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, March 23, 2021

A LIST OF FOUNDATIONAL TERMS

 

This blog has played a bit loose with the definition of key terms it utilizes.  The two terms this most affects are “covenant” and “compact.”  One can also add “contract.”  These are important terms in dealing with the constructs, federalism or natural rights.  The use of the first two terms has set up a derived relationship that, as has been explained in this blog, but upon closer inspection, should be reversed – this posting hopefully clears that up. 

To date, a covenant has been defined here as solemn pledge or promise that solicits God to witness the resulting agreement.  A compact is the same thing without the solicitation of God.  In the future, this blogger will still refer to these terms in this way, but with an understanding that a more technical set of definitions pertains in a more nuanced way.  For the record, this posting will inform the reader of the more technical definitions according to leading federalist scholar, Donald S. Lutz.[1]

In Lutz’s description of these and other terms, he begins by pointing out that seventeenth- and eighteenth-century English-speaking thinkers, writers, and even citizens put a good deal of stock in the various forms of political arrangements.  While their vocabularies for related terms might have lacked consistent meanings, words were used to denote or connote from slight to expansive differences among different constitutional set ups. 

Closer looks and analysis are needed of those uses to truly attain what their purposes were.  So, it turns out, an often-used term, “covenant,” in a particular usage, could mean various levels of general or specific meaning.  Lutz, therefore, makes the effort to assist the reader by sharing a commonly accepted set of definitions of the following terms:  covenant, compact, contract, and organic act.  Other terms that will be addressed are constitution, charter, agreement, patent, frame, ordinance, combination, and fundamentals.

A good term to begin with, probably the most often used of the above listing, is contract.  Contracts have two attributes that are most pertinent to what the concern here is.  That is, they are agreements over specific set of elements – points of agreements – and involves a small number of parties – usually two.  They usually denote respective or mutual responsibilities the parties are assigned under the parameters of the agreement.  This blogger also sees it useful to point out they have a limited time dimension.

A compact differs from a contract in various ways.  It does refer to an agreement, but the range of points of agreement is far more encompassing.  The parties can be the members of a community – which can be as large as a nation – or an agreement between or among communities (including states and/or nations).  While these agreements might not have the status of law – though they often do – they are considered as such. 

A general aim for writing and accepting a compact is to form some community arrangement – of various formalities and number of parties involved.  Such agreements outline not specific requirements, but mutual assent to some form of rule.  A good example would be the choice in calling the agreement among the Puritans of 1620 the Mayflower Compact and not the Mayflower Contract.

The next term, covenant, turns out to be central to the Puritan settlers of the 1600s.  Here the terms take a more formal and, therefore, a heightened legalistic status.  They designate an agreement, but unlike a contract, they are formal documents that establishes their validity by securing – and in some cases, sanctioning – a higher authority, such as the Crown’s approval or sanction.  In other words, it is an agreement of heightened importance demanding the sanction of the highest authority – such as the king (in the case of 1620, James I) or ruling queen, if available.  But in terms of the Mayflower Compact, no “crown” was available.

There is a religious version of a covenant in which the signees “secure” an attainment or a “guarantee” by God.  This format, for example, is used to establish or formally organize a congregation in which the resulting assembly, each member individually, takes an oath to form (where applicable) and/or join that congregation. 

The assembly calls on God to witness that agreement.  That formational idea was adopted by those who wished to establish political entities in North America.  This did not preclude also calling on the highest secular power, the Crown to likewise witness and sanction the agreement.  When the two are elicited, the resulting covenant creates a legal/sectarian entity and that is what the initial colonial set ups became.  But what of John Locke and his designations of such unions?  Did he not use the term “contract”?

According to Lutz, the use of the term contract is a misnomer.  Lutz’s description of this account is informative on how Locke should be considered.

 

[Locke] was more properly a “compact theorist,” and in fact we find that his Second Treatise always uses the word “compact” and not “contract.”  Second, the relationship between a covenant and a compact was a direct one.  Both were based on the consent of those taking part.  Both created a new community.  Both implied a relationship that was stronger, deeper, and comprehensive than that established by a contract.  A compact, however required simply the consent of those taking part, while a covenant required sanction by the highest relevant authority as well.  In this regard, compact is the more modern of the two concepts, while covenant was the more natural term to use in a religious or medieval context where the hierarchy was well defined and had a clear apex.[2]

 

This language also denotes a development from compacts to covenants.  That is, some compacts became covenants, but not all covenants are compacts. 

Or stated another way, some compacts become covenants by this solicitation of the highest authority, be it the Crown and/or God.  Despite this logical arrangement, a compact is the more modern idea, while covenants can be found in ancient Biblical text.  Further, a compact could evolve into a covenant if the signees or their inheritors wish to call on God to witness the initial or some version of the agreement. 

Of course, by doing so, religious believers augment the “sacredness” of the agreement, at least, in their eyes.  As an aside, this blogger believes that the “sacredness” of an agreement can be established or sustained by a secularly based commitment or oath.  If this blogger promises to provide some service to someone else, his word is sacred to him and that can be established, to some degree, by the reputation he brings to the agreement.

          Another practical consideration was that the Crown was not readily available in America.  “Sacred” agreements were deemed essential, but the Crown’s sanction was far away.  Calling on God to witness any such agreement was considered a legitimate, binding substitute for that Crown’s “blessing.” 

And, perhaps, due to the geographic separation, a view evolved in which royal sanctioning lost some of its importance and the people started to think they themselves – perhaps in line with the thinking this blogger indicates above – were a legitimate enough authority to granting legal status to covenantal type agreements.  Hence, the utilization of the compact model.  They only relied on the agreement of those signing the binding document or the people those signers represented.

And with that turn, this posting ends and will leave to the next posting, Lutz’s further descriptions and explanations of covenants, compacts, and some of the other terms identified above.  A last word though, by reviewing these distinctions one can appreciate the wholistic nature of covenants and compacts as opposed to contracts.  Part of the concern the founding fathers – those who produced the basic US compact, the US Constitution – included the natural proclivities of people, how they could be identified, and how to account for them.

And this is an appropriate point to refer to something this blogger listened to not so long ago.  That was a broadcast on the podcast, Why Is This Happening? with Chris Hayes.  In that presentation, Chris Hayes opines that the founders, who were so concerned with morals and righteousness, established a government that replete with episodes of corruption.[3] 

What Mr. Hayes seems to not appreciate is that the compact that was designed called for structural and procedural elements that have led to identifying those episodes.  It is the difference between having a government that experiences corruption and a corrupt government.  This blogger believes the US government falls under the former not the latter classification.  And the relationship between the compact-al form and covenantal form that characterized the Constitution’s development played a significant role in being able to assign such a designation.

This blog will pick up with Lutz definitional distinctions in the next posting.



[1] Donald S. Lutz, “Introductory Essay,” Colonial Origins of the American Constitution:  A Documentary History, edited by Donald S. Lutz (Indianapolis, IN:  Liberty Fund, 1998).

[2] Ibid., xxvii.

[3] “Why Trump’s Corruption Matters with Zephyr Teachout,” Why Is this Happening? With Chris Hayes, NBC News (August 21, 2018), accessed March 22, 2021.

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