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, May 6, 2016

FEDERALISM IS NOT JUST ABOUT STATES’ POWER

In this blog I have tried to make an important distinction, at least important to the overall aims of the blog.  The aim has been to introduce you to the construct, federation theory.  In our common parlance of politics, federalism is associated with a structural arrangement; that is, the arrangement between federated entities; in our case, the states, and a central authority that “governs” the relations among the federated entities, in our case the central or federal government in Washington, D.C.  Each level of government in our national arrangement claims sovereignty over various areas of governance.  Our constitution identifies those powers that were delegated to the central government, such as regulating interstate commerce, and the Constitution also states quite clearly that those powers not delegated to the central government, such as educating the young, are reserved by the state government or the people of the various states.  But of course, such language is always open to interpretation and debates as to what exactly is a delegated power, what its attributes are, and those discussions have been an ongoing aspect of our domestic politics ever since the original 1787 document was proposed and ratified.  These debates increased in intensity from time to time; no more so than the years following the Civil War.

We all know that one of the issues, if not the most important issue, that pushed our nation to that highly destructive war was slavery.  After the war, the victorious side, led by the radical Republicans, wanted to make sure that the dehumanizing conditions that characterized the “peculiar institution” were eliminated.  In 1866, (the war ended in 1865) the Republicans who controlled Congress passed and enacted, over a presidential veto, the Civil Rights bill of that year.  The new law addressed the questions of citizenship, its provisions, and the rights it guaranteed to the former slaves.  This law predated the eventual proposal and ratification of the Thirteenth and Fourteenth Amendments which further solidified those guarantees.  My limited interest in this posting is the issue of how the law undermined the sovereignty of the states when it came to civil rights and how this tension really gets at the distinction this blog has made between the structural view of federalism and the more political/cultural view of federalism I have advanced by my introduction of federation theory.

On the one hand, by taking over a reserved power from the states, the governance over protecting civil rights from the states – a power which was generally viewed as a reserved power – the concern was that the central government was seriously threatening the entire federalist arrangement and setting up a centralized system much like what existed in most European countries.  The fear would be that this would, in turn, centralize so much power that the structural elements for despotism would be put in place.  One of our foundational values had been the demand for countervailing powers – such as in separation of powers among the branches of government and between the central and state governments.  Centralization would also provide for a removal of meaningful governance away from the people in their localities and vesting it in far off Washington.  There is no mistake; these concerns are central to federalism and a viable intrusion into state powers would place all these core values in jeopardy.

But let me provide another federalist concern, one that gets at the more political/cultural aspects of the equation.  Equality is central to federalist thought.  That is, a federal union is one of equal entities (parties) uniting to accomplish some goal or set of goals.  The instrument by which the agreement to join is stated and defined is a covenant or a compact – a solemn promise – in which the parties swear their allegiance.  Of course, that would be, for our nation, the US Constitution.  Prior to the Civil War and legally codified by the Dred Scott decision was the claim that those among us who either arrived from Africa or descended from those arrivals – blacks – were not among the people comprising that promise.  Therefore, they were not entitled to the rights and immunities guaranteed by the agreement.  Congress, after the war, wanted the legal instruments, law(s), to end this distinction.  By first enacting the Civil Rights Law of 1866 and later having the Thirteenth and Fourteenth Amendments to the Constitution ratified, the aim was this change by legally defining the citizenship status of African-Americans as those of any other citizen.  To me, this is not a step away from federalism, but an important step toward it.  Not only would this clear up the unjust exclusion of African-Americans in our political partnership, but it would provide the language that led to other discriminated groups attaining their full-fledged status as equal citizens.  What groups?  To begin with, the post-Civil War amendments almost immediately were used to begin the discussion of granting women full citizenship status not only in terms of suffrage, but in terms of property rights.

But before we go too far in crediting the radical Republicans of the late 1800s with ushering in a more complete respect for the principles of federalism, the initial vehemence which characterized their efforts of the 1860s was short-lived and soon they were guilty of back-sliding.
Republican supporters of the Reconstruction amendments and the civil rights statute acknowledged the revolutionary changes they had wrought in American federalism by delegating plenary authority over citizenship and civil rights to the national government.  Before the Civil War, the states had exercised almost exclusive jurisdiction over fundamental rights.  Under the Thirteenth and Fourteenth Amendments, as Republicans understood them, Congress could conceivably supplant states in securing civil rights. … Republicans acknowledged the constitutional revolution in which they were engaged, they carefully avoided carrying this revolution to its ultimate conclusion of creating a unitary political structure.  Republicans did not wish to supplant the states in providing a foundation for ordinary civil and criminal justice.  On the contrary, they consciously preserved federalism by avoiding unnecessary intrusion on state authority over civil rights … [restricting] its protection of fundamental rights to situations in which states and localities failed to protect them.[1]
As the nineteenth century progressed, the national government became less concerned with the plight of the former slaves and the southerners instituted strict discriminatory and segregationist policies.  Of course, we are all familiar with the turbulent history which extends to our current times of race relations.  But, when we discuss the federalist nature of our union, we must remember that federalism is not just a structural concept; it is a whole construct of governance which includes ideas, ideals, and values concerning our views over citizenship, rights, and how we relate to each other.  I like to think of it, as I have often stated in this blog, as a grand partnership where ultimately all our interests are tied together.  It is a perspective of inclusion in a pluralistic land.



[1] Kaczorowski, R. J.  (1992).  A revolution in federal civil rights.  In K. L. Hall (Ed.) Major problems in American constitutional history, Volume I:  The colonial era through reconstruction (pp. 584-592).  Lexington, MA:  D. C. Heath and Company, p. 590.  Many of the historical facts of this posting are derived from this article.

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