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 17, 2019

AND THEN THERE IS LAW-ABIDING BEHAVIOR


[Note:  This posting, the previous several postings, and at least the one to follow are a restatement of what has been addressed previously in this blog.  Some of the sentences to come have been provided before but the concern is that other information has been discovered and an update seems appropriate.  The blog has not changed the overall message – that civics education is seriously deficient – but some of the evidence supporting that message needs updating.]



In this review, reporting on the effectiveness of civics education in American classrooms, there is one last measure to consider:  rates of criminality.  Civics education, if successful, should lead to a populace that is noted for its law-abiding behavior.  One of this nation’s chief constitutional principles is justice under the rule of law.  Civics should promote obeying the law.
Yes, one should engage in determining what laws should be passed by our legislatures but, once passed, the laws should be obeyed.  One can cite instances when it is good and just to engage in civil disobedience on rare occasions but even then, such acts need to be justified and the participants need to be willing to accept the consequences of those acts including jail time.
The last posting addressed this issue in its description of extreme politics.  This blog argues that when injustices are the issue, then citizens are addressing the basic condition under which the partnership agreement, the Constitution, is being abused or threatened.  Then, and only then, are extreme politics in order.  But other than that, one should seek compromise and understand that being in a partnership, within the bounds of the foundational agreement, consists of give and take.  And that process should obey the ground rules; i.e., the law. 
Why anyone would disobey the law can be complicated.  Reasons can range from the level of severity of the offense – e.g., speeding a bit over the limit on an expressway might not be considered criminal behavior – to the economic realities in which an offender might find him/herself – being deprived of necessities can be a strong motivator.  Some might see these types of conditions as excuses; others see them as explanations.  Yet others might argue that citing these conditions are only rationalizations. 
Regardless, the point here is that by and large, one should obey the law.  But with any kind of factor one might think acceptable in justifying the breaking of the law, one should remember that these conditions generally exist everywhere.  Poverty, in many places much more extreme than here, exists everywhere.  Mental illness exists everywhere.  Dysfunctional families exist everywhere, and so on ...
Therefore, if one looks at comparative statistics about lawlessness among countries, the information should give one at least a sense of how well this nation lives by the axiom:  one should obey the law.  In turn, the information should also give one a sense of how well the nation’s schools are educating its populace in civics and civic behavior as they relate to this concern.
To start, the US has over 7.3 million people in prisons.  It has 5% of the world's population but has 25% of the world's prison population.[1]  Comparing the US to a nation with which it shares many cultural values, the United Kingdom has 150 out of 100,000 people in prison.  The US has 686 out of 100,000 people detained.[2]  
While many factors contribute to any comparison, such as a government's ability to prosecute its laws, its levels of contributing factors, such as poverty, or over prosecution and punishment for minor crimes – e.g., drug related prosecution – the US does not fare well in comparisons regarding criminality.  But one might point out, as the media has recently, that a lot of this incarceration is the result of over-zealous laws concerning drugs. 
One good bit of information on this front is a lowering crime rate.  For example, the rate of victims per 1,000 population has dropped in the US from 51.7 in 1979 to 15 in 2010.[3]  Yet before one celebrates, there are other relevant numbers. 
Another statistical site offers the following:  Total persons brought into formal contact with the police and/or criminal justice system, all crimes in 2011 (top ten nations)
United States         12,408,899 with a population of 322 million (38.58 per 1,000)
Germany     2,112,843 with a population of 81 million (26.08 per 1,000)
France                   1,172,547 with a population of 67 million (17.5 per 1,000)
Russian Fed.         1,041,340 with a population of 147 million (7.08 per 1,000)
Italy            900,870 with a population of 61 million (14.77 per 1,000)
Canada                 688,920 with a population of 36 million (19.14 per 1,000)
Chile           611,322 with a population of 18 million (33.96 per 1,000)
Poland                  521,942 with a population of 38 million (13.74 per 1,000)
Spain          377,965 with a population of 46 million (8.22 per 1,000)
Netherlands 372,305 with a population of 17 million (21.9 per 1,000)[4]
Whether one is looking at total numbers or rates, the US does not fare well when compared to other countries.  There is no reason to believe the intervening years – since 2011 – have meaningfully altered this listing.
One should keep in mind that the above listed countries vary in terms of reported freedom as opposed to repression.  Whether a nation is ruled by a liberal regime as opposed to an authoritarian regime is relevant to how levels of criminality are measured, and policing is administered.  So, while these other countries might or might not have as extensive a list of drug laws, the US beats them all in terms of its crime rate.
The closest country in terms of rate is Chile.  Chile, a Latin-American country, exemplifies what Daniel Elazar describes as having a culture that harbors an anarchistic individualism.[5] This account can only speculate as to the explanatory value of such an observation.  This blog argues that the US started out with a more federalist sense of individualism, one that “recognized the subtle bonds of partnership linking individuals even as they preserve their individual integrities...”[6] 
It also argues that the US, especially since World War II, has abandoned a federalist view, at least as a prominent perspective of governance and politics, and has shifted to a natural rights view.  This latter construct is noted for its individualism.  These numbers are but one indicator of how far that shift has made itself known.
The next posting will end this updating series of postings on the effectiveness of the nation's current efforts in civics education.


[1] “Study:  7.3 Million in U. S. Prison System in ’07,” CNN news, March 2, 2009, accessed May 15, 2019, http://www.cnn.com/2009/CRIME/03/02/record.prison.population/.

[2] Roy Walmsley, “World Prison List,” World Prison Brief, n. d., accessed May 16, 2019, http://www.prisonstudies.org/sites/default/files/resources/downloads/world_prison_population_list_11th_edition_0.pdf .

[3] “Crime Rates in US over Time,” Google Search, n. d., accessed May 16, 2019, https://www.google.com/search?q=crime+rates+in+US+over+time&espv=2&biw=1093&bih=514&tbm=isch&imgil=P4g2P-obB-jlRM%253A%253BcPni19546Kal8M%253Bhttp%25253A%25252F%25252Fwww.gallup.com%25252Fpoll%25252F150464%25252Famericans-believe-crime-worsening.aspx&source=iu&pf=m&fir=P4g2P-obB-jlRM%253A%252CcPni19546Kal8M%252C_&usg=__zxIEm18APlIHiED8D3gsYadxZL4%3D&ved=0CCcQyjdqFQoTCJeJut67-ccCFcY8PgodmAwJGA&ei=NUj4VdeaD8b5-AGYmaTAAQ#imgrc=P4g2P-obB-jlRM%3A&usg=__zxIEm18APlIHiED8D3gsYadxZL4%3D .  Of course, this reflects reported crime events.  Whether people in general are more prone to report crime is an interesting question.  I do not know the answer to that question.  There is an array of statistical information readily available supporting this overall picture of a falling crime rate.  Such information in form of charts and other statistical information can be seen by accessing Google Search, crime, charts and statistics.

[4] “Top Ten Countries with Highest Reported Crime Rates,” Maps of the World, n. d., accessed May 16, 2019, www.mapsofworld.com/world-top-ten/countries-with-highest-reported-crime-rates.html .

[5] Daniel J. Elazar, “How Federal Is the Constitution? Thoroughly,” in a booklet of readings, Readings for Classes Taught by Professor Elazar, prepared for a National Endowment for the Humanities Institute (conducted in Steamboat Springs, Colorado, 1994), 1-30.

[6] Ibid., 10-11.

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