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.

Tuesday, November 5, 2019

MAJORITY POWER AND MINORITY INTERESTS


This blog, as its regular readers can attest, promotes federation theory.  The introduction to this posting, found in its Blogspot version, reviews the general ideas constituting that theory.  As that review indicates, the aim of issuing and promoting the theory is to offer civics teachers a guide by which to choose content for their subject.  Through the history of the blog, this writer has informed the blog’s readers what the attributes of that theory are.
          One of its main set of ideas has to do with what constitutes an ideal makeup in a polity’s governance.  That includes the attribute of a qualified majority rule.  That is, an ideal federal union is structured so that policy is enacted through mechanisms that reflect basically the majority wishes of the citizenry with some provided safeguards.  Safeguards against what?  Against the majority exercising tyrannical rule over minorities such as those minorities that hold unpopular views or that are comprised of members who are unpopular.
          This concern goes beyond merely identifying and protecting individual or group rights.  A government, for example, can protect its minorities’ right to voice their opinions, but at the same time enact laws that fundamentally endanger their interests.  This, historically, has been the case of racial and ethnic minorities.  Some of these interests are considered essential to further or even protect the viability of these groups.
          One group that felt this way – that today is viewed as deserving any such laws – was the slave states of the South prior to the Civil War.  And a politician/political theorist who spoke about the implied danger tht majority rule presented this group was John C. Calhoun. 
Since representation in the House of Representatives was becoming lopsided in favor of representation from the non-slave states, Calhoun feared that the federal legislature, Congress, posed a potential threat to the South and its perceived basic interests.[1]
          Yes, laws need to be enacted by both houses of Congress and that includes the Senate.  As long as the Senate was composed of equal numbers from each state and there was an equal number of slave and non-slave states, the Southern senators could, in effect, veto any legislation that threatened the fundamental interests of the South. 
But the development of the nation – in its western expansion – promised that that safeguard did not enjoy a safe future.  This encouraged Calhoun to devise a solution.  And his solution was to further “qualify” majority rule.  Here is how Fred McBride describes the issue for Calhoun:
Hence several problems arise from a majority-rule principle. Tyrannical majorities are able to rule in their self interest and force views on the minority. Individual liberty is suppressed. Diversity is minimized, and the majority's progress stands little chance of impediment. The common wellbeing of those in the minority is jeopardized. [2]
          In all this, one should keep in mind that not only slave states are minorities, but so are many other groups within a polity at any given time.  While one is well justified not to worry about slave state interests, the concerns over minority rights and interests are important in that one can cite the role the courts, especially the Supreme Court, have played in dealing with minority rights.  
History, though, provides a mix record; the Supreme Court has both protected minorities – e.g., Brown v. School Board of Topeka – and has also advanced the power of the majority – e.g., Plessey v. Ferguson.  Other cases can be cited both protecting or threatening minorities and their interests.  So, perhaps a closer look at Calhoun and his thinking in this regard might be useful for those concerned with minority rights.
This is the case if for no other reason than to see if other ideas occur to current thinkers who are concerned with the plight of minorities such as racial groups, various ethnicities, people of various sexual orientations, women concerned over reproductive rights, etc.
          To begin, Calhoun saw the purpose of government as preserving and protecting the common good of society – so far so good.  Consequently, government and society are strongly related.  But government has a tendency to abuse power.  Why?  Because it can, or can readily do so for the sake of powerful members of the polity.
In addition, in terms of the federal government and the states (such as South Carolina where Calhoun was from), the states are sovereign entities – they did not relinquish that sovereignty by agreeing to the founding compact, the US Constitution.
          Therefore, given how the politics of the nation had evolved since the Constitution’s ratification, he is described as making the following observation:  “[T]hat there were no provisions which prevented the federal government from encroaching on the powers reserved to the states. Thus, the problem, according to Calhoun, lies in numerical majorities which ultimately lead to absolute governments.” [3]  
His solution to this anti-republican attribute lay in his claim that the government should not be managed or run by politicians chosen by numerical majorities.  Instead, it should have representatives chosen by a concurrent majority in which each of the polity’s major groups be given a voice, through some system, to indicate their preferences regarding pending policies – such as proposed bills.
What system?  Here is how the historian, Richard Hostadter,[4] describes Calhoun’s proposed changes to the legislative process:
… Calhoun seized upon the idea of state nullification.  The powers of sovereignty, he contended, belonged of right entirely to the several states and were only delegated, in part, to the federal government.  Therefore the right of judging whether measures of policy were infractions of their rights under the Constitution belonged to the states.  When a state convention, called for the purpose, decided that constitutional rights were violated by any statute, the state had a right to declare the law null and void within its boundaries and refuse to permit its enforcement there.  Nullification would be binding on both the citizens of the state and the federal government.[5]
The reader might find this system a bit interesting as to its legitimacy and practicality.  Would the states be in a recurrent habit of calling conventions on a monthly, yearly, or bi-yearly basis?  That would be an interesting proposition.  But as any understanding of American history indicates, this is a dead concern. 
What is of more interest is the whole sense of nullification by minorities.  And this interest was revitalized when Bill Clinton, in his initial transition to the presidency, named Lani Guinier as Assistant Attorney General back in 1992.  She had advocated a more recent version of constraining majorities in her work representing the interest of African-Americans and other minorities.  Her ideas are based on her conclusion that America is not color-blind.
          She argues – or argued back then – that the American society has been founded on racial divisions.  These divisions can be observed in certain practices such as housing, voting, employment to name but few areas of social arrangements where that is the case.  Why do these practices exist?  Because the majority – which is white – can and does exercise racial monopoly over those who are not white. 
Whites’ majority is based on their numbers, their power positions (including their positions in the economy and the political structure of the nation), and the resulting influence these other elements accrue to whites.  In short, due to these advantages among whites, non-whites’ interests are seldom, if ever, considered.
“For Guinier, in a racially divided society majority rule may be perceived as majority tyranny.  Thus the discussion of majority and minority relations in the 20th century [and into the 21st century] becomes primarily based on racial and ethnic lines.”[6]  Of course, if accepted as fact, this evidence shows unfairness.  It can even be considered as whites, the majority, exercising a tyranny for the purposes of advancing their advantages and self-interest. 
In addition, there does not appear to be a way to dislodge these advantageous positions by whites.[7]  Under these conditions, whites continuously win and non-whites lose, a zero-sum situation.  Guinier, under these conditions, offers a way out where non-whites get something.
Her first goal is to get a way for everyone to be motivated to play in the national “game” of distribution.  Her suggestion includes rules that reward winners but can be acceptable to losers.  She cites the former Chief Justice Warren Burger who is quoted as arguing that the Constitution does not require that majorities always get their way.  With that, Guinier promotes proportional or a semi-proportional system as other than winner-take-all systems.  That is, she suggests a cumulative voting regimen and a supermajority option.[8]
Here are these proposals in turn:
Cumulative voting:  A voter has not one vote, but the number of votes equal to the number of options the voter has in voting for a candidate or a proposal.  He/she distributes his/her choice in a combination of his/her choosing.  For example, one way is the case for choosing a mayor of a city.  If there are four candidates vying for that position, the voter would have four votes in which the first three votes can be cast for his/her first choice and the last vote for the second favorite.  The candidate who gets the most votes wins.
          This option is not totally foreign to Americans.  It is used in thirty states by corporate boards or for selecting school board members or county commissioners.
Supermajority option:  Here this option can utilize a “super-district” strategy in which a proposal needs to secure a super majority, like 60%, before a proposal is adopted.  Again, this is somewhat in effect since most proposals in Congress must, to avoid a filibuster in the Senate, be supported by a 60% majority.  If this was instituted across the board, then policies would have to garner support from groups that hold non-majority standing in settings such as a city or a county.[9]
Lani Guinier was, in 1992, dropped from consideration for the Justice Department position because her writings engendered a lot of concern and the President-elect, upon further consideration, found he was also at variance with her positions.
          This posting draws attention to this challenge that majority rule poses because if the majority does treat minorities unjustly, then that is a federalist issue.  Civics teachers should question students about such treatment as it may occur in students’ local community, city or town, state, and definitely the nation.


