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, December 9, 2016

EMOLUMENT ZONE

Right off the bat, the pending Trump presidency provides a not so often opportunity to civics teachers.  A teacher can have his/her students investigate the meaning, purpose, history of the emolument clause in the Constitution.  Looking at an account by Heidi M. Przybylia, in a USA Today article, one gets a taste of what is involved:
Two initial conflicts could land Trump in immediate violation of the “Emoluments Clause,” an anti-bribery provision that forbids the president from receiving gifts from foreign leaders and is derived from the Latin word “emolumentum,” meaning “profit” or “gain.”  It says political officials cannot “accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”[1]
          Part of its history traces back to the late 1700s and its application has been very strict.  This bit of civics can be an on-going source of material for teachers looking for something current to address.
          Trump has business dealings around the world.  Of course, in those 28 countries, there will probably be foreign state officials who will curry favor from the president of the most powerful nation on earth.  For example, the Bank of China has dealings with the Trump businesses in the form of leasing and lending.  Of course, the Bank of China has enormous ties to the Chinese government.  As in China, similar ties can be found in India, the Philippines, Saudi Arabia, and many other nations.
          Then there are the straight up business arrangements such as selling US real estate to foreign officials or renting them space in one of many Trump owned or related properties.  One can see that in the upcoming years, the nation’s politics will be firmly entrenched in the emolument zone.  What the contours of that zone will be might be revealed on December 15 when the president-elect tells the press what arrangement he will put in place to avoid conflicts of interest.
There are no signs that that will include a divestiture of his properties.  Short of that form of separation, one cannot see how the president will be able to avoid concerns that he is receiving emoluments – the nation will see.



[1] Heidi M. Przybylia, “Trump’s Foreign Deals Risk Constitutional Clash, USA Today (December 9, 2016, 8A).

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