Review section, p. 5. This article argues that the Constitution has a deficiency and therefore needs amending. That is, it should have the expressed power to limit the power of private entities to gather and distribute private information of individuals similar to the constitutional prohibition against government to do so.

3I write “in the main” because there are socialists in this country, but they comprise a very small minority among those on the left.

Monday, February 3, 2014

A BETTER WAY?

I have during the history of this blog ascribed to our constitution an almost sacred quality. That is, as the basic compact between all Americans, it is a solemn agreement in which we federate ourselves with each other. But, for all that “sacredness,” it can be changed. Not easily, but we can either add some provision or we can delete some provision. My purpose here is not to go over the long and arduous process by which changes can be made, but to write about how a civics teacher can instruct students about the purpose of amendments to the Constitution.

The teacher can present students with proposed amendments and have students analyze them, determine the purpose of a given proposed amendment, evaluate it, and perhaps alter it to conform with what the students believe would be a better amendment. I would begin with a bit of advice I heard a long time ago (I think I heard this when I was high school). The advice is: when confronted with a proposed change to the Constitution, first say no and then look into it. That is, be disposed to reject our constitution; history has shown it works pretty well as it is. But from time to time, either structural and/or procedural governmental problems develop or problems with citizenship or voting rights arise, or it could be a problem with the relationship between the states. There are probably other sorts of problems that only a change to the Constitution will fix, but these are the types of problems that call for an amendment. And people engage in proposing new amendments all the time. Currently, there is a so-called 28th Amendment movement calling for a provision which mandates that the members of Congress be equally subject to the laws they pass. Without exemption, those who pass laws might be more careful about the effects those laws might have on the rest of us – or so the thinking goes. So, in this posting, I will present two proposed amendments that are aimed at addressing current problems. They are examples of the type of proposals teachers can present to students. I will add that they are not proposals I would necessarily vote for, but I think an argument can be made for both of them.

Before presenting these proposals, let me remind you that I am not a constitutional scholar or constitutional lawyer, so the language I am using should not be seen as being adequate to the task. I am also not claiming they are optimal in terms of what they are suggesting as to the structural changes they would implement – as a matter of fact, what they suggest could be part of what students could determine is wrong with them. But despite all that, here they are:
Proposed amendment one,
1 - Upon the recorded agreement by twenty percent of the combined number of electors – known as voters – from the various state voter registries for a proposed national law, both houses of Congress (the House of Representatives and the Senate) shall take up the proposed measure, as written and presented, for a vote of approval or disapproval within six months of its presentation to each body. If the proposed law is agreed upon by the houses of Congress and signed into law by the President, the proposal shall be statutory law.
2 - State legislatures shall enact legislation empowering appropriate state officials to provide federal government officials with voter related information necessary to administer this provision.
3 - This provision will be administered by the federal Department of State.
4 - Congress shall enact necessary legislation to implement this provision.

As suggested above, students will be asked to analyze this proposal and determine what current problem(s) this proposal is meant to address. I will share with you that the ongoing inability in Congress to pass any meaningful legislation spurred the idea of this amendment. What do you think? Is the current intransigence we see in Congress bad enough to call for such an amendment? And if so, is this the solution? Will it cause other problems? Is it too expensive a solution? These are the types of questions students can tackle and to which they can derive answers.

Proposed amendment two:
1 - The power to administer national elections is vested in a national election commission. The commission is comprised of seven members. The commission is to:
administer federal government's duties related to the election determining the members of the Congress, the President, and the Vice President;
determine the boundaries of the Congressional districts; and
administer a non-partisan informational and promotional program to encourage active participation on the part of the citizenry.
2 - The electoral commission is comprised of members who serve seven year terms and will serve as long as they maintain lawful status. The terms of members will be established as staggered with one new member selected every year. Each member is selected by one of various bodies consisting of the House of Representatives, the Senate, the President, the Supreme Court, the chief officer of the Department of State, the chief officer of the Department of Justice, and the active members of the sitting electoral commission.
3 - Members of the election commission are limited to one full term of seven years. Those initial members whose terms are fewer than seven years can be reappointed for one full term.
4 - Congress shall pass necessary legislation to administer this provision.

For this second proposed amendment, a useful line of questioning could be initiated if the teacher asks: whose power will be affected if this change were put into effect? For example, by a national body determining the composition of Congressional boundaries, state legislatures will be deprived of a very coveted power. They exercise this power every ten years after the national census. Many believe that the current inability to get things done in Washington is to a significant degree caused by how these boundaries are drawn. This was demonstrated in the 2012 election when the Democrats garnered a million more votes than Republicans in House elections, but still couldn't get control of that body. Hence, we still have divided government and we still have stymied policy makers. And another line of questioning might be about how much power a given executive administration has, under the provisions of the amendment, to determine who shall serve on the commission. Perhaps the administration should have only one choice in a given cycle and have the commission made up of five members instead of seven and have five year terms. This change to the change would have meaningful implications.

This exercise of thinking up proposed amendments is great fun. Try it. Just remember to first say no to each proposal that occurs to you.