[1] Greg Timmons, “How Slavery Became the Economic Engine of the South,” History Network, August 31, 2018/March 6, 2018, accessed November 5, 2019, https://www.history.com/news/slavery-profitable-southern-economy .  The South produced 75 percent of the world’s cotton and if compared with other nations, the South would have ranked as having the fourth richest economy of the world.

[2] Fred McBride, “Strange Bedfellows:  The Political Thought of John C. Calhoun and Lani Guinier,” Endarch:  Journal of Black Political Research, vol. 1997, no. 1, accessed November 4, 2019,  https://pdfs.semanticscholar.org/b861/e2e50999d477329bd9742531c0716cee8b9b.pdf, 41.

[3] Ibid., 42.

[4] Hofstadter, R.  (1948).  The American political tradition.  New York, NY:  Vintage Books.

[5] Ibid., 71-72.

[6] Fred McBride, “Strange Bedfellows:  The Political Thought of John C. Calhoun and Lani Guinier,” Endarch:  Journal of Black Political Research, 45.

[7] More current demographic information seems to indicate that in terms of numerical standing, whites are being challenged by non-white groups (combined numbers of African-American and Latin-American groups).

[8] Ibid.

[9] “Lani Guinier,” Wikipedia, n.d., accessed November 4, 2019, https://en.wikipedia.org/wiki/Lani_Guinier . 

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